Lease renewal

Hello,


My two-year lease is up 31 Dec and I haven't heard a peep from my landlord about renewing. I thought there was a rule that they had to either tell you you're out or provide a new rate 3 months before the end of the lease period. I've had a fairly good relationship with the landlord but I tried to email him and the message was returned, so I stuck a note in with my rent check asking him to call or email and he hasn't done so. I'm getting a bit worried since the idea of spending Xmas packing isn't too appealing. I'm sure he has a phone number on the lease somewhere but we have always communicated through email.


Also, anyone have advice if he does call? In this market, should I try to maintain the same price as two years ago or is that still wishful thinking?


I would appreciate any advice on lease renewals in general. Thank you!

I think that landlord is happy with the current arrangement that he doesn't want to talk to you to change it. He can't throw you out that fast anyway. If the current lease ends and a new one is not signed, the old one continues until further notice (please correct me if i'm wrong).

Punter, sorry but I do have to correct you! When a lease ends, it ends. That's it. End of story. Unless the landlord and the tenant have already negotiated terms for a new lease, the tenancy ends and the tenant has to move out. Absolutely no notice is required unless this is specified in the Tenancy Agreement which is very unlikely.

For a fixed-term tenancy created on or after 9 July 2004, the Landlord/Tenant is not required to give notice of termination to the other party. The tenancy will expire upon the end of term of the tenancy.


You should review your tenancy agreement to see if an “option to renew” clause has been inserted, if so, then you will be entitled to renew the tenancy and you should give written notice to your landlord indicating your intention to exercise such option. Usually, the clause will also stipulate the deadline you should give notice to your landlord.


If there is no such option, then the tenancy will automatically expire at the end of the tenancy period. No notice is required by the landlord. Typically, the Landlord would contact you re renewal or you can certainly bring up the subject; better now in these falling markets.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw

Thanks for the information. I had that experience sometime ago (8 years ago).

Thank you everyone, this will help me prepare. At least it's a good market for renting, everything is cheaper!