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Landlord not returning deposit

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  1. #11

    Join Date
    May 2014
    Location
    Hong Kong
    Posts
    350

    OP, you have a good case of winning at SCT as long as you have the TA, the WhatsApp logs, the realtor plus the related paperwork, the LL’s ID and address of work/residence. The application fee at SCT is super affordable and the procedure is very straight forward.


  2. #12

    Join Date
    Jul 2020
    Posts
    4

    Thanks all for the input. Just to update, I have threatened the landlord with submitting a claim to the SCT and the agent with lodging a complaint at the EAA. No reply as yet, but I'll update the progress.

    It's a shame, the agent was great up until now and I had recommended him to colleagues who also rated him highly. The problem is of course the company I rent from, but I feel it is the agent's responsibility to deal with issues like this, especially when I dealt with him to return the keys and lodge the paperwork. It's safe to say I won't be recommending him any more.

    I think the problem stemmed from me initiating the break clause in the contract and giving 30-days written notice to move out. Of course, not paying the last 2 months's rent is sensible (although I always want to leave on good terms), however it was not possible when I myself didn't plan on moving out so soon. I could have withheld the keys of course, but I had (misplaced) trust in the agent.

    Needless to say, I'm not going to "just let it go". If it costs me more in legal fees than the 2 months' deposit then I will still pursue it. Maybe it's idealistic, but unscrupulous landlords need to understand that renting to a non-resident does not mean that they can keep the deposit because there is a chance that if this person leaves the country, they can't pursue it.

    chuckster007 likes this.

  3. #13

    Join Date
    Jul 2020
    Posts
    6

    It might not be the smartest move but I would go into their office and physically and legally threaten them with emphasis on physical.


  4. #14

    Join Date
    Jul 2020
    Posts
    6

    I like your style friend.


  5. #15

    Join Date
    Mar 2010
    Posts
    237

    Getting a small claims judgement is the easy part. Enforcing it is another matter.

    chuckster007 likes this.

  6. #16

    Join Date
    Feb 2014
    Posts
    692

    First I would physically go visit the agent and tell him/her to get their act together. If that fails then get the landlords address and physically go visit them. Small claims is the last resort I would use.


  7. #17

    Join Date
    Oct 2010
    Posts
    48

    Just go down to the Small Claims Court and start the process, that in itself will help motivate them to pay when they receive the letter from the court, they won't want to go through the hassle of compiling all of the communication records etc and attending court. File it now though and don't wait as there are long delays due to covid (filing is very easy and inexpensive). I recently filed two claims in January, I didn't think I could win one of them to be honest, even though I was in the right. In the end the defendants in both cases didn't even show up and I won both automatically, both didn't pay so I had to send the bailiff to claim the property of one and they then paid up, the other had gone out of business since I filed the claim so I couldn't send the bailiff to them (which was also a very easy process), I would strongly recommend going along with the bailiff if you get to this stage as I had to point out some expensive items that the bailiff missed and also give him further instruction. In all the process took 6 months until I got paid but there were several cancelled court appearances due to covid. All in all it was well worth it as the award was at the upper end of what the SCT handles, I wouldn't hesitate to do the same again even for smaller amounts, additionally the there were no legal fees involved apart from filing which was only a couple of hundred HKD.

    Last edited by yangnaifen; 14-07-2020 at 02:13 PM.
    chuckster007 likes this.

  8. #18

    Join Date
    Feb 2005
    Location
    Island East
    Posts
    4,944
    Quote Originally Posted by DarrenChan:
    Getting a small claims judgement is the easy part. Enforcing it is another matter.
    Yes, Small claims judgement means dick if the other person has no interest in paying. a mate of mine went through it to get paid his salary as he was a construction worker, he won but got sweet FA. edit: I think he went through it another time and somehow managed to get paid but it took a LOOOOOOONG time.

  9. #19

    Join Date
    Oct 2010
    Posts
    48

    depends if they have goods that can be seized or not, the defendant in my case told the bailiff and myself there was no way I would get my money, but when faced with the reality of having to go out and replace everything in their business (even if those items wouldn't cover the amount of the claim at auction) he wa surprisingly eager to pay. You would be amazed how little some pretty nice items go for at these auctions, to be honest I would have been ok with him not paying and having the opportunity to buy some nice equipment, art, electricals etc for peanuts at the auction

    chuckster007 likes this.

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