Tenancy agreements

I recently moved to Hong Kong with my partner. I came to HK in July and viewed over 30 apartment/complexes and quickly discovered that the actual size of the units were much smaller than they advertised. For expamle, 860 sq feet = 640 usuable space. I went with my agent in July and quickly ascertained that anything in the 800 sq ft range was too small for our needs and we stopped viewing these sized flats. I left HK and left the apartment search up to my partner. While I was in Hong Kong I found the complex where I felt we should live and passed that information along to my partner. He then used the same agent that I used, and my agent advised him that the only apartments available were two in the 860 range, and he agreed and rented one with a two year tenancy agreement. I am the first to return to Hong Kong and viewed the apartment with the agent and landlord representative and proclaimed immediately that it wasn't suitable - too small, no cupboards in the kitchen, and the view of another building and a brick wall. Question: Is it possible to break this tenancy agreement? I have not moved any furniture in - in fact I cancelled the movers. Please offer some helpful advice. We paid three months rental deposit up front.

If your partner has already signed a 2 year lease with the landlord, I don't think it is possible at all to break it, unless there was a condition that the acceptance of the lease by your partner was subject to your approval or with any condition at all. What you could do is to try to talk to the landlord about your problems with the apartment and find out if the landlord would allow you to break the lease, otherwise, as an alternative, you could ask the landlord if he or she would allow you to sublease it or find another tenant to either assume your existing lease by assisgnment or simply sign a new lease with the new terms etc. Most landlords would allow you to find another tenant since their bottom line is to rent the place and not to lose any rent at all.


Or maybe you should seek a legal advice now. I know of a very good Canadian lawyer who may be able to give you a good advice on this. Nevertheless, the common sense tells us that if you have signed a lease, then you have to honour the lease. Usually, an ordinary 2 year lease has a break clause that allows you to break it with a 2 months notice but only after you have lived in the apartment for 1 year. I am a real estate broker here.

Thank you - I appreciate your insight. I suspected as much regarding the lease, but your comments about sub leasing are well advised. Thanks again.

You are welcome. Or maybe let a lawyer to look at your tenancy agreement if it is a flawless, legitimate and enforceable agreement without anything missing, such as missing initials or signature or anything that could void the agreement? Otherwise, your best bet would be to convince the landlord to accept a new tenant. If the landlord agrees, the sooner you do it, the less cost to you. Just put an ad in the paper or through here. It shouldn't cost you much. Good luck!

Yes but he already said he didn't like the apartment and didn't want to move in.


What's the idea of spending money to move in and move out later within a short period of time? Unless the landlord does not agree and very firm on his or her position, I still think the best way for you to do is to talk to the Landlord nicely and see if he or she would allow you to find a new tenant to move in. You can keep your cost to the bare minimum if you could advertise it and find the new tenant yourself without relying on other sources. But if the landlord doesn't agree, then it doesn't leave you much choices but either to move in or lose the deposits and/or face any possible legal consequences.