Malicious Landlord - Can't get back deposit HELP!!

Really need some help or legal advice about tenant rights in HK.


Will try to keep the story short and concise even though emotions are running high at the moment.


My husband and I rented a flat in one of the new development properties in Yuen Long back in June 2011.


Landlord left us alone for first 10 months, then surprised us one day (accompanied with his real-estate agent) to "negotiate" a rental increase. If we don't agree to he will apply to evict us starting that day.


To avoid trouble we just signed a new fixed lease effective two months later. He even made us top up our rental deposit so that it was reflective of 2 months new rent.


Four months later he came back with his real-estate agent friend and tried to evict us anyways. This time he claims he wants the apartment back for his own use. Apparently he claims he can do that if he is taking it back for his own use.


Turns out he was both a landlord and a tenant. His initial story was, he was being evicted by his landlord because he refused to pay the rental increase for his flat. Rather then looking for another flat like normal people, our landlord decided to pass his problem to us and evict us instead. His landlord gave him two months to leave, he decided to give us one month.


He then tried to intimidate us into signing this "mutual agreement" to leave the apartment with no compensation. Since we had only signed a fixed lease 4 months earlier we saw no reason to have to leave and refused to sign the agreement.


After bombarding us with text messages, and threatening phone calls his story changed and advised us he had sold the apartment. We asked about the necessary actions to deal with our current fixed lease, and he said there is only one option... to leave. Our landlord had sold the apartment "vacant without tenants" so will not entertain transferring our lease to the new owners.


At this point, we decided to just let him brew and stay in the apartment as we have a fixed lease. The harassment dragged on for two weeks. At one point we considered moving because all of this was disruptive to our lives. If he was willing to grant us a 2 month rent free period to look for a new apartment and return out deposit in full we will leave, we will leave.


To our surprise, our landlady called and bitched and cursed at us (she's a highschool teacher by the way) then hung up on us. Amongst the foul language, we caught something to the likes of, 2 months free rent you wish. You are not getting your deposit back. You better pay one month then pack up and leave.


So we decided to ignore both irrational husband and wife. They did try one more time to trick us into signing the mutual agreement to move out. This time under the condition that they must be allowed to inspect our apartment before returning our deposit.


We felt that was fair request and arranged for the husband and contractor to visit. The wife of course shows up unannounced and barged into our flat. She also ranted off and made everyone show her their HKID for identification even though we had every right to be the ones kicking her out. I really really regret being the bigger person and not calling the cops on her that day.


Basically, to sum up her unpleasant visit to my apartment, she tried to threaten us with something outrageous like $100,000 HKD in damages. She found a 1" crack in the marble floor in the kitchen. It was there when we moved in and looked like it was already repaired. Rather then replace one or two tiles, she wanted to replace the entire kitchen floor with new marble at our expense. That was it. The crack on the floor.


We disagreed to the claims and showed her to the door. She made one last threat leaving the flat stating that she will sue us in the coming May (when our lease ends) and will have hire people to kick us out by end of May. Then the crazy landlords left us alone until now.


Not knowing if she was throwing around empty threats or not and not having any proof of these threats we did our best to pretend we didn't hear them. All this while we were contemplating whether or not to pay our last 2 months rent. We decided to not pay the first month and see what happens.


Sure enough the hell began. 10 days into not receiving the rent she posted Form 22 on our door and some other documents. She proceeded to do this for another 3 days, also harassing the reception desk at the base of our building. The landlords have now cut out entry pass into the building so that we cannot enter freely into the common areas of the building.


After 10 days of this emotional and mental torture, we just decided to pay the rent. This was the first time we were ever LATE on rent in the entire time we stayed here. We never harassed them or even contacted the landlords for anything.


However, here is our dilemma.


I know that it is illegal for us to not pay rent even though our deposit is equal to the remaining 2 months. It is also apparent that our landlord has nothing to do in life and does not mind the drawn out procedures of playing the system. I also know it is illegal for them to keep our deposit without solid proof that we damage the apartment or some other valid reason.


Since they stated more than once that they will not refund our deposit, I do not feel comfortable paying the last two months rent. However, since they have taken actions to make our lives hell for the last 10 days it seems they will out last us in endurance. Our other option is to pay the last to months rent and take them to small claims court. However, here is my question.... who makes them pay us back our deposit even if we win?


I heard we can apply to the government to have some sort of hold on his deed so that our landlords cannot sell the apartment until they pay us back. Is this true? Or are we basically screwed either way out of our deposit?


Please help. I just find this is so unfair. We didn't even put ONE nail in the wall. When the third party contractor came to check the apartment he was so confused cause he found NOTHING wrong with the apartment. Is there any way we can get the $23 000 HKD in deposit back??

Go and see a lawyer now.


The landord signed a two year lease with you. Unless the lease has a break clause which can be exercised on by the landlord (some do, some don't), he/she does not have the right to terminate early unless you are in default.


Your lawyer will be able to advise you on what can be done. At the very least, you can get an injunction to stop the abusive phone calls and you may be entitled to damages because they have breached their obligation to give you quiet enjoyment of the premises you have rented.


If it was me, I would have had lawyers on to them long before things had reached this stage. Given that the relationship had broken down, and they want you to leave, I would be asking for not only the deposit back in full but the cost of moving and compensation for agreeing to terminate early.


Also - it is not illegal for you not to pay the rent. It is only a breach of contract.

I'm a landlord and I am certain they have no way to kick you out unless a) you have come to the end of your tenancy or b) there is a break clause that can be exercised by the landlord which may also state that the landlord can put the rent up (usually after 12 months). It's possible that you may think you have signed a 2 year lease but there is a break clause which essentially makes it a 1+1 year contract. Unfortunately, these clauses are the standard and they are one of the reasons I stopped renting (moving with kids is a nightmare). I always give my tenants a straight 2 years so everyone knows where they stand. I think claiming back the apartment for his own use is a throw-back to the days of rent control when a landlord could only ask a tenant to leave if he needed the proeprty for his own use. I doubt this still applies. Anyway, I'm not a lawyer and I would advise you contact one. It would also be good if the lawyer could contact the management on your behalf.

frankly you should be moving. an a**h*** landlord like this does not deserve a good tenant like you.


so the issue really boild down to how much you can endure. if this was me, i would never ever pay the last 2 months, because the way the system is structured here and given the landlord's behavior, you will never get the money back (small claims court cannot enforce payment, and a lawyer can do nothing for you...).


the postings, calls, etc sound like something to ignore and i hope you can. the fact that they have cut your entry passes is annoying but it should be manageable for the last two months. the one thing i would watch out for is that the landlord does not have keys to your apartment. if he does, i would immediately replace the locks right away.


plan your exit at your terms, manage the 2 months through, don't pay the rent, and drop the occasional hint to them (i.e. "i will trash your apartment or never return the keys if you don't stop harrassing me"). the key here seems to be to be clevered than them while you both do not play along the rules


you might also want to read up on the internet how to leave a nice "gift" to nasty landlords, i.e. stuff they won't see when you leave but that will be a good effect in subsequent months

That's the New Territories people, different from the Kowlooners who are different from the HK island perople.