Problem getting back the deposit

We have moved out place few weeks ago.

And the situation with previous landlord is here.

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The day we informed the agency with written note for our moving out date: 5/JAN/2013

Moving out date: 6/FEB/2013( because we know that we have to give notice to landlord in one month advance)

Rental start date in a month: first day of the month

Rental period: 1/JUN/2011~6/FEB/2013

Asked amount for 1/FEB/2013~6/FEB/2013: Whole month rent

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We have never informed any notice that they must charge monthly, even when we were informing them for moving out.


Does anyone have any idea how we can claim it back our money?


Thanks.

Have you given notice to your landlord? (You mentioned in your post that you gave the written notice to the agent.)

You have to look at the tenancy agreement to determine whether there is any agreed clause saying that you have to pay for the whole month rent if the notice period is not specified as commencing at the end of a month as opposed to “one month from the date of notice”. If not specified, you have a good case to pay up to the date when you surrender the premises after a full one month notice. If you have moved out already and have surrendered the premises to the landlord and the landlord is holding back a refund of deposit, you may claim it back at the Small Claims Tribunal.


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Email : WeirLaw@HongKongLaw.com

www.HongKongLaw.com/weirlaw