Need to Break Lease b4 1 year..What is the procedure to sublet?

Hi all,


I found someone to take over my lease as I need to move out of HK b4 the 1st yr ends. Now can any one pls help me with what are the procedures to sublet? also what paperwork is involved? so does the new tenant pay me & I pay the LL?

Appreciate all your help to clarify..


Thanks

You may post an ad here http://hongkong.asiaxpat.com/property/

Pls inform the the size of the apartment, location, rent.

The first step is to determine what rights of sub-let you may have in the written lease; typically there are none and therefore you are supposed to receive the agreement of the landlord before you sub-let. The landlord may refuse this and therefore tenants are often inclined to have a “private deal” which is in reality in breach of the lease but often goes unnoticed or uncared for by the landlord, assuming all goes well and rent is paid.


If the landlord agrees to a “sub-let”, you should get a formal acknowledgement (“I consent to the sub-let of the premises to Mr. X”). Often the landlord may wish to enter into a new lease directly with Mr. X which is good news in the sense that you (as the current Tenant) are then typically released from liability under the lease and your deposit is returned and replaced by Mr. X’s.


In either method, it is well worth the cost to have someone to have a lawyer look at the arrangements to make sure that it is protecting your interests as much as possible.


Weir & Associates

Solicitors & Notaries

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Theatre Lane

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Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw