Landlord refuse to give back deposit...

Hello,


I already moved out and gave the key back to the landlord, but the landlord refused to give back my two months deposit. She gave me bunch of household maintence excuses and have to put my deposit on hold. Such as leakage sink, new painting on the wall, new tiles on the floors and lots more but I believe those aren't my problems.

I do not know any legals in HongKong or know what to do... I know I shouldn't pay the last two months of deposit, but it is too late now. So is there anything I can do to get back my deposits?


Thanks in advance.

Try Small Claims Tribunal. To be honest, I'm a landlord and I get annoyed when landlords do this. There is usual wear and tear when a flat is rented out and you should aim to refurnish every 4 years or so. Go to Small Claims Tribunal, very low cost and see if you can get a judgment. Do you have the landlords HKID from the rental agreement? Having said that, I have had a tenant with extremely poor hygience and it took us four days to clean up the place. So swings and roundabouts.

Before taking any action to recover your rental deposit, please read the tenancy agreement carefully to make sure there is no relevant provision to enable the Landlord to make such deduction. If the Landlord had such right to make such deduction, she still has to prove her damages (e.g. invoices, receipts and survey reports, etc.).

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


It would depend on whether the Landlord was entitled to make such deduction and whether there were any damages at all to the property. You can write a letter to the landlord setting out clearly your right to receive some (if not all) of your deposit, indicate that the landlord has 7 days from the date of the letter or action will commence. You may take action at the Lands Tribunal or the Small Claims Tribunal (a claim under HK$50,000) against the Landlord.

We would require much more detailed information to provide a reasoned view; we would be pleased to attend to your needs on your matter for an initial consultation fee.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@weirandassociates.com

www.weirandassociates.com/weirlaw