2 year contract. Landlord wants to break lease (legally) but I don't have the finances to move out.



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ORIGINAL POST

POSTED BY kriiistal (8 mths ago)
Good morning,
I have just received a letter from my landlord via text message that I have to move out by 10th April, the message was sent to me on the 9th of March.
Our contract is 2 years with a break clause by either party.
I have fully explained to my landlord that I will need more time to gather the necessary finances to move into a new apartment and will not be able to move out by 10th April. I have asked him kindly to extend for a few months time. Of which, he has declined.
In this case, what are my options?
After calculating my budget. It will take at least 3 months more for me to be able to move out.
Does my landlord have the right to kick me out into the streets if I don't move out by then?
I have nowhere to go.
Please send some advice?

Thank you very much

COMMENTS

Boundaries (8 mths ago)
http://www.rvd.gov.hk/en/faqs/tenancy_matters.html

You may find answers to your situation from the attached link.

As far as I understand, a landlord cannot evict you & must obtain a court order. I hope the above links helps.

matthieuober (8 mths ago)
Hello,

If you decide to saty in the apartment after 10Th April, the landlord can decide to go to court. Once he gets a court order (it should take 4 to 6 weeks), he can enforce it and even ask you to pay for the costs of the procedure.
His other option would be to hire a bailiff but it would cost him a lot, so it is unlikely.

I would recommend that you move out on time, but now you know that technically you can stay there until he enforces the order against you.

If you need help in the search of your new apartment, feel free to call/whatsapp me: 5412 8571, I am a property agent.

I hope this helps.

Martin Ketteridge (8 mths ago)
Dear Kriiistal,

Apologies for the delayed response - I have only just seen your post.

Like many things it depends upon the details of the Lease Agreement that you have signed and before I could give a definitive yes or no then I would have to read it.

However, if you have signed the standard form of Domestic Lease Agreement it is usually a 24 month agreement but upon the expiry of 12 months the Landlord can give notice for you to move out (again the contract will specify how long but usually 1 or 2 months).

So if you have rented for less than 12 months under the current lease agreement it appears very unlikely you can be forced out BUT if you have been there more than 12 months it is quite possible that you can be given notice to leave.

If you need any further assistance please message me.

Martin


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