Facts: My 2 year flat lease will be expiring in the next 2 weeks. It is a fixed term lease with an option to renew. I have not heard from the landlord regarding renewal. But my friend saw my flat advertised for rent (at a 25% premium!!) on a property website (which I confirmed with the estate agent is a current posting). There is no contractual notice of renewal right in the lease.
Question: If the landlord tells me on expiry date (Dec 31st) that he/she would like to me vacate the flat immediately, what would happen if I just stayed & paid the rent for 1-2 months which I consider a reasonable amount of time to find a new place?
Thanks.
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Are you serious?
The day the contract ends you are now trespassing on property that you have zero legal right to be inside. You'd be lucky if the landlord did not show up with the police to kick you out onto the curb immediately.
Call up your landlord immediately and see if you can negotiate a contract extension. If you cannot reach a deal then you must begin an apartment search tonight and begin packing your things.
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Lucane01 is correct - you have no right to remain in the property after the expiry of the lease and will be liable for damage and loss suffered by the owner if you do. Hong Kong being Hong Kong, it is unlikely you will get your deposit back.
Call the landlord asap.
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sorry guys you are both wrong. under hong kong law the lease automatically renews by 1 month if no notice is given and the tenant pays the rent (you can't pay more than 1 month ahead though)
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Cookie,
I'm no lawyer, but I believe you are wrong. In 2004 the HK government repealed the "right" of a tenant to perpetually and unilaterally renew their rent. As it stands now the landlord has sole authority to boot out any tenant once the contract has expired.
Page 2 http://www.rvd.gov.hk/doc/en/SummaryGuide-e.pdf
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IF as you say the lease is for a fixed term then it ends on December 31, 2013 and you would be overstaying if you unilaterally stayed after that day. You have NOT exercised your extension of the lease by taking up the option. You should move out and request your deposit be returned or ask your landlord to extend the term for two months on the same terms and you will agree to move end of Feb (better for him to rent out after Chinese new year!!).
Weir & Associates
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16th Floor Tak Shing House
20 Des Voeux Road Central
Central
Hong Kong
Tel : 2526-1767
Fax : 2868-3568
Email : WeirLaw@WeirandAssociates.com
www.WeirandAssociates.com
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