Okay for Tenant not to pay last 2 months’ rent?

[riversidejr]

I cannot really give any well founded legal advise, but reading the OP's post, I am wondering about the following: Why the heck does the landlord know where you work? And why would you care if the landlord tells "everyone in the building" that you have not paid rent - and for that matter why would anybody who is told about this give a damn?
I am also not sure about the building security arrangements and what are your relations towards them vs, the owners, but I would inform the reception staff that you don't want the landlord to enter without your explicit consent.
If they manage to enter anyhow and bang on the door as you experienced, immediately call the police again or if feasible, just ignore it - maybe some neighbour who is annoyed will take care of it. If you know 'someone' who could be atr your unit and tell them in a friendly way to get lost, that might also be an option.
Overall, from own experience, if you have a toxic landlord, move on, there is little to gain from fighting back - it just eats up too much of your energy.

[PLamHK]

I cannot really give any well founded legal advise, but reading the OP's post, I am wondering about the following: Why the heck does the landlord know where you work? And why would you care if the landlord tells "everyone in the building" that you have not paid rent - and for that matter why would anybody who is told about this give a damn?
I am also not sure about the building security arrangements and what are your relations towards them vs, the owners, but I would inform the reception staff that you don't want the landlord to enter without your explicit consent.
If they manage to enter anyhow and bang on the door as you experienced, immediately call the police again or if feasible, just ignore it - maybe some neighbour who is annoyed will take care of it. If you know 'someone' who could be atr your unit and tell them in a friendly way to get lost, that might also be an option.
Overall, from own experience, if you have a toxic landlord, move on, there is little to gain from fighting back - it just eats up too much of your energy.

Well it is rather common that landlords ask for proof of employment when agreeing to a tenancy.

And property owners will have a right of entry to the building (they have shared ownership of the common areas as well as ownership of the flat).

The tenant has the right to quiet enjoyment of the apartment under the tenancy agreement, but only if they abide by its terms (which failure to pay rent is not). But if they keep hammering on the door then calling the police repeatedly may have some effect.

So as said, once the relationship with the landlord has degenerated to the point of no return it's best just towork out the best combination of quick/easy/cheap exit and move on.

[Beanieskis]

The behaviour of the landlord suggests that they were planning to keep your deposit. I would go to the police and make a complaint for harassment. Include details about the unsafe living environment and the landlord's refusal to fix the issue. You may be in breach of contract, but the landlord is too. The police were very sympathetic when I went with my helper to report harassment by money lenders - i.e. despite it being a "civil" matter, harassment is still not allowed.

[WineLuver]

I would go to the police and make a complaint for harassment. Include details about the unsafe living environment and the landlord's refusal to fix the issue.

i would exclude not include about refusal to fix to police. Clearly a civil matter which police doesn’t care about.

my tenant initially complained about water seepage issue—hired a contractor that provided 2 year warranty. After 6 months tenant stopped paying (financial issue), never told me issue was not fixed. In Lands Tribunal he complaimed about water seepage and used as grounds not to pay tent (i mean… if he doesn’t tell me it’s recurring after fixing, how can I know?). The court didn’t hear my part of the defense, but brought precedent case that shows “undone repair work, even if contractually requires landlord to repair, cannot be used as justification to not pay rent”

it’s unfair if landlord abuses it. But it is what it is in the eyes of the court.

[ArrynField]

Despite being in arrears, the tenant retains their right to “quiet enjoyment” unless the landlord has legally terminated the tenancy and taken steps to regain possession of the property. It's important for both parties to follow the legal process to avoid potential disputes.


https://clic.org.hk/en/topics/landlo...npaymentOfRent


https://www.clic.org.hk/en/topics/la...reToPayRent/q2


https://familyclic.hk/en/topics/prop...-the-property/

[Zelensky2]

Help! Our landlord is the worst.

The unit was sold to a new landlord six months ago. She refused to fix walls with water damage and mold.

We have a young child and I expressed my concern about the health risks. She still refused to fix it.

We gave our notice to quit (tenancy is now month to month) and have not paid last month of rent (she has two months of deposit that she previously threatened to withhold).

So:
- landlord has two months worth of deposit
- notice to quit was give and we will vacate the unit by May 31
- rent for May has not been paid

She has now accosted me in our building lobby with her mom, told me that she will call my work and tell everyone in our building we have not paid rent.

I told her that is harassment and that she has two months worth of deposit. If she wants the rent for May, to go through legal channel.

She then said she will come everyday to ask for the rent. I said I am in the office during the day and asked her if she will do this when she is aware that my husband and I are at work and only our child and helper is at home, she said yes.

Again, I told her this is harassment and go through legal channels if she wants the rent.

She and her mom then proceeded to follow me to the unit, kept banging on the door and yelling at the top of her lungs "pay rent, paybrent!" until the police came.

I called the police and told them I am afraid for the safety of my child. Police took our statements and advised that this is a civil disagreement and concluded that no crime has been committed. But at least it made the landlord and her mom finallybleave.

But they (landlord and her mom), threatened they will do this everyday.

What can I do? My biggest concern is they will bang on the door and shout at the top of their lungs and scare my child when it's only him and our helper at home, which she has said she will do.

It's only May 7. We already have a new apartment secured and I am trying to get the keys sooner.

In the meantime, any advice???

I very strongly agree with riverside.

1) Definitely don't pay May's rent.

2) Who cares if your landlord bangs on your door? (see answer below) Tell your kid that someone is going to bang on your door each day for a few days, that they have some mental problems (entirely true) but it will stop soon, just ignore it.

3) Get your helper to record (video - for sound, and images when the police show up) every time it happens. And Everytime it happens call the cops IMMEDIATELY. And show them all the prior video sets each time.

4) DO tell the cops about the landlord not fixing the problems with damp etc and the health risks. Winelurver is wrong that the police don't 'care'. It is a commercial matter not a criminal matter (landlord not fixing) but the police are routinely used by petty chinese people to attempt to enforce petty disputes and often the police will get involved even though they have no actual legal power (many of them get a kick out of being on a power trip) and they do have a responsibilty to prevent harrassment.

God I could tell you some stories about the petty shit local Chinese have called the police on me for, and some of the jackboot tactics they attempt. (I'm a contractor so the nature of my work involves the entirely legal disruption of peoples 'quiet enjoyment' sometimes.)

The only slight downside is if you're not Chinese (which I assume you're not). But a helper and a kid will get better treatment than a helper alone. FYI I have also used the police to intimidate people who haven't paid me what they owe - Just remember, the police cannot make you pay, and in your situation will not attempt to do so.

So back to Who cares?
1) Your neighbours - Often they will call the cops before you do. But other than that you're unlikely to know they exist.
2) the building management (a bit) because they shit their pants if people complain about the noise.
3) The police - Because THEY HAVE TO COME IF YOU CALL THEM - So make them earn their corn. Don't describe it as a commercial disagreement when you call 911, say only that you're being harassed, threatened and abused by your landlord.. When they turn up, you can give them the background, and you should explain your legit reasons for witholding rent.

Finally, your landlord is a shyster, she says she'll come everyday, but they'll soon get sick of having the cops called on them, and the more they do it, the stronger and stronger becomes the chance of arrest for harassment.

Stick to your guns, ride it out. And in a few short weeks you can leave the shitty apartment without also getting ripped off of your deposit.