Dispute with landlord

We took out our lease in early August 2011. The previous tenant broke lease with the landlord and we were introduced to the landlord by the previous tenant. When we viewed the apartment, we saw that it was in desperate need of some renovation to the kitchen as it only had a stained marble sink from the 1960's and a shelf for the gas burner. it was all very basic, need I say primitive. We proposed to have a rent-free period for just over 3 weeks to clean, paint and get work started for a new kitchen. The landlord made it clear that he didn't want to be involved in any investment or maintenance of the property and would keep the rent below market-value. We thought it was a good investment, around $50,000, for the long-term.

Recently, as our 2-year lease is due to finish, we asked about renewing the lease and the landlord stunned us by asking for a 30% rise. Despite our counter-offer, he was not willing to drop the price significantly.

We asked for some compensation for our investment to bring the kitchen up to today's standard, but this has been rejected. The landlord claims that the kitchen is his property 'as compensation for the previous out-going tenant' and to keep the rent low . This seems bizarre. They have also suggested that we find a replacement tenant to take up the 3 weeks when the flat will be empty. How ridiculous is that! I know that we are liable for the full-term of the lease, but we were offering to give them the keys early so that they may show the property to prospective tenants with the advantage of having a modernized, fully-equipped kitchen.

Any advice?

Advice: Don't waste money fixing up other people's property. If you insist then at least get some sort of long term contract to protect your "investment."


Lesson learned.

Yes, agree, lesson learned. Also not to trust landlords as they seem to change their attitudes. What happens usually to tenants who don't pay the last month's rental to offset one month of the deposit? They have two months deposit but honestly I don't feel like giving the landlord another penny!

Apparently we can't remove the counter top, the sinks, the gas burners, the cooker hook as the landlord considers these fixtures his property although we paid for them - in his words 'as compensation for the previous out-going tenant' although the previous tenant was paying the same amount we were and was there for only 3 months, not added value to the property. I just don't understand the logic here!,

If there was a contract regarding this issue then look to the contract for clarification.


Here is what is likely to happen: you will bluff by saying you want the fixtures back (which I think you do legally own), but your landlord knows that you do not actually want to go through the trouble and expense of putting back his old equipment. He will refuse and the only way you can proceed is by going through the hassle and also having your landlord keep your deposit. You will then need to sue him in small claims court to get your deposit back, something you also will not want to do.


Next time you will not make this mistake again. Write this off as 50,000 / 24 = 2,000 extra dollars of rent per month.


By the way, if you are willing to drop 50k like that then you are able to afford an apartment that does not have a ratty kitchen. Might I suggest looking in New Territories where the apartments are newer, bigger, better renovated and cheaper.

Thanks Lucane01 - good advice. However I am still angry.What do you think about if I removed all the doors from the cupboards and take away the drawers? This will probably get my message across, but then there will be the hassle of getting back the security deposit. As you mention, looking at it differently, it does equate to an extra 2,000 a month over 2 years, which is takes the sting out a bit. By the way, we are moving away to the New Territories into a clean, modern apartment at a very good rental!

Phia,


If you do anything to anger the landlord then they will keep your deposit. Irregardless of who is legally right, you will need to fight it out in court and that can be long, tedious, and maybe even expensive. And on top of all of this, you might end up legally losing your deposit due to your misunderstanding of the local laws.


Think of all the things you can buy with the money from your security deposit. Do you want to potentially give all that purchasing power to your landlord just so you can get the satisfaction from taking away cabinet doors? Your focus now should be on getting that deposit back without issues.


Enjoy your new apartment in NT. if you want to fix it up then limit it to a 2k paint job and nothing more.

Thanks Lucane01. Your advice makes good sense. I will move on and appreciate my new home and lesson learned.

I hate to say this but I suspect that you won't see your deposit back either. If your Landlord is as sleazy as he sounds, unless you stopped paying the last two month's of rent, he will keep it. Many HK Landlords seem to consider the security deposit is just an additional amount of money they can keep.

Good luck.

Personally I would take everything that you paid for, and have receipts for and tell your ungrateful Landlord to shove it!

Think hard about carrying out Spurtio's suggestion. With holding your rent for two months is contrary to your contract and you could find your landlord will take legal action within 7 days of you not paying your rent (check your lease). If you are prepared for a legal battle then go ahead. Your landlord does have to give you back your deposit. If not you can file with small claims which is very straight forward. I suggest you take pictures of the flat when you leave it and if at all possible get the landlord to inspect the flat with you and sign an agreement that the flat is in a good state, wear and tear an exception before you hand back the keys.