Posted by
ggkw
14 yrs ago
Hi, just received a summons from my landlord. The backgroud is this:
I rented a basement apartment from him, and at first, things were fine. I put down 3 months deposit.
Within weeks, I realised a whole list of problems. Some of the major ones include:
Every few hours, flushing and water (more than just a toilet - maybe emptying a washing machine) sounds can be heard, and a disgusting smell fills the place - often so strong I have to leave.
The bathroom floor is constantly wet - water is leaking from somewhere and there is a constant puddle.
The walls in the room leak - every time it rains, the entire room and living room gets flooded - I have to mop up several buckets of water.
The A/C leaks and covers the bed in water. There are many more issues which make the place unbearable.
Due to busy schedule, I only complained a few months after moving in (April). He made various excuses about it not being his responsibility, or not believing the problems, or that I had to take the property as I found it. Obviously when I first viewed, these issues were not known.
I kept complaining, and he finally sent a handyman. The guy inspected all the problems, agreed, and said he would report back. I followed up - the LL said that there were no issues, and the handyman said it was all fine(!!).
When he told me he would not be fixing anything, I I stopped paying rent, and kept raising the issue. We spoke again, and I said I wanted to repair the problems, and also said I would move out in a month. He agreed. He send a second handyman, and again, inspected, agreed, and reported back. AGAIN, he claims that there is nothing he needs to do, and any work would be done after I moved out.
Now, he has issued a summons to go to court over 2 months rent. As I have put down 3 months deposit, the easiest way would be for him to take 2, give me back 1, and I leave.
However, out of principle, I am reluctant to pay full rent for the entire duration of my stay, while he has done nothing as a landlord. Having all my stuff soaked everytime it rains, mopping dirty water, and smelling garbage all day for months does not deserve full rent, surely! His only counter is that I stopped paying rent. However, I raised these issues well before I took that action.
Bit of a rant, but really dont know whether to fight the summons or just pay up and leave. Any advice?
Thanks
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A Mum
14 yrs ago
Start documenting! Take photos, get your own handy man to make a written report about the condition of your basement. If it's almost to the point of uninhabitable it would be good defnce. Send a strongly worded letter to your landlord supported by photos and written reports. He will realize it's more than just rent and his case is not that strong. BTW doesn't you rental contract say he is responsible for fixing stuff?
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Go to the Small Claim tribunal. Also call the RV department for free advice. Phone number: 21522152.
I am going to the call-over this Thursday...fingers crossed. Believe me, there is a lot ofsh*tty and greedy landlords in HK. Do what you can.
Good luck.
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