Landlord can take the deposit for late payment and sublet rent ?



ORIGINAL POST
Posted by 109plaza 9 yrs ago
I rented an unfurnished 3 bedroom apt for 4 years. The rent is HK$20,000. and deposit is HK$40,000. After I bought ll funiture about HK$80,000., I must stay in China and mosty no use for 2 years. To cover the rent, I started to rent 1 room from 3rd year. And I rented all 3 rooms from 2 months ago to cover the rent.

Last month, the landlord sent me 1st mail for the termination of the agreement and I must move out in 30 days. I replied that I rented 3 rooms from last month so need for extra 2-3 months to move out. The landload knew I rent to others because he signed under name of roomshare for the apt office to issue the security card.

The landload sent me 2nd mail that he can not extend. So I noticed 3 sharemates to move our in 30 days which is the same as my due date.

The landlord sent me 3rd mail that he met with 3 woman sharemates. I terminated the agreement to rent the third party. It is not their fault. So he accept for them to stay longer time. But I must move out on due date. And the landlord suggested me in the mail that I better sell all furniture to 3 sharemates at low price.

It is unfurnished apt. If I move all out, nothing there and realistically 3 sharemates can not live without my furniture, appliances and others even the landlord agree them to stay. I know the landlord do not have any extra furniture for people to live.

I kept the deposit from 3 sharemates. So I send a mail to 3 sharemates that I pay the deposit back 1 day before my due date and I move all out in 1 day of my due date. I sent a mail to the landlord that I move all things out in 1 day on my due date.

The landlord sent me 4th mail that I can not get anymore because I terminated the agreement. If I want to move in or move things out, I need to notice in advance and ageement and stay with all 3 sharemates and the landload. Landlord now recognized 3 roomshares but not me to get in because I suble. Landlord seems to mix together for the right of, landlord, tenet and sharemates It makes me much harder to sell all furniture or move things little by little before due date as I do not need any furniture moving out of HK.

The landload sent me 5th mail that I terminated 2 issue of the agreement, sublet and late payment of this month rent. The landload said in the mail that they confiscate the deposit.

I lived in USA, Japan, China and Europe in past 20 years and never have this kind of problem with landlord. Even the rent is delay, the landlord can deduct from the deposit. And all furniture are belongs to me, so nothing damage insider, just naturally less condition for 4 years rent.

I know that the agreement does not say and . If I have the same case in other countires, I may need to pay the late charge fee for the rent only. But it is impossible that the landlord can not tell me like one day, you can not get and take out my belongs without permission of my sublet tenants, next day, you can not get deposit back.

I can see easily that landload take all my things at free from sublet people after I sell at almost nothing. As I said I move all out in 1 day, landlord now try to take HK$20,000 deposit ( rest of HK$20,000 is the rent of this month ) as a reason of my termination. In Hong Kong, it is normal ? or any other way to stop the landlord who goes too far or free legal service who protect the tenant at a fair judgement ? Please advice me as landlord thinks he makes the law and change the content in each mail.

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COMMENTS
JJChan 9 yrs ago
You need to check your lease but I should imagine it does state that you are not allowed to sub let. If this is the case, as soon as you agreed to sublet you are in breech of your lease and as such your landlord can serve you immediate notice. Your lease should also state that if you are late paying your rent after a certain number of days you are also in breech so your landlord can go to court quick process 7 days or can send in the bailiffs I believe. Not worth not paying your rent and the security deposit is just that so normally it does not entitle you to pay your last months rent from it. Your furniture is yours so you have every right to take it when your lease is up. Normally once the lease is up and if you move out on time and no damage has been done you are entitled to you deposit back but the fact that you are in breech by sub letting does not stand you in good stead so you might want to take legal advice.

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