Posted by
Pocky
14 yrs ago
hi,
we have a flat that has been rented to this guy and his family. we had a 2 yr contract with him which ended last yr Sept and from then on it was rented to him without any contract.
End of June he called and said that they will be moving out by around mid-July and asked us to find a new tenant for the flat and we did that. As we approached mid July, i messaged to him to ask when he can vacant the flat as our new tenant will be moving in by end July.
He replied back like he was not able to make a move as his NEW flat landlord backed off the deal and he had no place to move and then in Aug (which is July in chinese calendar), they cannot move due to the GHOST month. He said he was not informed of about us getting a new contract signed with a new tenant and he is not willing to make a move.
the new tenant is not ready to negotiate with us at all (meaning to delay the move by 1 month) and if we don't hand over the flat to this new tenant, we will have to pay a month's penalty + agent commission.
This old tenant is now not answering our phone and not even replying our messages.
WHAT CAN WE DO?????? PLEASE ADVISE !!
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For month to month contracts, the landlord or tenant should give 30 day notice before vacating the flat (in writing). If you have any correspondence in writing proving the tenant indicated he would vacant the flat, or you have written proof that you issued a notice to the tenant informing him he needs to vacate the flat, then you may have recourse. As your post clearly uses language such as "called" and "messaged", then I assume you have no written proof.
I suggest you issue this notice in writing and inform the tenant immediately he needs to vacate within 30 days, if you have not done so already.
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got anything in writing? if not, pretty tough position to be in...
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Pocky
14 yrs ago
any samples of how this letter should be draft? its contents?
all i have in hand are his sms saying he would be leaving this premises by 18th July and suggested us to quickly find a new tenant for ourselves .....
I know we are in a pretty bad situation as this guy simply treat us as nothing.
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relax like i always say this is hong kong , law & order is very good , send your tenant a letter giving him 1 month notice , if he does not agress call the police to remove him , the police will come and he will take ur letter serious , even if he does not agree go to the small causes court , things are very fast here all u need is to fill the form and the court will send a letter to him (this should wake him up) , relax , how the rent and comm u need to pay to the other guy , take it from ur tenant and mention in that letter.
all the best
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inkpot88 advice is the hostile approach. It might work, or, the tenant might take a sledgehammer to your flat and leave it in a pile of rubble. Yes, you can try and pursue the tenant, but meanwhile you cant rent your flat, and its a pile of rubble.
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lalib
14 yrs ago
Good points raised here by harrypatcher and Inkpot - I especially like cutting off the electricity!
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Pocky
14 yrs ago
so ... we had our 1 month notice delivered to this guy/family on Aug 2... my husband went personally to deliver a copy at the flat and somehow the wife was not willing to accept the letter and the guy (who was at his work) called the police saying that my husband was disturbing his wife and son ... ABSURD!! his wife did not even opened the door to my husband .. how the hell could my husband "disturb" them ... this guy was calling me on my cell on and shouting like he is going to take "revenge" for this ....
anyways .. my husband told the story to the police and they left ....
Now this guy msged me and said he would like to pay the rent but I (myself .. not my husband) should meet him somewhere and i should bring a receipt with the amount, date,etc indicated on it. He asked me to mention our current address on it as well .... is that necessary?? why wud he need that? for that so-called "revenge"?
My question is, should i be meeting him? And if yes, do i need to mark my add on the receipt??
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If you do go down this road I wouldn't give him your address and ask to meet him at the police station with a witness.
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The guy's name is not Marco is it?
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Pocky
13 yrs ago
ummm .... he is chinese guy and i know him by his chinese name only ...
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Is he Taiwanese? As for the address, just put it as c/o your solicitor's address
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Pocky
13 yrs ago
I hv no idea ... but our lawyer just told us to ignore all this guys request. He said our 1 month notice has been delivered so if he doesn't vacate the flat by the deadline, then we will take further action.
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Yes. That sounds like a good idea. All this is part and parcel of being a landlord. Sometimes you get a bad tenant. Just have to pay the solicitor and let the law take its course.
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