Untrustworthy landlord - what would you do?



ORIGINAL POST
Posted by DonnaDE 9 yrs ago
I am 20 months into a 24 month contract and our landlord has just increased the rent by $4,000 - which would really stretch our bank balance as he's wanting us to top up the deposit too.

We have until the end of the month to decide, as this would come into effect in May, so we have until 1st April to make a decision. We are leaving Hong Kong for good at the end of July/start of August, so we have some apprehensions now about getting our deposit back - if he's taking liberites with the contract now, I can't help but distrust his word a bit.

We don't want to move, and have negotiated a lower increase in rent with the landlord, but we are worried that he will make things difficult when we leave. Our apartment is in the same condition as we moved in, except there are some mould stains around the window in the livingroom and the bedroom (which I'm sure were previously there and just painted over as they don't wipe off like other patches that have appeared), so the walls definitely need a repaint, which we are planning to do ourselves before we hand back the keys.

We're tempted to leave the apartment a month earlier than the would have otherwise done so in order to still be in Hong Kong to chase up the deposit if he creates any problems for us. We are worried that if we leave at the end of July, we'll leave Hong Kong without seeing our deposit again and being overseas, not being able to do anything about it.

What would you do in this situation?

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COMMENTS
scorpio01 9 yrs ago
i dont think he can force you to pay

simply deposit the cheques to his account and keep receipts

4 months would easily pass, if i were you ,i wont pay the last 2 months and give notice 2 months in advance.

BTW did you have a 2 year fixed or 1 fixed and 1 optional contract ?

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DonnaDE 9 yrs ago
1 year fixed 1 year optional. I wasn't expecting him to do this though - especially as the year mark had passed.

Isn't it illegal to not pay him though? Couldn't he evict me or cause a scene?

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scorpio01 9 yrs ago
legal or illegal will depends on the contract you signed, but he cant evict you next day, it will take months to evict you.

and just don't pay last 2 months to cover your deposit, give notice to move out when last 2 months are coming.

if you want to remain honest then risk the chance that he wont return the deposit,

my landlord was trying to find excuse to deduct 2000 HKD just because some paint was peeling on a door.



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DonnaDE 9 yrs ago
He already knows we're leaving at the end of July. I used that as leverage for him to lower the rent increase in the first place.

If I didn't pay the rent for the last two months, couldn't he just show up at the door with the police, or bailiffs or something?

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scorpio01 9 yrs ago
no, Police are not Judge and bailiffs dont work on landlords payroll, there is a due process for that.

if landlord try to get in then he is the one breaking the law (you are still in legal possession).

Did landlord give you a notice that you need to leave ? if not i suggest you give him a written notice by email, fax, registered post by telling him the date you will be moving out, pay the due rent by cheque and deposit to his account. give him a due date for collection of key and to refund the deposit,

in the end the landlord is just trying to be nasty, ask him to come over and talk and see where it goes, anyway if you are leaving in 4 months then i don't think he can revise the contract just for 4 months, doesn't make sense.

ask him to justify the increase, provided he knows that you are leaving in 4 months, make it clear to him that he is being nasty and cheap.

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JJChan 9 yrs ago
Check your lease. Unfortunately, if you agree to a 1 year optional they can increase your rent unless you have agreed to the same rent for two years. Not very reasonable of the Landlord to do so for the last 4 months but unfortunately with in their rights. Also look at your lease to see what it says as many will state if you are late paying rent then they will take action. If you are late they will apply to court and it is a quick process within 7 days and yes they can send Bailiffs. So best to continue to pay rent and not think you can use your security deposit. I would write to the landlord and state day you are leaving and agree a date for him to check flat and for you to hand over keys and receive your deposit back. I would NOT inform the landlord you are leaving HK. I would paint the walls and fill in all the holes from pictures on walls and take photos of the apartment once done as evidence you have left it in good order. Would be even better if you had some before photos. It should state in your lease when the landlord has to pay back your security deposit but its usually with in seven days. If it is not paid back wit in the stated time then you can go to small claims, quick and easy process to get it back. Might be best to move out a week before you leave anyway.

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manishshah 9 yrs ago
Really Nice One, Thank You

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