Early Termination - Health Issues

If someone's tenancy gets terminated early because of sale of the house, can the tenant be evicted on the due date (in this case 1/Sep 2011) if the tenant can prove through medical certificate that she's not able to vacate the apartment at this point but may need another couple of weeks to recover from the health problem?


In this case, the tenant was admitted to hospital about one week before they need to vacate the apartment.


The tenant in this case is a single mother with 14 year old daughter.

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


Even Hong Kong there is no automatic right to terminate just because a landlord sells.


In all matters, the tenancy agreement should be looked at as a starting point.


The landlord must terminate the tenancy agreement in accordance with the tenancy agreement itself. If the landlord or the tenant is entitled under the contract to give, say, 1 month notice and it has been given, then the sale of the property is irrelevant, the landlord will take possession as a result of the notice not the sale. If the landlord has not given notice and the property has sold subject to the tenancy agreement, then the new owner (ie new landlord) must give notice in accordance with the tenancy agreement.


Weir & Associates

Solicitors & Notaries

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20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@weirandassociates.com

www.weirandassociates.com/weirlaw