[Laowai79]

Hi,

I've been in Hong Kong for about 5 months now. It's a great place, but I HATE my job (I'm a PNET). I live in Shatin in an apartment building that's basically above the KCR station. I pay about 6000 HKD a month. I'm wondering if it's possible for me to get someone to take over the lease? My lease is 2 years but I can leave after 12 or 13 months. However, I don't want to stay that long. (I know, I know, I shouldn't have signed the lease). But, I would like to go back to my own country and forget that I ever worked here. Another reason I want to leave soon is because I don't want to arrive so late in the school year back in my own country (I'd like to be back there to teach by January , at the latest)

Is there nothing I can do? I feel pretty trapped at the moment. Do you think it's even worthwhile to try to make some kind of deal with the landlord? Or will they just say a contract is a contract? I could probably just 'skip out' on the lease, but that doesn't seem very responsible and I wouldn't be comfortable doing it.

Any advice would be greatly appreciated. Thanks.

[freeier]

ended up what i heard is, in a weak market the landlord will tend to be more tough. they'll prob expect you to pay them 2-3 months worth of rental to null the contract, i.e. another 2-3 months rental from the time you vacate the unit.

[kombuchakid]

Skipping is the best option
You may end up losing your deposit and having to pay two to three months more, if you try to do the right thing..

You will feel much better for having skipped,maybe not now but later.

Many people skip after being overdue on the rent and trashing the flat, so your landlord should be glad to see you go quietly.

[freeier]

and make it harder for us remaining in HK island to get a good rental deal next time ?

[kombuchakid]

Originally Posted by freeier

.. harder for us remaining in HK island to get a good rental deal ... ?

Its a good thing then that our man is planning to skip from Shatin, isn't it?

[coolgirl]

why would you need to pay more? is it just forfeiture of deposit?

[freeier]

no.
for hk and sg for that matters, a lease is binding. i.e. if u sign a 2 year lease, you are expected to finish the 2 year lease unless you have added clauses inside allowing you to get out of it under certain condition (most common one is the diplomatic clause when u get posted out of a country).

the rationale is that a lease is to protect the tenant, so that the landlord cannot happily break the lease when the market for rental goes up, and hence it become similarly binding to the tenant.

so legally once u have a lease u cannot break it.
to get out of one u might have to 'pay' to break the lease, especially if the market is weak for rentals.
so it has nothing to do with the deposit or watevers...

[beachball]

Actually, the most common form of (residential) lease is for two years, but with the tenant locked in only for the first year. After that it is generally possibly to terminate with penalty of one or two months rent. All my lease agreements in Hong Kong have been like that. (And in fact, Laowai indicates that despite having a tow year lease she can terminate after 12 or 13 months, so that confirms that point).
So-called ‘Diplomatic clause’ where termination (at similar terms as outlined above) can only be done in case of relocation are more common in Singapore. In practice there is not much of a difference.

The problem is how to get out of the lease within the first year. And the advice that has been given so far is mostly correct, if not exhaustive. You can:
1) Try to negotiate an early termination with the landlord (as previously mentioned, landlord will be more inclined to do this in a booming housing/rental market – in fact if rents have increased substantially in your area (unlikely to be the case over the last 5 months or so, unfortunately) the landlord might actually welcome the early termination)
2) make a run for the border or
3) sub-let the apartment

There is probably a restriction on solution 3) in your tenancy agreement, but there are some creative ways to get a around that. In fact, starting with solution 3) often leads to solution 1): If you find somebody to take over the apartment for you right away (i.e., without the landlord losing rent because of the apartment being vacant), you might be able to negotiate a favorable early termination.
Good luck!

[freeier]

the 1 year option is a mutual option. if u choose to have that option then technically the tenant can ask u to leave as well, giving you one or two months notice as stated in the mutual option clause.

and if there is such an option, its only the 'notice' preiod that needs to be obeyed. you generally do not have to pay any penalty.. ie. you pay till u finish staying but u have to give at least 1 or 2 months advance notice.

[beachball]

No, that is incorrect. The option is only for the tenant, not for the landlord (freeier: I believe you mean landlord in your second sentence, not tenant).
Think about it, who would be willing to take the risk of being asked to move out of the place they are living in on one or two month's notice? Does not make any sense...