Flatshare problems



ORIGINAL POST
Posted by fmate 16 yrs ago
My current flatmate supposedly for 10 weeks landed in hk and moved in on 3 Jan. She'd contacted me in November and I'd held the room vacant for her for more than one month, thinking she'd be a good flatmate. We'd exchanged a total of 31 emails (she counted them), she'd seen the photos of the flat, my ad was a detailed one, we were on facebook - in short we had enough info on each other.


She asked for the keys within 5 minutes' of arrival and I gave them to her. She'd paid one month's rent before her arrival but refused to pay the security deposit on arrival. She said she didn't understand the what the security deposit was even though I'd explained to her clearly at least twice in writing. She said in any case she had to ask her dad to transfer the money to her account so I'd have to wait a few days. I was still looking forward to a positive flatsharing experience.


On the first night, she said that she was unable to access wifi on her computer. She's my first flatmate unable to access wifi! I have a cable subscription but there's plenty of wifi around the flat. On Monday 5 Jan i started to contact the internet service provider and reached an operator on 7 Jan to make a change to my account so that I could share it with her. Meanwhile she kept blaming me for her computer's wifi problem and used this as reason to withhold the entire security deposit. The change to my internet account would take 4 days. The cable internet access was not in the ad and not part of the deal. While I proceeded to find a solution for this 'problem', she blew things completely out of proportion and kept saying there's no internet and therefore it's a breach of the contract. She spent her days at work talking to the HR and law department people and calling home for every little thing. On Fri 9 Jan she wrote me an email saying she's moving out on 15 Jan and that she'd want the rest of her money back. I do not agree and would still hope to share the flat with her, if she pays the overdue security deposit when she's able to access my cable connection.


When asked, she paid 8 nights' money till Sun 11 Jan (on top of the one month's rent) when the cable internet would be ready to be shared with her. If she refuses to pay the security deposit then, does she have the right to stay at my home at all?

Please support our advertisers:
COMMENTS
bing2 16 yrs ago
kick her out and keep the deposit. if she bothers you report to the police. after all you are the landlord...

Please support our advertisers:
JJALD 16 yrs ago
She sounds like she will be an on-going problem. Always best to meet someone in person at least once before agreeing to live with them.


A short-term financial loss is better than a long-term flatmate who is mad!

Please support our advertisers:
kaileyb 16 yrs ago
Call me cynical, but anyone who still needs to ask daddy for money shouldn't be moving out on their own. And agree with other posts, she seems like a nightmare already and you'll only have more and more issues if you kept living with her.


Have a look at whatever legal documents you've signed with her to see what you're bound by. Usually there should be a clause that either party has to give a certain amount of time (usually a month) notice before vacating the premises or eviciting a tenant. If she hasn't given you sufficient notice, you should be able to keep her month's deposit, on top of the rent she's paid. I'd advise getting a lawyer friend to have a look at your rental agreement.


I'd give up on getting the security deposit out of her, waste of time. And yes, change the locks!!

Please support our advertisers:
IISummerII 16 yrs ago
the 1st month rental should be kept as deposit, and the one-month-rent should be paid when in advance of the month she moved in, *and this should be done under the mutual agreement*

both the landlord and the tenant shouldnt expect the other party to hold the room before contract has signed nor rent being paid.


usually these 2-months-total-amount should be paid as the same time and when the tenant starts the contract. since you got paid weeks before she actually get the keys, makes this case unusual.


i understand you follow the normal practice but if you cant expect people being normal... and if she hasnt been told and agreed with you, she wouldnt let you keep the whole month rent. there is no right to both parties if there is no verbal agreement, more importantly, in black n' white. try to explain your situtaion to her, tell her to check with the market, that's the responsibility for the tenant to protect the landlord's benifit as if anyone promise to move in and leave on the 1st day every month, then the landlord will pay for 29 days every month the whole freaking year!

good luck

p.s. if the money isnt a great amount, just use that money to buy yourself a easy life... or suggest to go dutch! you both share half of the half month!


Please support our advertisers:
HkJay 16 yrs ago
She sounds like a whackjob- cut your losses and get her the heck away from you.


Regarding the money, did she sign a contract? If yes then she's bound by it.

Please support our advertisers:
tnb1975 16 yrs ago
There's paper trail i.e 33 emails. She knew the deal before she arrived. You can keep the 1 month rent and kick her out since she can't pay for the 2 months deposit.....this itself is a violation of the rental agreement (verbal or written). HK rent is not calculated on the weekly basis like the UK.....KICK HER OUT OF THERE ASAP...any probs call the POLICE. She will not be able to take you to the small claim tribunal......


If you want to get more money for the loss of income from potential tenants you turndown while waiting for her after her commitment, then hire a debt collector...then she'll get the point!

Please support our advertisers:
associates 16 yrs ago
It all depends on the terms of the agreement between you and her. Also, are you a tenant yourself or you own the premises. If you are a tenant, does your tenancy prohibit you from sub-letting?


You may come to our office to give further information and we can provide you our detailed advice. Our charge for a conference is HK$2,800.00.


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

Please support our advertisers:

< Back to main category



Login now
Ad