deposit return

I've done a quick search on asiaXPAT and this subject doesn't seem to have been covered for the past couple of years.


We're planning on giving our 2 months' notice to our landlord soon and wondered if it is still common (as older threads have suggested) to pay the last 2 months rent from one's deposit. Our landlord is a company (but I suspect a very small one) and I have no reason to believe they would stitch us up. But then again, it's a lot of money to risk losing. I would add that apart from putting up a few pictures, which we'll tidy up, there is no damage or abnormal wear and tear. We're uncomfortable breaching our contract in this way but if it is typical practice, we may well do this.

You read your lease, 9 out of 10 times you will see you have promised to NOT withhold the deposit but rather pay the rent until the end of your tenancy; however, many people take the view that a promise is just that a promise and 'what's the harm in ignoring a promise' to suit ones views and assumptions. SO, probably 50% of tenants choose to ignore their written promise and just don't pay the rent and point to the deposit. The flip side of this is that less than say 5% of the landlords do anything about this breach of lease......Perhaps the best advice is to speak with the landlord and explain that you want to set off all or a portion of the deposit against that last few months rent and see what they say...the reality is, that they have likely extracted a written promise from you NOT to do this.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw

Thanks Associates,


A figure of circa 50% for tenants not paying rent in their last couple of months is a lot higher than I might have guessed and it suggests deposit concerns are a major issue for people in Hong Kong. I suppose the really interesting statistic would be to know how many of the 50% that do pay in accordance with their lease then get the full deposit back (less genuine damages) in a timely manner. I hope it's a large number and tenants in HK are just a very risk averse group. We're one month down and one to go so we'll probably just pay and hope our landlord does the right thing. If they don't, we'll need some legal advice and I've got your number.

Having rented 3 properties in the past, I have always paid my rent up to the day i move out. I have never had any problems in getting the deposit back.


Simple rule is: arrange to meet on the day of expiry and inspect the flat together. Return of deposit (less any genuine damage - and not wear and tear) will get return of keys.


Landlords are probably just as scared of not getting their property back in reasonable condition as you are of not getting your deposit back.

Hi, I am a landlord and entered a tenancy agreement (2 years with break lease clause after 12 months). My tenant has lived in my apartment for 11 months and now failed to pay rent despite remainders.


Do I have the right to serve him notice to leave the flat for failing to pay rent hence breach of tenancy agreement or do I have to wait the full 12 months before serving him notice to leave the apartment?


Your advice appreciated. Thanks.

Yes, also same answer from Weir & Associates solicitors. I can serve him notice now as he is in breach of Tenancy Agreement.


I have tried to contact him through email and telephone but seems to ignore my messages. Eventually contacted his wife (also tenant in the tenancy agreement) through telephone and she just said she will remind her husband.


I am holding two months deposit and I suspect they will stay in my apartment for two months and do a runner. Hence, deposit will off set the 2 months arrears in rent. However, they will be nothing to cover for damages to the property (if needed). He has two kids which could cause some damages to the property. They have already damaged my built in cooker - which I replaced at my own cost and they were only willing to contribute $500.


What is my next move to protect my position?