[IQ Balls]

Hey all,

Has anyone been through this?
How possible is that and what compensation can the owner demand?

Our lease is not due till Jan 07. And we need to relocate end Sept 06 to Shanghai. As usual, we have a 2-month bond with the owner.
Not sure if it's realistic to get that back.

But if we can't find someone to take over, what happens next?

[discobay]

Is your lease contract a one plus one and if so are you past the first year?

[nation]

Also is it your employer that's forcing the move? If yes they should assist with the costs if negotiation with the landlord fail.

[texasaxel]

Sorry to hijack your thread but I have also have a lease cancellation question:

My current two year lease expires December 31, 2006; there is a possibility that I will have to relocate out of HK in the first half of 2007. I understand that unlike in some other countries I've lived where I could cancel leases with three month notice at any time after the first year, in Hong Kong the 'no lease cancellation within one year' period starts again every time an existing lease is renewed; thus, treating existing tenants every two years as if they are new tenants, who just moved in. Is this correct?

My idea was to tell the landlord that I might have to move and ask him to build an out-clause into the renewed contract. Is this unheard of in Hong Kong or do you think it's a reasonable request?

[freeier]

i think the clause is possible, but i suspect the landlord wld ask to put a similar clause where he can break the tenancy agreement giving u 3mths notice. i.e. reciprocate clause... do u want that ?

in singapore this is something called a diplomacy clause. if u are posted away the lease can be broken.

[Asian1]

Either you pay up or the triad tracks you down and does a little harm.

[mjk]

Originally Posted by IQ Balls

As usual, we have a 2-month bond with the owner.
Not sure if it's realistic to get that back.

My landlord came up with this strange idea:
If I have a one year contract, the rent is 12,000 and the deposit 12,000 (1 month) and I break my lease after 8 month, she will keep 12,000/12 * 4 and give me back the other "8 month deposit".

In the end it worked very well for me, as my company covered the "4 months" I lost. And before I forget to mention, that was in Singapore, not here in HK... just thought it gives you an alternative while negotiating.
Good Luck!

[IQ Balls]

Originally Posted by discobay

Is your lease contract a one plus one and if so are you past the first year?

It's a 1 year contract we signed. And we put a deposit of 2 months ($10,000 x 2).

Because it's not a one-on-one, i'm not sure if the rule applies to us that you can only break bond after completing the 1st year...

Also the employer is not "forcing" us out, thus there's no way that they'll help to bear any costs (i'm assuming). Plus the contract is not signed between my husband's company and the owner. It's signed between he and the owner. Thus the company is as good as out of the picture (that again i'm assuming). The company only provided an agent to help us find this place.

Thanks for all your advice...!! At the meantime, our plan is to find someone willing to finish our lease, before informing the owner that we want to move out. Hopefully it'll ease him of finding a new tenant, and he'll be nice enough to give us back our bond money??!!

[discobay]

I see. It is highly likely that the lease you signed forbids you from leaving before the end of the contract. You are probably permitted to leave after either party has given two months notice.

Check the agents for indications as to whether the rental prices have gone up. If they have then you have a chance to negotiate with your landlord who may see this as an opportunity to increase the rent on your early departure.

[cerberus]

worst case scenario you lose the deposit.