Termination of Tenancy without notice

Hi

I rented a property roughly 2 years back. It was a 1(Fixed) + 1 (Floating) type of contract.


Last week my landlord called me to evacuate the apartment within next two days.


I vacated the apartment in two days. But landlord only paid me 2 month deposit + extra rent that I had paid for the month.


However, I believe I should get 1 month extra rent based on the break clause of the agreement:


"4. Break Clause:

Notwithstanding anything to the contrary herein before contained, the either party shall be entitled to terminate this agreement earlier than as herein provided by serving not less than one month written notice or by paying one month's rent in lieu to the other party provided that the said written notice shall not be served before the expiration of the twelve month of the term of tenancy"


Please let me know if my understand is right and what legal action i can take against the landlord ?

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


It appears that you are entitled to one month’s rent in lieu of the notice that you did not receive from your landlord. Your first line of action would be to contact your landlord and request for the one month’s rent, informing him of your rights provided under the tenancy agreement. We suggest you send a letter to prove this contact with the landlord. If your landlord refuses, you may wish to seek legal advice, or alternatively, you can directly file an action in the Small Claims Tribunal assuming the action is HK$50,000 or less. You may contact us for further questions.


Weir & Associates

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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