Tenancy contract advice- I need out

Hi, I moved to HK in August and agreed to share with a new colleague, little did I know what a nightmare it would be. After 2 weeks we weren't getting on, there are issues that are scary to live with.

We signed a 2 yr contract without realising that the notice period was outside of the 24 months. So in effect it is 24+2. We contacted the landlord to hand our notice in as we thought we could serve the 2 months notice, then all the hassle began. My health is suffering due to the stress I am under with the person I am sharing with.

I met with the landlord and asked her to reduce the contract, she offered 12+2 months, but then also told me I could leave asap if I was willing to lose the deposit. I said yes, I can't really afford to lose the money but I need out. 3 days later she retracted the offer!

My options are now agree to stay until the 14 months are up. Sub-let but I don't know where to start with that! She has agreed I can do that if I find new tenants. Or I feel like walking out. You don't know me, I am a law abiding person, I truly am, but I am so stressed with all of this.

Does anyone have any advice? Do landlords as a general rule take such action to court?

I am so confused I don't know what to do. HELP!

When I want to break my lease early, I would first find a tenant to replace myself. If the landlord is reasonable, then they should be happy to accept another tenant as long as they don't lose money... in other words, if the new tenant signs a new lease the same day that you break the old one, so they don't lose any rent money. And if you're lucky, you might find a new tenant who would pay a bit more rent than you, so that's also beneficial for the landlord.


Another option - find someone else to live with and have your colleague move out?

Sogo21. I'm a landlord and I've had this situation before. We even checked out with some lawyers. In the end we back-tracked as it's such a pain chasing people up and the law tends to favour the tenant. My understanding from the meeting I had with lawyers is that the landlord can only claim for the months that the flat is left empty - so if they get a new tenant after 2 months, they can only claim back 2 months rent which is your deposit. If you add lawyers fees on top it's a real pain. I would be inclined to leave and surrender your 2 months' deposit. Unless you are in a super luxurious flat and the landlord is very wealthy it's unlikely he/she will chase you up. However, it's a real pain for landlord as you can imagine. How did all this start? Are you in fear for your life or something?

Loyd is correct. The basic rule is that the landlord is entitled to be compensated for any loss resulting from your breach of contract - this is usually the lost rent during the period between your departure and the commencement of a new lease, lower rent for the balance of your lock in period if the new lease is lower than what you were paying and costs (such as agency fees, lawyers and any damages done during your occupation). The landlord can deduct these from yoru deposit and, if the deposit is insufficient, go after you for the balance.


While this is your problem and the landlord should not be expected to bear the consequences of your decisions, in practice most loandlords will be reasonable and allow another tenant to take over. I'd suggest advertising.


If the landlord is going to chase you, they will either use a low cost law firm to issue a writ (if the amount is large) or a debt collection agency (if the amount is not large enough to justify lawyers). Given that debt collectors typically use some pretty obnoxious tactics to collect, I would avoid that at all costs if you can.


Happily, I've never had to have recourse to either method.

Thank you all for your replies, not in fear for my life just my sanity as the flatmate was difficult to say the least! I finally got out after she took in a new tenant, not my problem after all, and got the landlord to agree to take my name off all the paperwork and contract, so all was well in the end. Thanks for all your support!