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Landlord refuses to accept our notice of termination

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  1. #31

    Join Date
    Feb 2011
    Location
    Hong Kong
    Posts
    6,330

    If you're leaving then don't pay your last two months rent. You'll never see your deposit again.


  2. #32

    Join Date
    Dec 2005
    Posts
    1,413
    Quote Originally Posted by Genimhk
    Hi all,

    I have a problem with my landlord. We arrived in his appartment back in 2014 and signed a "normal" contract with him for 2 years, with a break clause stipulating that after the first 12 months, either the landlord or the tenant can terminate the contract with a 1-month notice.

    Each year, at the anniversary date of our contract, we discuss about the rent fee, which is normal, and as we are not really used to HK's Law, last time, we asked the landlord to sign a new contract, which he refused.

    We have shared with him our notice of termination of the tenant agreement a few days ago, but he refuses to accept it, saying that last time we discussed about the rent, it was for 1 full year, and then we have to pay him for the rest of the period. As we have only the contract signed, and some Whatsapp messages shared for the renegociation of the rent.

    For me there is no discussion: the contract (only signed doc, back in 2014) clearly says that we can terminate the agreement after the first 12 months, with the one-month notice. But he keeps saying that our whatsapp was a promise to stay in the appartment for a full year.

    Any confirmation?
    Thanks in advance!
    You signed for a 2 year contract from 2014 to 2016. And when the 2016 contract expired, LL did not sign new contract for 2016-2017, till now. You only dealt with through messages. So in what basis are you staying at the premises, paying rent and calculating the termination time etc.? How is LL declaring to rating and valuation department? Vacant premises? Unless it's not written, it's hard to enforce.

    The original deposit belongs to to original contract. Since you never signed an extension or new contract, the deposit was never bought forward and is basically an outstanding on account of LL. Just my understanding from your post..
    Morrison and MandM! like this.

  3. #33

    Join Date
    Jul 2017
    Posts
    7
    Quote Originally Posted by shafiq
    You signed for a 2 year contract from 2014 to 2016. And when the 2016 contract expired, LL did not sign new contract for 2016-2017, till now. You only dealt with through messages. So in what basis are you staying at the premises, paying rent and calculating the termination time etc.? How is LL declaring to rating and valuation department? Vacant premises? Unless it's not written, it's hard to enforce.
    Only now I understand this. I was absolutly not aware of this kind of arrangement and it sounded weird to me since the contract ended. That's the reason why, this year, I asked to the landlord to sign a new contract

    I am now aware that the landlord probably won't give us back the deposit, so I won't pay the last month of rent. I will loose on this, but at least, less than it could be if I pay.

    The question is: what can/will happen with the landlord the day I give him back the keys? shall I insist on signing something with him, and what? If he complains about the last rent, and tells me that he will give us back the deposit if we pay the last month, what should I do?

    I am a bit lost on this. It was really unexpected to have this kind of issues with him as until now, we had a good/easy relationship

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