Breaking a Lease before you even move in!

I signed a 2 year lease, without a break clause, and paid the deposit and first months rent - meant to take possession in August 2009. Before I could move in something happened and I could not move to HK.

What is my liability - I am still not in HK, and it doesn't really look like its going to happen

technically you are liable for the whole 2 year lease rental but no serious landlord will chase you down on this (as LG... explained in the other thread)

Please note that once a contract is entered into, subject to the landlord's obligation to mitigate his loss, the tenant has to fulfill its obligations (e.g. to pay rent) until the lease expires or is terminated by way of agreement. If you give notice to terminate, the landlord is entitled to rent out the premises to a 3rd party and claim from you the rental deficits (if any).


Having said that, since you will be a foreign defendant residing overseas, the landlord will need to go through a special procedure in order to serve the Writ against you outside Hong Kong; nonetheless, the obligation is there.



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