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Conflict with new landlord and early eviction

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  1. #1

    Join Date
    May 2017
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    Conflict with new landlord and early eviction

    Hello,
    My wife and I are renting an appartment for which the lease is expiring on June 30. Back in March, the landlord contacted us, asking us to vacate the premises in June because he wants to sell the appartment. We managed to negotiate a deal with the landlord: we would be allowed to stay until end of August (when we leave HK to move to Australia, hence our desire to extend for 2 months only) and then we would move out. The landlord agreed and we got a written agreement.

    Now, it turns out that the landlord sold the appartment and the new landlord gave us notice last week to vacate the premises at a month's notice. We contacted their agent and the new landlord herself. They are not respecting the deal we struck with the previous owner. The new landlord wants to move in end of June.

    It all boils down to this: is the written agreement we received from the previous landlord legally binding? We started discussing a compromise but I'm wondering if we'd have a standing chance to enforce that written agreement if need be?

    Thanks for any help you could provide!
    Happy to give more information, here or through private messages.


  2. #2

    Join Date
    Jun 2015
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    How on earth the old LL sold his unit to the new LL without the new one physically checking it out?!

    jrkob likes this.

  3. #3

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    Quote Originally Posted by Aysallas
    How on earth the old LL sold his unit to the new LL without the new one physically checking it out?!
    I know right... From our conversation with the new LL, they're really desperate to move asap (currently living in NT, moving to HK for kid's schooling)

  4. #4

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    Quote Originally Posted by Aysallas
    How on earth the old LL sold his unit to the new LL without the new one physically checking it out?!
    Not uncommon for internal sale to friend/relative or mainland buyer or even normal sale in this crazy market with FOMO type buyers..
    jayinhongkong likes this.

  5. #5

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    Quote Originally Posted by Aysallas
    How on earth the old LL sold his unit to the new LL without the new one physically checking it out?!
    Happens all across town - seems to be a trend with mainland buyers who want the tenant out ASAP. In a case I know about personally, the buyer paid above market price and gave the owners 2 weeks to move out - they were happy as they got about 5-600K over market price.

  6. #6

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    @tropicofreco - hope you've read this:


    CLIC - Landlord & Tenant

    Covers the bit about your deposit - which should be a major and additional concern for you.

    tropicofreco and spode like this.

  7. #7

    Join Date
    Mar 2007
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    Simple : just refuse to move.

    The only way they can kick you out is :
    a) annoy you
    b) threaten you
    c) take you to court which takes 3-5+ months by which time you would have left already.

    If you think the new LL is a decent person (not connected to any shady types), then I'd just sit and not move till the time comes up.

    Its good you are negotiating - chances are the LL has checked with his lawyer and knows about (c) - so he is trying to get you out nicely.....

    nivantj and tropicofreco like this.

  8. #8

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    May 2017
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    Quote Originally Posted by shri
    @tropicofreco - hope you've read this:


    CLIC - Landlord & Tenant

    Covers the bit about your deposit - which should be a major and additional concern for you.
    Thanks Shri, that's a good point. Does the CLIC provide legal advice aside from the topics and points they cover on their website?

  9. #9

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    Is the written agreement on the extension stamped by gov?

    tropicofreco likes this.

  10. #10

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    May 2017
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    Quote Originally Posted by Drunken Master
    Is the written agreement on the extension stamped by gov?
    No, it isn't. It's an email by the old LL's agent, forwarded to us and the new LL and agent. To sum up, all parties are aware of that agreement. But the lease hasn't been properly updated.
    Is an email a legal and binding form of agreement for a court?

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