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Early termination deposit problems

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  1. #21

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    Why are you people so angry?

    Coz the people replying are landlords themselves.
    hike likes this.

  2. #22

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    Quote Originally Posted by troubledwaters:
    I told them I would leave end of year, they are not letting me out early, hence why I'm trying to find a replacement. If I can't then I would basically forfeit the bond and another month's rent. Why are you people so angry? Have you maybe thought about why I would want to leave? Maybe because everyone is working from home and they're being a nuisance by bringing friends over all the time and making noise?

    I can't imagine all this animosity to exist in real life conversations, basically painted like a villain through and through. Technically I could just ditch the place and have no legal obligation, especially since I'm going overseas but I'm staying on to help them find a roommate and also willing to sacrifice the bond if need be, hence why I am here looking for advice and trying to solve this dilemma.
    Ignore the Grinches that steal joy.

    It's easy to be self righteous when confronted with another's issues.

    As if being in the middle of a pandemic and changed life circumstances are completely unheard of.

    As another poster said, it's likely other landlords mostly responding.

    HK landlords are know for their understanding and flexibility so take heart.

    Do the best you can and walk away with the least fuss.
    shri likes this.

  3. #23

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    Whether landlord or not (and i am not a landlord in hk nor anywhere else other than my own apartment in singapore), a contract is a contract. Of course you can argue that you don't have a contract with them then technically they can chase you out of the house immediately and not give you any refund of your bond or whatever you have paid for (since you are trying to argue that you did not promise a contract).

    I know everyone is facing issues now, then the right thing to do is to find a solution for your room mate.. and not accuse them of trying to steal your bond.. and if you can't find a solution for him, then own up and be responsible for what you need to pay for, not just run away thinking that it is not your problem.

    ArrynField likes this.

  4. #24

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    Nov 2019
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    Quote Originally Posted by troubledwaters:
    no such clause, it was more of a gentleman's agreement.
    Very complicated and messy.

    It's not much of a Gentleman's agreement if you just leave.

    Let's hope all the Gentlemen in the agreement honour their part in the contract. There's a high degree of trust involved.

    This shows the importance of having a contract and highlights the pitfalls of sharing with someone that you don't know.

    Your roomate has a lot to loose as his name is on the contract, however there appears to be enough evidence to show you are a silent tenant. If the LL sues your room mate, your room mate could sue you. Alternatively the LL could sue you, as they have proof that you paid half stamp duty.

    It look's like the LL will probably sue someone. Mitigate your loss by negotiating a reduction or find a replacement?

    Your obligation is until the end of the year. You can write to the LL and pay until November and you'll agree to forfeit the deposit in lieu of December rent.

    You can't have your cake and eat it.
    shri likes this.

  5. #25

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    Quote Originally Posted by troubledwaters:
    Hello everyone,

    Would be very grateful if I could get some advice.

    A month ago my roommate moved out and the lease was solely under his name. It was a 1 year fixed and and 1 year flexible contract (although on the contract's break clause it only mentions 1 month notice by either party if they want to terminate). So we found a replacement tenant and the new tenant signed it solely under his name under the same contract but with dates updated, I didn't sign because I was planning to leave HK at the end of the year anyway.

    Now due to various reasons, I want to cut short my stay here. I am giving them one month's notice but problem is landlord and new roommate are saying I have a legal obligation to pay until the end of the year because I verbally agreed and that is legally binding. In addition, the new roommate is saying that it is currently under a fixed contract which requires 2 month's notice. They say if we were to go to court, there is evidence that I agreed, e.g. different people at the signing, and the fact I paid for half a years stamp duty, even though my name is not on any contract. They are also arguing that one month's notice starts from the rental payment date, not just any date. Not sure if that's true because I can't find that in the contract either. For example, if my rental payment date is on the June 30th, and my notice is on July 15th, do I pay 2 weeks rent on July 30th?

    I have been trying to find a tenant to replace me but it has proven to be difficult at this time. Worst case scenario is I can't find a new tenant, what can I do to get my deposit back? Not paying rent won't really work because the landlord would just come to the house.

    Any suggestions would be much appreciated.
    As you said, the best solution was to find a replacement roommate.

    If in case you can't find a replacement and leave with your deposit, will the other roommate be contractually obligated to fork out your part of the deposit and the entire rent until the end of the year as he is the one signed into the contract?

  6. #26

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    May 2012
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    Quote Originally Posted by bdw:
    So you and your new roommate signed a 2 year (1+1) lease
    Looks like the roomate did, he didn't sign anything? His name is nowhere so he couldn't possibly have "signed" surely?

