Return of Housing Deposit

Posted by AdelaideBoy (975 days ago)

Need some advice. Moved out of my apartment in a hurry last month and owner lives in Australia and has not returned my deposit. I have been constantly hounding the agent for the return of deposit, but he has done nothing to help me! Is there any legal action I can take out against the landlord or any other way to get my deposit money back??? Would appreciate if anyone could help on this matter!

(I am based in Hong Kong)

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Posted by oldhand (975 days ago)

under the "typical" contract the landlord is obliged to return the deposit not later than seven after returning property. So if the seven days have expired, write a letter, registered post advising him to return the deposit without further delay. If you do a property search you will find the owners registered address, HKID number, etc and perhaps a co-owners contact details. Search only costs $10 at govt. lands dept.

If it is less than $50K go down to Wanchai court, small claims tribunal and make a claim - it is cheap, quick and no legal representives are permitted. If it goes to court, your costs excluding time should be returned too.

However, many landlords might prepare a counter cliam stating that the premises was damaged and the deposit is kept to restore the origianl condition, etc. it is an old trick.

good luck

(I am based in Hong Kong)

Posted by hung chien yi (180 days ago)

Yes, even though it is an old trick, but still some landlords use it over and over again. My problem is the landlord had refund part ($80,000) of our 2 months deposit ($102,000) and claimed that the rest ($22,000) will be calculated after the electricity and water bills arrive and will deduct accordingly and make a refund to us. After waiting for more than 2 months, i sent a fax to him and asked if the bills have arrived, and he replied with a long letter claiming damages
(1) for $42,000 for nail holes on the wall (we hang paintings on the wall, so there are nails; i checked the lease right away, no clause mentioned about wall - nailing is not allowed)
(2) for $10,000 for scratched floor in dining room area, which we had spotted when we moved in and told him about this already through agent, but it was 4 years ago, and we don't have any written prove on this.
(3) for scratches on the steel counter cooking stove, he said it is permanent damages and can't be repaired. I checked town gas, to replace a same new one is $3,480.

He gave me 2 options:

(1) he will forfeit the deposit $22,000 for the damages we made and reserve the right to claim any outstanding sum.

(2) i do the repair and he will refund to me.

the trick of option 2 is the repair job has to reach his satisfaction and how would i know if he will make the refund after i pay for the repair???
Can anyone give me some advise!!!!!

(I am based in Hong Kong)