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Landlord withholding entire deposit

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  1. #11

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    How much is your deposit? Usually I don't pay the last month, so the owner has one month of deposit. This reduces the losses. If the owner has 40,000 of your money, do you really want to pay a lawyer 10,000, to try to get back 20,000? It doesn't make much sense. Try to do a good case for the small claim tribunal because it's free, but don't pay money to try to get back some money.

    Also, the damage seems at the borderline of normal 'wear and tear'. How long did you spend in the flat? If you spent one year, I think it's borderline. If you spent 5 years I have no doubt the landlord needs to return you the money.


  2. #12

    Join Date
    Jul 2019
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    The deposit is 34,000. The information I have thus far is that repairs would definitely cost less than 10,000, even if I assumed all the damage is not wear and tear. I was in the flat for 21 months.

    I have pretty much made up my mind to pursue this without the lawyer's help. Worst case scenario then is that I am stuck in the same position as I am now.

    I'm a single Dad. 34,000 is a lot for me - I can't afford to just suck it up and let it go. Also that would be a bad example to my child of letting someone cheat me.

    Sage, Elegiaque, Morrison and 2 others like this.

  3. #13

    Join Date
    Oct 2005
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    14,414
    Original Post Deleted
    Ironic considering you had a dig at me for apparently “ quitting for when the going got tough “

    Hahahahaha

  4. #14
    Quote Originally Posted by greenmark:
    Bear in mind that small claims court rulings are almost impossible to enforce. Once you win the ruling the landlord can just ignore you.
    If you win, and he doesn't pay, you can put a charge on his property (ask a a lawyer. Also hong kong law society has a list of lawyers offering free first consultation but suggest you gather all your evidence first)
    Drunken Master likes this.

  5. #15
    Quote Originally Posted by njstone9:
    The deposit is 34,000. The information I have thus far is that repairs would definitely cost less than 10,000, even if I assumed all the damage is not wear and tear. I was in the flat for 21 months.

    I have pretty much made up my mind to pursue this without the lawyer's help. Worst case scenario then is that I am stuck in the same position as I am now.

    I'm a single Dad. 34,000 is a lot for me - I can't afford to just suck it up and let it go. Also that would be a bad example to my child of letting someone cheat me.

    The way I see is is the landlord "stealing" from your kids. Go chase after it. Don't employ a lawyer that will just churn money.
    Make sure you be nice to the agent first because you need those photos to show minimum damage. It's wear and tear. You never know if he might create more damage himself.


    File it in small claims since the amount is under $70,000 .

    If you the agent doesn't respond to you with the photos, well I am sure that the flat is put back on the market. It would be a surprising coincidence if you knew someone who just so happens to want to rent to go and visit a whole load of flats, and happen to come across yours, and takes photos.
    Sage likes this.

  6. #16

    Join Date
    Jul 2006
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    3,886
    Quote Originally Posted by dinosaurs88:
    The way I see is is the landlord "stealing" from your kids. Go chase after it. Don't employ a lawyer that will just churn money.
    Make sure you be nice to the agent first because you need those photos to show minimum damage. It's wear and tear. You never know if he might create more damage himself.


    File it in small claims since the amount is under $70,000 .

    If you the agent doesn't respond to you with the photos, well I am sure that the flat is put back on the market. It would be a surprising coincidence if you knew someone who just so happens to want to rent to go and visit a whole load of flats, and happen to come across yours, and takes photos.
    Or even better, the place is subsequently offered for rent without any repairs being made.

    Said friend (and their photos) would make an excellent witness statement for your small claims case.

  7. #17

    You know where your landlord lives. His address is in the tenancy agreement. Write him a detailed letter and demand your money back by (insert date) or further action will be taken.

    Post it by registered mail and then send a copy by whatsapp to to the agent as well. Then both have no excuse of never having been contacted.


  8. #18

    Join Date
    Apr 2003
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    Hong Kong
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    tell everyone you know or will listen that the LL is shitbag including every estate agent in town

    ADD: would NOT bother with the agent, he probably told the LL that the place needs full decoration before it can be let, agents only act for the LL


  9. #19

    Doesn't matter what the agent said. The agent is acting on behalf of the landlord and accepted the flat back with the keys and said nothing. His silence at the time means everything was fine unless he did open his mouth and speak. ..no point telling other estate agents.

    I am both a landlord and a tenant. Yesterday, I went to look at a flat with an agent. He listed on a property website where all agents listed. The picture of "full seaview " which he had shown in his posting turns out to be a speck of sea and a window full of concrete and drainage pipes. When challenged, he said Yes, that is the view from higher floors?" ...after I had spent an hour getting there ! They don't care.


  10. #20

    Join Date
    Oct 2012
    Posts
    6,531

    Why do people speak as if holding the keys has any power?

    HK has, I think, zero regulations when it comes to key making, and it's cheap and easy. I'm pretty sure our agents hold a key to our flat. Or getting locks changed is also a lot cheaper than housing deposits.

    Anyway, good luck to the LL. Hope it gets sorted quickly and fairly in his favor.


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