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

[dinosaurs88]

Outside the main apartment unit. To be more specific in the staircase public area. Most people don't even use the staircase since we have a lift but it was still wrong from my side.

How old are you ? What planet are you on ? Don't you realise that in a fire, the lifts stop, and people have to use the fire escape ???? absolutely unbelievable.

You blocked the exits and risk everyone's life including your own.
You want the landlord to be reasonable to you yet you wasted the owner and the management company's time ?

Try to be a responsible adult , do the right thing, move out. Start fresh. Be responsible They will get you out eventually. Remember they have all the photos and footage. If you don't move out, you risk being made famous in some tabloid and no one would rent to you ever again. If you need more time to move out, then ask.



It is called Karma.

[bdw]

You seem to misunderstand what the BREAK CLAUSE is. The break clause NOT APPLICABLE means landlord cannot kick you out, and also you are not allowed to leave. So in your current situation it actually works in your favour more than your landlords.

Most typical contracts are for 2 years, with break clause after 1 year. It means you can leave or landlord can kick you out after 1 year. But if you sign for 2 years, with break clause not applicable, then you are locked in for 2 years, you cannot leave and they cannot kick you out.

Of course if you are being a dickhead and break other parts of the contract, not a good neighbour and putting the lives of others at risk, then landlord can take action to have you removed. But they cannot just say "Hey get out in 10 days". They will need to go through a legal process to get you out, and it sure as hell is not 10 days.

[Henrykk]

You seem to misunderstand what the BREAK CLAUSE is. The break clause NOT APPLICABLE means landlord cannot kick you out, and also you are not allowed to leave. So in your current situation it actually works in your favour more than your landlords.

Most typical contracts are for 2 years, with break clause after 1 year. It means you can leave or landlord can kick you out after 1 year. But if you sign for 2 years, with break clause not applicable, then you are locked in for 2 years, you cannot leave and they cannot kick you out.

Thank you very much for clarifying! This is very helpful.

Of course if you are being a dickhead and break other parts of the contract, not a good neighbour and putting the lives of others at risk, then landlord can take action to have you removed. But they cannot just say "Hey get out in 10 days". They will need to go through a legal process to get you out, and it sure as hell is not 10 days.

She has the CCTV footage and pictures on her phone as evidence that I repeatedly broke the rules. Needless to say I won't endanger the lives of others by piling up furniture parts in the staircase ever again and be a "good tenant" again. How high are the chances that she can remove me legally and what would be the consequences for me in the case that she choose to take legal action to get me out? Besides the fact that I would have to leave, she mentioned that I would have to pay for the legal costs. Is that true?

Thank you very much for sharing your knowledge!

[bdw]

I have this feeling that if you just left in 10 days as she is asking, you would not get any of your deposit back. So you lose. If she takes legal action, you will probably lose as well but at least make her work for it and it will give you a lot more than 10 days. Not sure about the legal costs, but you can stop paying rent now and keep living in the apartment while she takes the legal action which will take some months, so whatever costs there are of the legal action can be recouped in some way by your squatting.

But this is a last resort. I would still try to seek some amicable solution without legal action. I think the best option now is to apologise very nicely, tell her you wont do it again, you realise your mistake, blah blah blah, and become a good tenant. I think its in her interest to give you one last chance.

If she really doesn't budge and wants you out, just tell her OK but it has to be done the right way, the contract doesnt have a break clause so it must be done through the legal process, politely inform her the action will take months and not 10 days, and you will be withholding any rental payments during this dispute period pending the results of the legal action. But really do your best to avoid this.

[VillanElle]

Eviction order needs to go though court.

Why are you talking about judges and courts?

[Henrykk]

I have this feeling that if you just left in 10 days as she is asking, you would not get any of your deposit back. So you lose. If she takes legal action, you will probably lose as well but at least make her work for it and it will give you a lot more than 10 days. Not sure about the legal costs, but you can stop paying rent now and keep living in the apartment while she takes the legal action which will take some months, so whatever costs there are of the legal action can be recouped in some way by your squatting.

But this is a last resort. I would still try to seek some amicable solution without legal action. I think the best option now is to apologise very nicely, tell her you wont do it again, you realise your mistake, blah blah blah, and become a good tenant. I think its in her interest to give you one last chance.

If she really doesn't budge and wants you out, just tell her OK but it has to be done the right way, the contract doesnt have a break clause so it must be done through the legal process, politely inform her the action will take months and not 10 days, and you will be withholding any rental payments during this dispute period pending the results of the legal action. But really do your best to avoid this.

Yes I really hope that we can come to an amicable agreement. I really don't like the thought to live in the apartment and stop paying for rent so that I won't "lose" my deposit.

Your advice is very helpful for getting a better perspective of the current situation and the possible outcomes. Can't thank you enough!!

[VillanElle]

If she wants him out, she will return the deposit minus a sum of whatever not constituting “wear and tear”. It doesn’t work in her favour to end up at Small Claims (I imagine that deposit is below HK$70-80K, forgot the exact ceiling amount )

I have this feeling that if you just left in 10 days as she is asking, you would not get any of your deposit back. .

[bdw]

If she wants him out, she will return the deposit minus a sum of whatever not constituting “wear and tear”. It doesn’t work in her favour to end up at Small Claims (I imagine that deposit is below HK$70-80K, forgot the exact ceiling amount )

This is legally correct. However, just my feeling, if the tenant has annoyed the landlord, and anyway the landlord is already making silly requests like "leave in 10 days" which is just not the right way to solve the dispute, then most likely they would not just give the deposit back that easily.

[Henrykk]

There’s no jail time involved. One thing less to worry. The judge may held her accountable instead.

Can you please elaborate? Do you mean that the judge may held my agent or me accountable?

[Henrykk]

This is legally correct. However, just my feeling, if the tenant has annoyed the landlord, and anyway the landlord is already making silly requests like "leave in 10 days" which is just not the right way to solve the dispute, then most likely they would not just give the deposit back that easily.

I agree with bdw. I think she would do anything to deduct more from my deposit, simply because she will probably "lose" some money when she is searching for a new tenant.
I know that in HK they could tell a company to increase the costs of certain bills and share the money.
So in my specific case, they could claim the disposal of my table base cost HK$XX amount.