Posted by
leghk
17 yrs ago
Hi! I am currently renting (6 months left) on Park Island but due to (totally unforeseen) family issues I have to leave HK within the next month.
I am sure that I can find a tenant to replace me as really nice flat, cheap and am offering some good incentives. However, if I do not succeed
a) is the landlord likely to accept 2 months deposit as compensation (willing to stretch to agency fees to find another tenant as well)
b) if not and he goes to court for remaining months rent, will this affect me getting a HK work visa in the future?
Many thanks for any help/advice you may give me.
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aemom
17 yrs ago
I'm sorry I don't understand why a dispute with a landlord would affect your ability to get a work visa? If you are taken to court, wouldn't it likely be District Court (if $50K+ is owed) under civil jurisdiction.
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leghk
17 yrs ago
Thanks for the feedback.
Is this not a civil matter rather than criminal?
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tdg
17 yrs ago
no offense but think TC Ng's quite cynical about this. People break lease all the time here in Hong Kong - it doesnt necessarily always end up in court. If you've paid your rent religiously in the past, I dont see why an adult conversation with your landlord will hurt any. Explain the circumstances and how far you're willing to go to make the transition easier - better if you have a tenant in mind to replace you ASAP so your landlord doesnt lose a single month's rent. I've had a lot of friends do this already and as long as there wasnt a month the flat wasnt occupied, or the discrepancy was paid for, then what would be the big problem? If he's not amenable, then ask him/her for suggestions and try to compromise. I mean, if you gotta leave, you gotta leave, right? It's not like you're trying to go AWOL. As for the work visa, I do agree that any kind of summons would be detrimental to a future work visa, and I'm sure it has happened. But try TALKING first before assuming the worst.
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ldavy
17 yrs ago
If you advertise for someone to take it over at the same rent, then obviously your landlord would have to agree. It doesn't sound as if he's going to - it sounds as if he's already made his mind up. So there's no point in your advertising at the same price, because he wouldn't accept it. No, you have no legal right to do this because the tenancy agreement you have is between you and your landlord and there is probably a clause which says you may not sub-let, which is what you would in effect be doing if someone was to take over your tenancy agreement rather than starting a new one.
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I also need some advice. I signed a 2 year lease, without any break clause in it, meant to start in August 2009 and paid deposit. I now find I cannot come to HK, so have not even moved in. What is my liability?
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