Refund of security deposit upon completion of lease agreement

I am a migrant worker living in Hong Kong for a little over 2 years and recently moved to a new apartment after completing a mandatory period of 24 months under a lease contract of my previous apartment. Upon my request for refund of 2 months security deposit after expiry of lease contract, the previous landlord deducted 1 month’s full rent and additional charges on accounts of repairs and maintenance.


According to landlord, deduction of 1 month’s full rent from security deposit is due to non serving of 1 month’s notice period pertaining to termination of agreement. In my view, I am only obliged to serve a 1 month’s notice period if I had intentions of moving out of the apartment before expiry of the lease contract. Since I moved out of the apartment after expiry of lease agreement, as per my understanding, the claim of landlord is not warranted. Also, at the time of handing over the apartment keys, neither the landlord nor agents who brokered the deal informed me on the deductions.


With regard to deductions for repairs and maintenance, the lease contract states that normal wear and tear is expected. How can I ensure that the deductions by the landlord are valid and do not fall under "normal wear and tear category".


Thanks

My understanding of HK law is that if a tenant stays on after the expiry of a fixed term tenancy, then the landlord is entitled to compensation for that occupancy and that an implied notice period of one month is the norm. Unless the landlord has expressly agreed otherwise, it would be very unreasonable for a tenant to just stay on after expiry and just walk out whenever suited him/her.


Normal wear and tear is not well defined and there are frequent disagreements as to what constitutes normal wear and tear. A good touchstone is that if the landlord has to repair or repaint anything after a single two year tenancy in order to lease the property on equivalent terms (after allowing for changing market conditions) then it is not normal wear and tear. Most landlords (or their agents) will usually take photos to show the condition of a property at the commencement of a lease and tenants are well advised to do the same.

Namlas, I understand your question. You signed a lease for 24 months and the day the lease expired you handed the keys in as your lease had expired. The landlord has no right to expect you to offer 1 month notice as you were leaving as per the contract.


As they did not ask if you wished to extend the lease and you did vacate the apartment of the day the lease expired they would only be entitled to take money to cover and R&M issues created by you over and above fair wear and tear. Anything more than that would be wrong.

Many thanks to all of you. It seems to be my contention is correct. Now what is the alternative available through which I can recoover my money (esp. the 1 month security deposit). Hiring a lawyer would be an expensive proposition. Can I lodge a complaint with Police?

small claims court is the way to go. but frankly even a court ruling from the SCC can't be enforced so you might never see your money again so dont get overinvested.