Terminating rent, landlord didn't respond



ORIGINAL POST
Posted by kolz 11 yrs ago
We lived in a small apartment in Quarry Bay for more than a year, and earlier in February (2nd to be exact) I sent my landlord a notice of termination through e-mail. FYI, my rental fee due on every 5th of the month. After that, I also notified her about the email through phone sms. The reason why we didn't talk to her directly because she is impossible to get in touch. Not even the property agency who refer her flat to us can help us.


We requested for the two-month deposit to be returned back to us, but since she didn't respond by the 5th of February we amended our request so that we could use one month of the security deposit money to pay for February instead. She still didn't reply.


Over weeks, my wife tried to get in touch with her. In fact, her phone voicemail went full about a week ago because we kept leaving message to her. On the rental agreement her phone is the only contact I can find, even her email address I have to ask the plumber (a couple of months back there were leaks in the flat so she dispatched her plumber, and for that she even didn't talk to us, not a word).


A couple of days ago, the property agency advise us that because the landlord previously agreed to offer us a rent free period (from 26th to 4th), it would be wise to give her the flat back on the 26th. So we complied, and we revised our email again that we will, if she respond, hand-over the flat to her by the 26th.


And now it's 24th already!


So, lads and gents, I humble ask for your advice on how to resolve this matter. Whether I had done wrong or not, or if there's anything that I haven't done, it would be great to hear of your advice. Both me and my wife are frustrated about this, but we really need that one-month rent money as it will help us with our moving. Appreciate in advance.

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COMMENTS
kolz 11 yrs ago
thanks cara for your advice, we thought that we count the one-month notice ahead on the day the rent is due, which is always at the 5th, hence my first email is to request the handover on the 5th (which i sent on the 2nd of Feb, which in this case counted for a month).


After reviewing the agreement again, it seems that the landlord gave us a rent free period when we entered the contract, from the 26th to the 4th. We assumed that we have made a mistake and therefore amended the date of handover to be on the 26th (which is 2 days from now). I am not sure if the 'one-month notice' means from the date of asking for termination, or is it always on the date of which the contract is signed, or the date in which the rent is due?


As far as I know, when I requested the first time, the handover will be on the 5th (of march) and I told her that on the 2nd (of February), which makes the timing sufficient. The reason we changed is because we are aware about the rent-free period plus the property agency told us it is better to say 26th instead of the 5th.


This is where the confusion seems lie. I don't mind handing this over to her on the 5th, as this is my original plan anyway. But since we have no news from her, I don't know her respond.


Maybe the question is: 1-month notice required means the day on which I sent her the first notice of termination request? and, what can I do if the tenant didn't respond at all? Thanks.

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kolz 11 yrs ago
hi Cara, i understand about the fuzziness. I just hate the fact that I can't contact the landlord, and seems that the other side just want to shove this under her bed and let it pass. I was just half lucky that I didn't pay for this month's rent. If I knew it will be this hard I won't pay it on January either. Anyway, thank you for your kind assistance.

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