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Return of Deposit where no lease was signed

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ORIGINAL POST
Posted by tallguy 19 yrs ago
I recently moved out of an apartment for which I had no lease. The landlord agreed to return my deposit and the rent I had just paid. To date, she has not returned the last month's rent. Any advice? Am I precluded from bringing an action in small claims because there was no signed lease? The landlord still rents to others without a lease. Would inland revenue take a dim view of this? Any comments would be appreciated.

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COMMENTS
Havefaith 19 yrs ago
Although it is possibile to create a legal relationship without a written contract in some cases, leases re: Hong Kong properties are not one of them. A lease for Hong Kong properties not only has to be in writing it also has to be stamped at the SDO in order for it to be admissible in Court. I dont think you will get very far in Court (small claimes or otherwise) if the Court does not consider there was a lease between you and your landlord.


HF

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tallguy 19 yrs ago
As a follow up then, she is still renting to others. I suspect doing the same too - not making good on returning deposits. What about inland revenue? It seems someone should care about her not claiming the income.

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