Early Termintion of rental Lease

Posted by delatte (185 days ago)

I am moving from Hong Kong for profesionnal reason 3 month before the end of my rental lease. My landlord is asking me to pay 3 month. Can I prematurely terminate a domestic tenancy for profesionnal reason? If not is there any option ?
thanks
ALD

(I am based in Hong Kong)

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Posted by foxmulder (185 days ago)

On the assumption that you signed a lease for a fixed period, I don't think you have much option. The landlord will have had your rent in advance and taken a deposit. If you simply leave now without notice or paying for the remaining three months, he will simply deduct everything from your deposit. It would be very surprising if there was anything in your lease which would allow you to leave prematurely for personal reasons. Hong Kong landlords are accustomed to renting to expats some of whom have to leave unexpectedly and want to wriggle out of their responsibilities, so they draft of their leases on a "wriggle-free" basis.

Although your lease will almost certainly say that you cannot assign or sublet the tenancy, you might try and sneak somebody in on a temporary basis without your landlord's knowledge for the remainder of your tenancy. You would, however, remain personally liable under the terms of the lease. You would have to be confident that this person would leave at the end of the three months and will look after the property -- you would be responsible for dilapidations which went beyond mere "wear and tear".

If you are not prepared to risk that, you will probably just have to accept the fact that you must meet your obligations.

As a general warning to expats looking to lease apartments, it is worth trying to negotiate a "break clause". For my part, I have a 12 month tenancy which allows me to terminate on one month's notice to expire no earlier than the end of the first six months. So, basically, I can leave at any time on one month's notice but with a minimum of six months.

(I am based in Hong Kong)

Posted by ppatio (185 days ago)

3 months left on your lease ? two months deposit with your landlord ?

assume that you will not get your deposit back. so that will cover the last two months rent (that means: you do not pay the last two months).

my suggestion: rent out the apartment for the last three months as a short-stay. that way, you do not lose any money, and the lease has been fulfilled as per contract. since you have left HK, and the landlord knows this, there is is very little -say- no chance of legal complications.

you are happy.
landlord happy.

(I am based in Hong Kong)

Posted by TC Ng (184 days ago)

Check you lease and see if it has a clause relating to sublets. If sub lets are prohibited this will prevent you from leasing the appartment for a short-stay so in essence you will be in breach of contract. Even though you have left HK your landlord can proceed with legal action which could well come back to haunt you should you wish to either reside or visit HK in the future.

Try to negotiate with your landlord and see if you can both reach a compromise. If not your only recourse if to meet your obligation and pay up.

(I am based in Hong Kong)