Do I Have Rights?

Goal: To break rental lease without penalties or obligation to find a replacement tenant.


Background: In January, 2008 I signed a contract to rent an apartment in the midlevels. The price was RELATIVELY attractive because they were giving the building a facelift. It is covered by bamboo and green mesh. The trade off, was the noise during the day and an obstructed view. They said it would last until end of July at the latest. I accepted the trade off.


Problem: Since I moved in, the following has occurred:

1. the air conditioning was removed by management.

2. In the last two weeks,the water (in the bathrooms and kitchen) has become unclean and probably unsafe. It is either brown, yellow and sometimes clear. Tiny brown particles are also coming out of the faucets.

3. There is no consistent hot water and no water pressure.


We informed the agent of the landlord about the air conditioning. He sent over an aging portable air conditioner that works more as a fan than an air conditioner. He also sent over a fan disguised as a portable air conditioner. He only sent it over after I informed him that my wife had to be take to the hospital for heat exhaustion.


Lease Statement:

I reviewed my contract with the company. It says, "the landlord shall keep and maintain the structural parts of the premises including the main drains, pipes and cables in proper state of repair Provided that the landlord's liability shall not be incurred unless and until written notice of any defect or want of repair has been given by the tenant to the landlord and the landlord shall have failed to take reasonable steps to repair and remedy the same after the lapse of a reasonable time from the date of service of such notice."


Next Steps:

I will inform the landlord of the current problem today, but what are "reasonable steps" and what is a "reasonable time"?


I don't see what reasonable steps he can take and I cannot continue this for much longer.


What can I do to get out of the contract, get my security deposit back and move as soon as possible?


Thank you for advice.


Regards,


M

Agents here are always on the landlord's side and landlords here are very good at keeping your deposit, ignoring your complaints and wasting your time pretending they're looking for a solution. Most of them have no concept of 'home', just properties.


We're trying to beat that. We have a couple of places the rooms of which we rent out short term. We select our tenants and in doing so manage to usually ask for just one week's deposit.

You should ask your landlord for a new indoor air con (which won't disrupt the renovation work which is why i think it was removed by management - never heard of that). Air con is not a luxury in hk but a must for everyone!