issues with former landlord



ORIGINAL POST
Posted by frumiousb 8 yrs ago
Hi--

I can see issues with security deposit refunds are quite common, but my situation feels a little extreme. I'll explain the situation below, but I have three main questions:

Have people gotten recourse from small claims courts in similar cases?
Are there lawyers/surveyors who can help with expats for small court cases for affordable fees? Would you advise it?
Is there a contractor you can recommend who can survey my current apartment, so I avoid this happening again?

5 months ago I moved out of my apartment at the end of my first lease in Hong Kong. I had quite a good relationship with the apartment manager (landlord was absentee). When I moved out, I rather foolishly didn't insist on a formal inspection, nor did I withhold any rent and I did return my keys immediately-- I noted and agreed a few small items where I would be liable for repairs (repainting and some small small damage to some of the furniture) but the manager told me that there was no need to do anything myself since the owner would be renovating the apartment in any case. He said I would have the security deposit cheque in my box within two weeks.

Two months later, there was still no cheque and I started to get very strange emails from the absentee owner, who is apparently moving in. He wants to hold me liable for the money he had spent getting the apartment ready for rental before I moved in, for two appliances which were not working on handover or which died shortly thereafter-- (appliances were listed in the lease as being landlord's responsibility), and for his entire renovation bill (which included things like checking the pipes, replastering the ceiling, rewiring, and other structural maintenance).

There was then quite a bit of discussion back and forth and I involved the leasing agent who has been trying to negotiate for some time now. The agent has tried to tell him that he may not hold me responsible for these points, but he wouldn't listen.

Recently, the landlord deposited back less than half of my security deposit, and seemed to be threatening me with further claims if I don't accept this-- he says I'm "lucky to get anything"

The leasing agent is still trying to reason with him and seems to think I will win in court if I take it to small claims. But given that the landlord is making threats about other claims, I wondered if I should get representation first. I'm also not sure I should fully trust the agent, given that I have been too trusting already.

Have you been in a similar situation? Is there someone you recommend?

I have now learned my lesson-- everything needs to be very formal, and I'll be hiring a contractor to survey my current apartment now and then again at the end of my lease.

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COMMENTS
frumiousb 8 yrs ago
Apologies for the multiple posts! Don't know what happened there.

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cookie09 8 yrs ago
you clearly learned the wrong lesson. the lesson is not to hire a contractor to survey the apartment, the real lesson is to not pay the last two months rent or at a minimum not return the keys until the deposit is in your hand.

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