Breaking rental lease - advice needed

Hello, I would like some advice on breaking a rental lease. I moved into this flat last December (with a one year lease). I guess the landlord had recently purchased the flat just prior to renting it out to me, and didn't do much except white wash the walls. She reveiled that she purchased the flat at a good price, but never did much of an inspection beyond the visible surface condition of the flat prior to renting it out. However the flat is riddled with problems that seem never ending.


3 air cons were broken and caused water damage to one wall in our bedroom, as well as water damage to the outside of our 3 level village house (much to the displeasure of the ground floor tenants). This problem took close to 3 months to eventually get fixed as the ground floor tenants complained to the government. Our agent is useless and the landlord seems very reluctant to do anything. After a lot of effort the aircons were fixed but nothings been done about the water damage to the walls, as well as the half assed job the workmen did in patching up a hole in the wall left by the old air con (they put in a piece of glass that they had accidently broke into 2 and then used tape to seal it together)


We recently found out that we have in infestation of termites after 3 outbreaks of bugs everywhere but had chalked it up to just living in the new territories, but after asking the other people in our village(who did not have these "white ants" everywhere inside their flat) we had a professional pest control person come and look at it. We have termites! Hooray!


Also whenever it rains heavily, the rooftop (which was converted into a kitchen and living area) gets a lot of water coming in and pools on the floor. The electricity on the roof is also a bit sketchy where some outlets need to be replaced (scorched on the surface and deemed as dangerous by another repair man).



On top of this the landlord still has not provided one single rental receipt for us even though we stipulated that we wanted them from the beginning. When we ask our agent about this we always get the same old..."she's busy blah blah blah" response.


I have withheld rental payment this month under the conditons that: I want receipts, the termites to be "terminated", the walls fixed, and the something to be done about the flood upstairs whenever it rains, oh yes and I'd rather not be electrocuted while ironing my shirt some morning.


Do I have sufficient grounds to terminate our rental contract. The landlord has a 2 month deposit, which I don't expect to ever get back. Judging by previous advice on this forum, I should use this as this month and next months rental payments and find a new flat for July.


Is this within my rights?? The landlord took forever to fix the aircons and now with the termite problem (est. 4000-5000 hk$) along with the other things which need to be repaired, I don't forsee any quick response. I'm unhappy with the inconveniences caused by this, however the termites are unexceptable.


What would the best course of action be. I guess I would be willing to stay if everything was repaired in a timely fashion but I'm thinking that this is a fantasy on my part. Should I just put up until the end of next month and then leave?

As that way at least I will make use of my deposit (in that I don't expect to ever see it again anyways) and leave the landlord to repair, sell, or do as she wishes with it?


Any advice would be appreciated.

Thanks.

Your case involves complicated legal issues of landlord's liability to repair the premises on the one hand, and third party liability (the owner of the roof top structure) on the other. It also involves your right to tenancy and your obligation to pay rent under the tenancy agreement. It is necessary to study in great detail the terms and conditions of the tenancy agreement before we are able to provide further legal adivce to you. We suggest you to attend our office of Messrs. Weir & Associates (Address: Room 2108, 21st Floor, Gloucester Tower, The Landmark, 11 Pedder Street, Central, H.K.) for an initial conference. We undertake to give a privileged rate of $2,500 for the initial conference. Please contact our Mr. Weir or Mr. So.


Weir & Associates

Solicitors & Notaries

Tel : 2526-1767

Fax : 2868-3568

email : weirlaw@hongkonglaw.com

www.HongKongLaw.com/weirlaw

New Information:

The landlord agreed to let me out of the lease(as the flat is unlivable at the moment and I had to find alternative living arrangements under the circumstances). I was told to settle the power and water bills and to be out by the 1st of the month (all of which I did (all within 2 days!!)and the landlord would meet me at the flat to collect the keys and give me 1 and a half months deposit back (as I stayed there for 2 weeks without paying rent). However as the time for our meeting came and went.... no landlord. After many phone calls, he said that he was sick and couldn't come. No alternative arrangenments were made as he said he would call back but never did and then switched his phone off. I think he is just giving me "the run around" so to speak.


In hindsight, I foolishly took someones word and have already aquired a new flat and paid another 3.5 months upfront + moving expenses + lost some furniture as it was affected by the continuing water and termite problem. My question is... what course of action can I take?

Obviously I would have stayed in the flat until my deposit was used up, however it is unlivable at the moment. I had a verbal agreement with the landlord (which I was going to get documented when we met but alas...) which I can prove as I needed a colleague to act as an intermediate as we can't communicate directly.


Is there anything I can do? I know that a landlord must return a deposit within a 7 day period after damages are accounted for. However, under the circumstances I feel that I was being generous not asking for my furniture to be replaced and for my alternative accomadation to be paid for. If I don't hear anything after 7 days, what should I do? The flat is empty and needs major repairs soon as the termites are inside the baseboards and stairs and water continues to come through cracks in the walls. I was trying to be reasonable and fair in all of this, but I have a strong feeling that he has every intention to cheat me.


I just can't believe that someone could be so dishonest and untrustworthy. Please give me some advice if possible.

Will do, thanks for the advice. The letter is being translated into Cantonese at the moment so there can be no excuses.

Thanks again. I hope it works

I posted a letter registered mail yesterday asking the landlord to live up to his word. I have called at least 25 times since this weekend and sent numerous text messages pleading for him to contact me however still no answer. I guess this Thursday 8th June 2006 will be 7 days from when we arranged to meet to exchange the keys and return the deposit, so I will go to Wan Chai on Thursday to file a claim if no reply is received by then. (however I doubt that the landlord would even show up for the hearing)


I have also added a new deadbolt to the premises last night to make it difficult for the landlord to enter the premises without contacting me first. If the door is broken down then I will contact the police. However, I would gladly hand over the keys if he would only be a man and not a sneaky rat and answer his phone. The termites and water problems continue to cause damage to the property however I will not allow any one to enter without receiving something in writting from the landlord that he will return my deposit as previously promised.


Note: the flat also has an illegal structure on the roof top. If this gets even nastier, who could I report this to out of spite!

I understand your reasons for adding the deadbot. However, legally, adding a new deadbolt is a stupid idea. It is inconsistent with your claim that the lease is terminated.


If you claim that the lease is terminated, all you have is a claim against the landlord for the deposit. That is a civil claim, just like claiming for a debt owned to you. You do not have the right to lock up someone's premises because of that. You only have the right to lock up something that you have property possession, ie, you are still owning or leasing it.

You can go to the Lands Tribunal in Kowloon and they have a help desk in their foyer during office hours and they always have an English speaker there. Prepare your questions in advance and they are extremely helpful and can save you some money.

Old Hand,

Thanks for the advice. The letter worked. Met the landlord on the weekend and he gave me back my deposit and I gave him the keys. Thanks to all who offered advice.