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

mgoisai · 24-04-2025, 09:12 AM

Is not paying the last 2 months rent common practice for Hong Kong tenants? Especially if there is a concern of not getting deposit back from unreasonable greedy Landlord.

I need to leave Hong Kong soon. I’m considering not paying the last 2 months rent and handing back the keys to the apartment to the Landlord in good condition a few weeks before the fixed tenancy period ends. As the Landlord wouldn’t be financially worse off (2 months deposit will cover last 2 months rent, and I plan to hand back flat before the 2 months is up) is this normally acceptable to HK Landlords so as not to sue the Tenant for rental arrears?

What can the Landlord do if they notice the rent suddenly not being paid apart from Small Claims that can take 2-3(?) months? The Landlord won’t have my new address, especially as I am leaving Hong Kong (I think you need to have an address to successfully sue for Small Claims anyway). Can the Landlord successfully sue if the Tenant isn’t in Hong Kong anymore and only has my ID card number or copy? And can the Landlord do things like request the estate management to stop access for entry before I have moved out or handed back the keys, or will the Landlord need to go through the courts first to do anything like this, which may take months? If the Landlord is wealthy enough (and greedy), is there a way to successfully sue the Tenant faster or more effectively than by Small Claims? Or take any other action to basically make life difficult for the Tenant?

Also, when handing back the apartment, does the Landlord or Tenant need to sign anything? e.g. to confirm the keys and apartment has been returned?
I’m just thinking in case things become difficult with trying to discuss or agree anything with the Landlord (i.e. Landlord tries to “find” problems with condition of apartment to say I owe him more money), will I be able to get away with moving out of the apartment (making sure I take photos and videos of the apartment condition) and sending the keys back to the Landlord by registered post?

I don’t know when I will return to Hong Kong, but I also don’t want to return one day with a criminal record or with unpaid debt in case I get sued after I have left Hong Kong.

I hope I’m just overthinking it and just worrying too much hoping that things will go as smooth as possible and Landlord will just be concerned about getting his apartment back in good enough condition as soon as possible and not want to spend energy or time on going through any law suits. (Getting ready to leave Hong Kong can be stressful enough!). I hope that tenants not paying the last 2 months rent is common enough practice in Hong Kong and Landlords just want to ensure they don’t make a financial loss and just want to get the keys to their property back in good enough condition as soon as possible.

I’ve always paid rent on time and kept the apartment in good condition and plan on cleaning it up (as I always do) before moving out of the rented property. I’m very nervous just thinking about not paying last 2 months rent because I’m not sure what immediate and future consequences this might lead to when I return to Hong Kong years later.

P.S. In case you’re wondering why I signed a rental contract with a Landlord that may not be reasonable…the apartment was sold with the tenancy contract half way through the lease, so the current Landlord isn’t the one I originally signed up with. I’m guessing many tenants may not know that you can suddenly get a new Landlord one day without your consent. Agents probably keep this quiet too. So there are times when there’s only so much you can do as a Tenant to pick and choose what kind of Landlord you’ll end up having to deal with!

(Apologies for long post! Am tired with lack of sleep from worries!😟)

bdw · 24-04-2025, 10:29 AM

Generally you should keep paying rent until the end, then get your deposit back on the day you move out. Some people will hold off paying the last 2 months rent in lieu of deposit, but this is not really the correct procedure. Its something you do if you already have a bad relationship with your landlord, they have been unreasonable to you in the past, you think they will try to screw you and not give your deposit back.

Yes there are some arsehole landlords like this, but most are not, and dont automatically become an arsehole yourself and hold off paying rent just because you think that your landlord might be an arsehole. Really only do this if you are certain your landlord is a 100% arsehole.

FrancisX · 24-04-2025, 10:47 AM

Answer: Yes.

Don't worry about it.

mgoisai · 24-04-2025, 10:59 AM

Agree! If the Landlord is nice or reasonable, then I wouldn’t think of not paying last 2 months rent.

I’ve paid rent on time on all previous tenancy contracts till the end. Deposit returned no problem each time because I always return apartment in good and cleaned condition. However, have good reason to believe current Landlord is different. Hence, the big concerns.

Questions remain about what Landlord can do about it and what short and long term (if returning to HK years later) consequences there are for Tenants who take this option of not paying last 2 months rent.

If Landlord unfairly holds the deposit and Tenant is leaving Hong Kong soon after move out, then Tenant is unfairly losing deposit which for many, like me in my situation, is A LOT to lose! The Tenant has no way of getting deposit back from greedy unreasonable Landlord.

So feel no choice but to consider not paying last 2 months rent but moving out and handing back the keys before the 2 months is even up.

Zelensky2 · 24-04-2025, 11:05 AM

I agree with BDW but only 30% @mgoisai.

