Early Termintion of rental Lease

I am moving from Hong Kong for profesionnal reason 3 month before the end of my rental lease. My landlord is asking me to pay 3 month. Can I prematurely terminate a domestic tenancy for profesionnal reason? If not is there any option ?

thanks

ALD

On the assumption that you signed a lease for a fixed period, I don't think you have much option. The landlord will have had your rent in advance and taken a deposit. If you simply leave now without notice or paying for the remaining three months, he will simply deduct everything from your deposit. It would be very surprising if there was anything in your lease which would allow you to leave prematurely for personal reasons. Hong Kong landlords are accustomed to renting to expats some of whom have to leave unexpectedly and want to wriggle out of their responsibilities, so they draft of their leases on a "wriggle-free" basis.


Although your lease will almost certainly say that you cannot assign or sublet the tenancy, you might try and sneak somebody in on a temporary basis without your landlord's knowledge for the remainder of your tenancy. You would, however, remain personally liable under the terms of the lease. You would have to be confident that this person would leave at the end of the three months and will look after the property -- you would be responsible for dilapidations which went beyond mere "wear and tear".


If you are not prepared to risk that, you will probably just have to accept the fact that you must meet your obligations.


As a general warning to expats looking to lease apartments, it is worth trying to negotiate a "break clause". For my part, I have a 12 month tenancy which allows me to terminate on one month's notice to expire no earlier than the end of the first six months. So, basically, I can leave at any time on one month's notice but with a minimum of six months.