Posted by
bobius
18 yrs ago
My tenant moved out in December 2007 and has not paid the last month's rent. When I tried to cash in the deposit cheque, it bounced - he had cancelled it. He keeps telling me that he is waiting for some funds to clear and will pay me shortly but this has been dragging on for a while and I have had enough of it.
The rent is less than 50k so I am considering the Small Claims Tribunal.
- If I win, which I am pretty confident of, will I be paid assuming he has the money?
- How long does the process take?
- Can I get the court to freeze his assets unless he pays me?
Thanks for your help.
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Isn't writing a check without funds illegal -- something the police handle?
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ldavy
18 yrs ago
bobius, did you complete and submit Form CR109 to the Rating and Valuation Department when the tenancy started? If you didn't, you can't take any legal action against your tenant. It is stated on this form "Under the Landlord and Tenant (Consolidation) Ordinance (Cap.7), the landlord or principal tenant shall not be entitled to maintain an action to recover the rent under the relevant tenancy agreement unless the Commissioner has endorsed this notice."
Adfundum, are you sure? I always thought it was illegal to bounce a cheque in Hong Kong.
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