If your landlord is 30% arsehole, just stop paying rent. There is literally nothing they can do in a 2 month window. It's a commercial matter only to owe rent. It's a criminal matter to attempt to intimidate, gain entry or cause nuisance to your enjoyment of the property. The law is on YOUR side in this case. The management company will not have the slightest interest in getting involved and if for sosme bisarre reason they stick their nose in, tell em to fuck off (impolitely).

Make sure
1) The landlord is not out of pocket - Your deposit covers the entire period you remain in the flat
2) That you fix any damage you've done to the apartment, or if it can't be fixed adequately that you stump up the cash for replacement.

If you need a contractor to get any repair work done, that's me, so send me a PM if that might be needed.

Note on 'fair wear and tear'. It's generally accepted practice in HK that you are responsible for repairing the damage done to walls by hanging pictures etc - That's the most common work I do when managing a flat handover - I can also act as a representative for managing the key handover if you want to avoid having to look them in the eye. ;-)

mgoisai · 24-04-2025, 11:12 AM

Hi Zelensky2,

Thanks for reply.

Good to know.

In terms of your fair wear and tear comment, it’s written in my contract we’re allowed to hang pictures but just need to patch up holes when hand back apartment with no need to paint the walls. But in the end, I decided not to hang any pictures anyway, so there are no holes in the walls.

Zelensky2 · 24-04-2025, 11:13 AM

Originally Posted by Zelensky2:

I agree with BDW but only 30% @mgoisai.

If your landlord is 30% arsehole, just stop paying rent. There is literally nothing they can do in a 2 month window. It's a commercial matter only to owe rent. It's a criminal matter to attempt to intimidate, gain entry or cause nuisance to your enjoyment of the property. The law is on YOUR side in this case. The management company will not have the slightest interest in getting involved and if for sosme bisarre reason they stick their nose in, tell em to fuck off (impolitely).

Make sure
1) The landlord is not out of pocket - Your deposit covers the entire period you remain in the flat
2) That you fix any damage you've done to the apartment, or if it can't be fixed adequately that you stump up the cash for replacement.

If you need a contractor to get any repair work done, that's me, so send me a PM if that might be needed.

Note on 'fair wear and tear'. It's generally accepted practice in HK that you are responsible for repairing the damage done to walls by hanging pictures etc - That's the most common work I do when managing a flat handover - I can also act as a representative for managing the key handover if you want to avoid having to look them in the eye. ;-)

For further clarification, once you've moved out, the only recourse the landlord has is court action for financial loss. So if you leave them with no financial loss, not only is there no incentive to pursue you, but there is zero to pursue you for.

So you can rest easy.

Personally what I would do is give them 2 Months full notice, telling them that you're giving them extra notice in order to allow them lots of time to find a new tennant. And also tell them that you won't be paying any more rent and will be employing a professional contractor to ensure any wear and tear is taken care of prior to you exiting.

You're happy to supply them with current photos and video to promote the flat, but you wont allow any access to the property from this point until you handover the keys.

bdw · 24-04-2025, 11:18 AM

Originally Posted by Zelensky2:

I agree with BDW but only 30% @mgoisai.

If your landlord is 30% arsehole, just stop paying rent. There is literally nothing they can do in a 2 month window. It's a commercial matter only to owe rent. It's a criminal matter to attempt to intimidate, gain entry or cause nuisance to your enjoyment of the property. The law is on YOUR side in this case. The management company will not have the slightest interest in getting involved and if for sosme bisarre reason they stick their nose in, tell em to fuck off (impolitely).

Make sure
1) The landlord is not out of pocket - Your deposit covers the entire period you remain in the flat
2) That you fix any damage you've done to the apartment, or if it can't be fixed adequately that you stump up the cash for replacement.

If you need a contractor to get any repair work done, that's me, so send me a PM if that might be needed.

Note on 'fair wear and tear'. It's generally accepted practice in HK that you are responsible for repairing the damage done to walls by hanging pictures etc - That's the most common work I do when managing a flat handover - I can also act as a representative for managing the key handover if you want to avoid having to look them in the eye. ;-)

OK I have an open mind on this. The % of arseholeness of HK landlords might be difficult ascertain, but I accept if you have reasons to suspect your LL is not going to give deposit back, then withholding the last few months rent is a fairly common enough practice, so go ahead without too much guilt and no need to overthink this.

Zelensky2 · 24-04-2025, 11:45 AM

Originally Posted by mgoisai:

Hi Zelensky2,

Thanks for reply.

Good to know.

In terms of your fair wear and tear comment, it’s written in my contract we’re allowed to hang pictures but just need to patch up holes when hand back apartment with no need to paint the walls. But in the end, I decided not to hang any pictures anyway, so there are no holes in the walls.

Holes is the walls is only 1 type of potential damage. If you're going to offset rent against deposit you need to ensure ALL damage is taken care of before you move out, not just the crap that suits your argument.