[Alby]

The building I have been living in for almost 2yrs needs to have the outside walls redone according to the posting left by the Housing Authority outside my doorway for my landlord. The reason given is age and weathering. There are other apartments in my complex that have the same notices.

The situation is that I have more than three months remaining on the current lease. The notice left by the Housing Authority for my landlord states that all work must be completed within sixty-days. The landlord is telling me, verbally, that I have to move. However, the only seemingly relevant clause in my lease states:

"The Tenant shall permit the Landlord and its agents with or without workmen or others and with or without appliances at all reasonable times to enter upon the premises and to view the condition thereof and to take inventories of the fixtures therein and to carry out any repairs to the premises which the Landlord considers necessary or proper to be done."

I would like to hear people's recommendations on how to proceed and handle such a situation.

I am hoping that the Knowledgeable and Wise Geoexpat community can offer me sound advice.

[Alby]

Having a closer look at the document the notification was not in fact issued by the Housing Authority but the Building Management Office.

Any advice and assistance is appreciated.

[dansande]

Is the work of such a nature that you must vacate the premises for it to proceed? I really doubt that is the case. It could be very noisy during the day, but I think you could reasonably remain in your flat while the outside walls are being repaired. They did the same thing a while back at my building and no one tried to tell us to leave. Your lease probably says something to the effect that either party has to give between one and three months notice to terminate the lease before its normal expiration. The landlord cannot simply require you to move. If there is no clause relating to early termination then the landlord cannot ask you to leave till the lease expires in three months, full stop.

[Alby]

Originally Posted by dansande

Is the work of such a nature that you must vacate the premises for it to proceed? I really doubt that is the case. It could be very noisy during the day, but I think you could reasonably remain in your flat while the outside walls are being repaired. They did the same thing a while back at my building and no one tried to tell us to leave. Your lease probably says something to the effect that either party has to give between one and three months notice to terminate the lease before its normal expiration. The landlord cannot simply require you to move. If there is no clause relating to early termination then the landlord cannot ask you to leave till the lease expires in three months, full stop.

Thank you your advice is appreciated!

[wtbhotia]

the first 12 months both the owner and tenant cannnot terminate the contract. After the first year is up then both parties can give 1 - 3 months notice to terminate the contract (lease). If your on your second year, the owner has the right to ask you to leave if he gives you proper notification. Double check you lease.

[Alby]

Originally Posted by wtbhotia

the first 12 months both the owner and tenant cannnot terminate the contract. After the first year is up then both parties can give 1 - 3 months notice to terminate the contract (lease). If your on your second year, the owner has the right to ask you to leave if he gives you proper notification. Double check you lease.

wtbhotia - Thank you, your reply is appreciated!

Yes, I am almost at the end of my 2nd year ... I have three months and twenty-something days left. The lease says that notification needs to be given with a period of two months with "written notice" however she has not yet put anything in writing she has only over the past week made verbal statements.

Is it safe to assume she has not given official notice yet?

If she wants me out before the contracted notification period state in the lease am I entitle to anything? Such as moving expenses, reimbursement of deposits, property agent expenses, etc.

My lease states nothing regarding this type of situation but I have been trying to locate what the law states in Hong Kong for tenant's but have not been able to locate anything just yet.

Today she said she wanted me to move by early next week ... which is just not possible.

Further insight and thoughts are appreciated and welcome.

[KnowItAll]

>> Today she said she wanted me to move by early next week ...
>> which is just not possible.

Really don't think that this can be done as per the lease.

They would have to give you fair notice as per the agreement.

Probably just trying to use an excuse to get you out so that they can release the flat at a higher rate when the repairs are done.

What is the notice period on the lease?

[Momo8]

Hi KnowItAll,sorry to hijack sombody else's thread but Alby are you a lawyer? You have extensive knowledge about all these things pertaining to leases.Kudos.You've been a great help to novices like me.Good luck Knowitall!Hope it all works out for you too and thank you again Alby.

[Alby]

Originally Posted by KnowItAll

They would have to give you fair notice as per the agreement.

Probably just trying to use an excuse to get you out so that they can release the flat at a higher rate when the repairs are done.

What is the notice period on the lease?

the notice period is two months....I do agree with you I suspect that she wants to do repairs then lease out at a higher rental rate!

Originally Posted by Momo8

Hi KnowItAll,sorry to hijack sombody else's thread but Alby are you a lawyer? You have extensive knowledge about all these things pertaining to leases.Kudos.You've been a great help to novices like me.Good luck Knowitall!Hope it all works out for you too and thank you again Alby.

Momo8, no I am NOT a lawyer - however the situation you have cited in your own posted thread "Break Lease" is something I have personally been through here in HK. Having learned from that experience .... I now hold a lease with the landlord entirely in my own name - thus assuming all the legal responsibility and when I have a flat share situation I tend to have a shared tendency agreement between the person who will be sharing a flat with me. The agreement acts as a safety for those maybe and just in case situations similarly to the one you site in your own thread.

When I don't hold the lease and enter into a flat share I do ask for an agreement as it has helped make things cut and dry and not so difficult.

[wtbhotia]

http://www.globalpropertyguide.com/c...6&cid=as&cat=6

check out this website, if the owner wants to evict you it will take her 190 days after going through the court process and probably forking out a load of money. Haaahaaaa

The only reason that the owner is trying to kick you out is because she will probably have to fork out her share to have the exterior of the building fixed. After its fixed she will increase the rent up 20-30% to try and get that money back ASAFP.

Best thing to do is to tell her that the agreement says 2 months notice in writing, if she just ignores you and still insists on you moving next week, tell her that you will see out the agreement and dont pay the last 2 months rent. Most landlords will try their best to deduct this and deduct that. Its all BullS@#t. if the releationship between the landlord and you gets really crappy, definately dont pay the last two months rent as u might not see the deposit back.