Posted by
Dhin
17 yrs ago
I am currently renting a flat but sadly lost my job and can't afford to pay it anymore so I was wondering If I could give it back to the landlord without paying anything. I've signed a 2 yrs contract with him and still got 1 yr left. Can anyone advise me what to do please. My landlord knows that I lost my job anyway but I don't know if he can allow me to leave. Since I don't have luck in Hongkong I'm planning to leave for good .
what should I do? great help from someone's advice.
Thank you in advance
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Usually, if you can find a replacement for you, that means if you find anyone else to continue to rent the flat, at least the same price as you pay. the landlord will agree and give back the deposit back to you.
For the best way, is to find others to rent the flat
My suggestion
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sk76
17 yrs ago
Most 2 yr contracts have a break-lease don't they?
Check yours to see if that is the case and you can leave either within the 12th month or plus one month extra...depends what's written in your terms.
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You should first look at your tenancy agreement and see if there is a break clause allowing you to terminate the lease before its expiration by serving a notice. One idea would be to find a replacement tenant to take on your obligation. Otherwise, or alternatively, you may write to the Landlord to ask for his agreement to surrender the lease. Since the term of your lease does not exceed 3 years, according to s4 of CPO, the surrender need not be by deed.
However, if there is no break clause and your Landlord does not agree to your surrender, he may apply to the court for damages for your breach of tenancy agreement.
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I have a similar situation. I still have 10 months of a 2 year tenancy agreement. The TA does not have a break clause. I called up and informed the landlord that I wish to give her a two month notice. She asked me to call back later, but she never answered any of my calls from the time I informed her.
She sent me an sms after two days stating that the tenancy shall not be less than 24 months inclusive of 2 months notice.
I wish to negotiate with her, and I am also ready to pay a sum. But the landlord does not answer, and has not given me a chance to negotiate with her.
I have sent the written two month notice to the agent, asking them to forward this to the landlord. But the agents calls are not being answered now.
What do I do now? Please help.
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Well, what does the tenancy agreement say? Can you actually give 2 months notice? I have never heard of something like this in Hong Kong, but maybe you are the exception.
Else just walk away and drop the key into the mail box (you will lose your deposit though)
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Thanks cookie09. I so wish I can just drop the key in the mail box and go.
The TA I signed states that the tenancy period shall not be less than 24 months, and the contract can only be ended when I provide a written notice two months at the end of the 22nd month.
I understand the the tenancy cannot be unilaterally terminated.
I also found this at the Community Legal Information Centre (CLIC) website: "If the tenancy document does not contain a break clause, then neither the landlord nor tenant can unilaterally terminate the tenancy. The only option open to a tenant who wants to end a tenancy before the expiry of the agreed term is then to offer to the landlord to surrender the tenancy. Subject to negotiation between the parties, the tenant must usually pay a sum in exchange for the landlord’s acceptance of the surrender."
But it does not say, what happens when the landlord does not wish to talk to the tenant. Any ideas?
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seriously you can drop the key. why not? what can they do to you (except keeping your deposit)?
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