[hyshum]

I've recently signed a leasing contract for a 2 bed-room flat in Wanchai, I was planning to find a flatmate to share the cost, but all my friends said there would be lots of hassles to share flat with stranger. Also, it is clearly stated in my contract that sub-leasing is forbidden. There is no way for me to break the contract without surrendering my 2 months deposit now.

I wonder what is the risk I would face if I sub-lease the whole flat to an expat whose rent would be paid by his company (I would act as the landlord, and the contract will be stamped). Or I move in anyway and look for a flatmate without signing any contract with the sub-tenant? In either case, is it illegal?

[KnowItAll]

Not criminal ... but subject to breaking a civil contract with your landlord.

Also, your contract with the people you sub-lease to, cannot be enforced as you do not have the right or authority to negotiate and sign that contract.

[hyshum]

Thanks for your legal advice, KnowItAll.

How about if I found a flatmate? Does that violate the tenancy agreement and entitled the landlord to terminate the contract without giving me back my deposit? Also, do I need to sign any contracts with the flatmate if it is a short term lease? And if that isn't a common practice for sharing flat, how am I suppose to protect myself if the sub-tenant doesn't pay the rent and refuse to go after moving in?

[jimbo]

Best thing to do is not sub contract at all!

your options really are

1. forfeit the deposit and find somewhere else

2. Try and get somebody to take over the lease agreement direct with the landlord.

[hermoine]

Or.....

>>>if I sub-lease the whole flat to an expat whose rent would be paid by his company
Refer the expat to your landlord and try to pursuade your landlord to break your lease and sign with the expat instead, and insist on getting the deposit (or part of it) back.

>>>There is no way for me to break the contract without surrendering my 2 months deposit now.
If you have prepared for the worst, why not take the risk in talking to your landlord and ask for the possibility of adding your proposed flatmate's name into the lease.

[KnowItAll]

Most flatshares are done under the table ... cash deals.