my tenant of 3 years wants me to clean the split aircon that i bought brand new last year? cost is 650. should the owner pay for it? the maintenance man we asked to check the aircon cost 350 told me that aircon is dirty and it may have cat fur as my tenant has a cat. who should be responsible to pay for the cost of 350 and 650 total HK$1000??
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Remmy
14 yrs ago
It depends on the rental agreement. But if the agreement is silent on the point, and if the tenant purchased the aircon, there is a good argument that he should pay for the maintenance.
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the landlord bought the aircon thinking it is brand new and less nuisance.
from my understanding if it is broken the landlord pays but if it is for cleaning it is the tenant who pays.
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Unless the lease says otherwise, as a matter of law it is the tenant's responsibility. The lawyer I spoke to said it was no different to replacing lightbulbs.
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Liability for the repair and maintenance of the premises is usually dealt with by the agreement between the landlord and the tenant (the “Lease” or “Tenancy”). If there is no written agreement then the verbal agreement will be the “core” starting place. If there are no specific terms that governs the issue in the tenancy (whether written or verbal), the law implies that the tenant shall keep the premises in a tenant-like manner. If you can prove that the inspection and maintenance problem is caused by the cat fur (but not otherwise), you may argue that the tenant shall pay, failing which it may be the responsibility of the landlord.
Weir & Associates
Solicitors & Notaries
16th Floor Tak Shing House
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
Email : WeirLaw@HongKongLaw.com
www.HongKongLaw.com/weirlaw
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