Tenant Eviction because of Piling Up Furnitures in the Corridor (Public Area)?

[LifeInHK]

Older buildings are on "mixed" lease, where it is legal to use the same "flat" or "shop" for BOTH commercial and residential. If this building is in the Hong Kong Island side, from Central to Kennedy Town, then yes, many landlords in the Western district have legally subdivided their buildings by doing the full paperwork of submitting plans , hiring engineers, etc.

The government stopped approving these since 2018; but the older ones before 2017 that were already approved can still be in use.

You're in a subdivided property in a commercial building, yet you have a stamped residential tenancy?

[Henrykk]

I made a big mistake when I signed the contract and "agreed" with the break clause in point 4. Any possibility to avoid this?

https://drive.google.com/file/d/1-JF...ew?usp=sharing

https://drive.google.com/file/d/1AgQ...ew?usp=sharing

https://drive.google.com/file/d/1rnA...ew?usp=sharing

[HK_Katherine]

Whoever it is that is trying to stop things being piled up in corridors is clearly trying to do the right thing, I would not call this a "slum landlord" or feel sorry for the tenant. These are fire hazards and should be moved asap. If the OP has only been there 6 months and pays on time, his furniture is clearly a big issue because in these times most landlords would not get rid of a paying tenant without good reason.

[hullexile]

I just wondered if the OP has got the message yet that their reckless and selfish behaviour could lead to deaths? We all make mistakes but hopefully we learn. The OP's repeated behaviour implies they haven't learned.

[Henrykk]

It seems as if I cannot post pictures of my tenancy agreement, so I will just state the relevant paragraphs:

1. The Tenant shall comply with all ordinances, regulations and rules of Hong Kong and shall observe and perform the covenants, terms and conditions of the Deed of Mutual Covenant and Sub-Deed of Mutual Covenant (if any) relating to the Premises. The Tenant shall not contravene any negative or restrictive covenants contained in the Government Lease(s) under which the Premises are held from the Government.



2. Break Clause - NOT APPLICABLE

Both parties of this Agreement shall have the right to terminate this Agreement on or after the N/A months of the terms by giving to the other party of this Agreement one month's written notice of its intention to do so. (The tenant must complete above tenancy of N/A months. Any advice termination before the fixed __Twelve months should be compensated by the tenant to the total remaining sum of the rent to the Landlord and vice versa.)

I was so dumb that I signed the second paragraph.

Is there a way to stay or do I really have to move out in 10 days?

Thank you again for all your comments!

P.S.: I do agree with everyone that have criticized my wrong behavior. Back then I felt treated unfairly since other tenants are doing similar things but now looking back, I realized that I have been putting everyone in danger.

[gch555]

If the number '10 days' isn't in the contract I don't see how that could be binding. Anyway, I'd disregard and wait for a court order, don't pay rent until your deposit is exhausted then just leave. Landlord seems to see you as a problem tenant and wants you gone. Do everyone a favour, including yourself, and find somewhere else to live. Follow the rules, form a good relationship with your landlord and life is so much more peaceful.

Just because others were leaving stuff in the corridor doesn't make it OK for you to do it. At least now you'll know for the future.

[MABinPengChau]

I think even if you violate a provision of the lease, they must go through a legal eviction process. Others can chime in if I am wrong about this. Maybe you could say you won't do it again, you want to stay, you are sorry about the past violations, etc.

[LifeInHK]

>>Whoever it is that is trying to stop things being piled up in corridors is clearly trying to do the right thing

I would put money on this "whoever" having received notice from the Fire Department via the building management company, where by if they didnot clear out the fire escape stairs by DD Month YEAR; then their unit/land title get an injunction order.... making that unit useless.
Since that fire in the storage unit few years back, banks will immediately call back the mortgage on any property with Fire Department orders.

Whoever it is that is trying to stop things being piled up in corridors is clearly trying to do the right thing, I would not call this a "slum landlord" or feel sorry for the tenant. These are fire hazards and should be moved asap. If the OP has only been there 6 months and pays on time, his furniture is clearly a big issue because in these times most landlords would not get rid of a paying tenant without good reason.

[FrancisX]

If the number '10 days' isn't in the contract I don't see how that could be binding. Anyway, I'd disregard and wait for a court order, don't pay rent until your deposit is exhausted then just leave. Landlord seems to see you as a problem tenant and wants you gone. Do everyone a favour, including yourself, and find somewhere else to live. Follow the rules, form a good relationship with your landlord and life is so much more peaceful.

Just because others were leaving stuff in the corridor doesn't make it OK for you to do it. At least now you'll know for the future.

Agree with this.
OP - stop being a dick and a bad neighbour/tenant. It sounds from your post that you are quite young, so learn from this and don't be so selfish in the future.
Legally, I would expect that you don't need to do a thing and for sure do not have to leave in 10 days. However, might be best to compromise and agree with the agent/landlord that you will leave within a reasonable timeline (a month?).

[Henrykk]

Yes I had the chance to reflect my behavior and it was not acceptable, especially after I realized that in case of a fire scenario I would have put everybody in danger.


I am not sure if you saw my tenancy agreement but the “Break Clause” is NOT APPLICABLE, and it seems as if she can kick me out anytime. That was another mistake of mine that I agreed on this:


”Break Clause - NOT APPLICABLE


Both parties of this Agreement shall have the right to terminate this Agreement on or after the N/A months of the terms by giving to the other party of this Agreement one month's written notice of its intention to do so. (The tenant must complete above tenancy of N/A months. Any advice termination before the fixed __Twelve months should be compensated by the tenant to the total remaining sum of the rent to the Landlord and vice versa.)”


To my understanding she can kick me out anytime she wants or am I wrong?


QUOTE=FrancisX;3798154]Agree with this.
OP - stop being a dick and a bad neighbour/tenant. It sounds from your post that you are quite young, so learn from this and don't be so selfish in the future.
Legally, I would expect that you don't need to do a thing and for sure do not have to leave in 10 days. However, might be best to compromise and agree with the agent/landlord that you will leave within a reasonable timeline (a month?).[/QUOTE]