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  • 2 Post By Sage
  • 2 Post By madal1
  • 1 Post By aw451
  • 3 Post By bdw

Breaking Lease Early

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  1. #1

    Breaking Lease Early

    I have four months left in my lease, but have to leave Hong Kong due to personal reasons.
    I informed my landlord around a month ago.
    He asked me to pay 3 months' rent in advance and if he finds a new tenant then he would return the difference in rent.

    I agreed and looked for a new tenant as well, but later found that (1) he posted the apartment for sale not rental and (2) when I introduced tenants who were interested, he upped the asking price by 3k.

    I asked if I could sublet and they rejected.
    I asked if I could offer 2 months' rent (so forfeiting my deposit) and they rejected.

    I am afraid to sign the surrender agreement, because it asks for 3 months rent in advance and I have no confidence they will return my deposit - meaning they get 5 months.

    I really wanted to leave on good terms with a surrender agreement in place, but I feel like I have no choice but to break the lease. I would appreciate any tips on this situation.


  2. #2

    Join Date
    Sep 2018
    Location
    Hong Kong SAR China
    Posts
    2,029

    Are you planning on returning to live in HK? If not, you can quietly move out, leave your deposit for the landlord and make no further payments

    hike likes this.

  3. #3

    Join Date
    May 2011
    Posts
    179

    Your LL sounds like he’s not on the level with you. Asking for 3 months rent then listing his apartment for sale, and de facto rejecting potential tenants by upping the price in a shitty rental market…

    if you’re leaving anyway, why do you care whether you leave on good terms or not? Your LL sounds like a jerk.

    aw451 and Elegiaque like this.

  4. #4

    Join Date
    Jul 2006
    Posts
    3,889
    Quote Originally Posted by rentalissue:
    I have four months left in my lease, but have to leave Hong Kong due to personal reasons.
    I informed my landlord around a month ago.
    He asked me to pay 3 months' rent in advance and if he finds a new tenant then he would return the difference in rent.

    I agreed and looked for a new tenant as well, but later found that (1) he posted the apartment for sale not rental and (2) when I introduced tenants who were interested, he upped the asking price by 3k.

    I asked if I could sublet and they rejected.
    I asked if I could offer 2 months' rent (so forfeiting my deposit) and they rejected.

    I am afraid to sign the surrender agreement, because it asks for 3 months rent in advance and I have no confidence they will return my deposit - meaning they get 5 months.

    I really wanted to leave on good terms with a surrender agreement in place, but I feel like I have no choice but to break the lease. I would appreciate any tips on this situation.
    You're missing a few details in your post but you already know what to do:

    1) Don't pay any more money
    2) Continue living there until your deposit is burned up - 2 months?
    3) Fowarding address? What forwarding address?
    4) Sayonnara HK!

    FYI it will take about 6 months to legally evict you.
    aw451 and hike like this.

  5. #5

    Deleted

    Last edited by rentalissue; 26-08-2021 at 07:37 PM. Reason: posted twice

  6. #6
    Quote Originally Posted by aw451:
    Are you planning on returning to live in HK? If not, you can quietly move out, leave your deposit for the landlord and make no further payments
    Thanks - I have no plans to return to HK to live here in the next few years, but just nervous because I am breaking the contract and I am worried that landlord could take legal action/try to freeze my assets in Hong Kong.

  7. #7

    Join Date
    Feb 2009
    Posts
    7,624

    You tried your best to do the right thing and landlord screwed you. Dont pay any more rent now, stay in it until you have to leave HK, bugger off and leave the key in the mailbox on your way out.

    Sage, hike and blandy62 like this.

  8. #8

    Join Date
    Apr 2012
    Location
    Hong Kong
    Posts
    2,179

    dont pay the rent, LL can not do anything.


  9. #9

    Your landlord is being on the up and level.
    He already has 2 months rental deposit from you and you have 2 months left.

    You are being honest with him and he's trying to screw you.

    You could just pack your bags and just leave and just kiss the deposit good bye. Give the key to someone else to hand back to him, but make sure you take video of everything in case he accuses you off damage.

    What can he do ? He doesn't even know how to chase you ? Tell him you are going to do aid work in Africa. Just make sure you change all your mail and redirect all your mail.