  7. #27

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    Jun 2016
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    To the OP, candid but constructive feedback and a choice of words different from what you would use does not imply anger. Frankly, you got a lot of good advice and clarification on a topic you lack depth and experience in. From a distance, you need to toughen up but learn to make decisions that may not result in max benefit to yourself yet are not detrimental either. At the same time one that recognizes you didn't do your homework before you got into this hot mess. In other words, learn to compromise. There are too many variables in the case to make a black and white judgement.


  8. #28

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    Quote Originally Posted by bak875:
    Why are you people so angry?

    Coz the people replying are landlords themselves.
    I read it as the master tenant’s problem, not the landlord, since he expects the full payment as written in the contract from the party as written in the contract, with no formal reference to the OP.

    The only reason why I jumped in to this complicated situation is the reference to a 1+1 year arrangement being perhaps not the most appropriate stick with which to beat the OP, otherwise I do think the comments have been constructive though sometimes harsh.

    Only the OP will know whether he intended to stay till year end and shared those intentions with the other parties, which were subject to change, or did promise to stay till year end, as represented by paying a share of the stamp duty. Without a written agreement to protect his own end, why come down like a ton of bricks on him. The other parties in this scenario were clearly happy to have a convenient support to the master tenant without having to commit to anything themselves, zilch. Jan 2021 they would have been in the same position anyway. My other misgiving is this claim of 2 months’ notice in an unwritten contract when OP said the original break clause was 1 month. Do we know that these people are on the level? The OP could have moved into a service apartment, but it suited all three sides to have previous arrangements continue but nobody took the trouble to formalise the commitments, so it’s the master tenant who bears the burden of responsibility in my mind.

    Having said that, I do hope OP treats the other parties in this as fairly as he can, especially if he did promise to stay rather than just express an intention to continue till he left and chipped in just to do his part.
    alexdown, bdw and shri like this.

  9. #29

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    Quote Originally Posted by bdw:
    So you and your new roommate signed a 2 year (1+1) lease only 1 month ago (in June 2020). But your roommate used their name on all the documents, you just paid half?

    Firstly, your roommate is maybe an idiot for putting it in their name only and trusting you. They took the risk on you that you would not cheat them. Now one month later, YOU ARE CHEATING THEM!!!

    Sorry, but you should pay rent for another 11 months. You cannot break it in the first year. If you want to leave now, pay your share of the rent for 11 months. This is your obligation.

    If your roommate lets you leave and you ONLY lose your deposit and they don't force you to pay for 11 more months, you are lucky and should thank your roommate for being kind and letting you out early.
    Do the OP dates work out? Assuming the Contract started on 01.06.2020, then the end date would be 30.05.2021.

    If the original OP was intending to stay till 30.12.2020, there is nothing in writing to confirm this. However, OP suggests there's a Gentleman’s agreement to confirm that he can exit on 30.12.2020. There's obviously a miscommunication on the term between OP and roommate/LL.

    This, however, puts the roommate in a precarious position. It's very much a ”he said, roommate said” scenario.

    OP - Thinks it's end of year

    Roommate and LL think it's 30.05.2021

  10. #30

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    Sep 2018
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    i am not a landlord and have never rented in HK but from what i read, this has nothing to do with the Landlord. Why should the landlord give you back your deposit? The contract is for 2 months deposit. Doesn't matter who gave it to him. I don't think he has any obligation to give it back to you as your roommate will still be living there and as you have said, the contract is not in your name. The only thing the landlord should have said to you was to get it from your roommate since at the end of the contract, the security deposit would be given to him at the end of the contract. The landlord should have just said nothing and stayed out of it. Even the 1 month notice or 2 months notice has nothing to do with the landlord unless it is both of you giving notice. The landlord only cares if the rent is paid in full every month as long as your roommate is there,

    I don't think some of the people are upset because they are landlords. I think they are upset as it seems like you are trying to find a way to screw your roommate (putting financial hardship on him). Maybe they have been screwed before by a friend/roommate/stranger and are just venting on you.

    All of the issues you are having is between you and your roommate. Doesn't matter if the landlord knows or not. As far as I can tell no one is breaking the contract with the landlord. No one can tell you how to talk to your roommate as no one knows anything about either of you.

    If your roommate has to leave since you are leaving (because he cannot make up your half on their own) then you should follow the rules set out on the contract. I am not sure about HK but when i have rented before, it was stated in the contract that i would lose the security deposit if i decided to break the ocntract early. I think only 1 month into the contract is pretty early.