Key Guide for Tenancy Termination in Hong Kong
Understanding the tenancy termination agreement is essential in Hong Kong's rental market for both landlords and tenants. This guide outlines 8 crucial points to smoothly navigate the process.
Can You Terminate a Lease Early?
In Hong Kong, early lease termination is contingent on the rental contract's stipulations. Common agreements are 'fixed-term' and 'flexible-term' leases.
- Fixed-term (one year): Early termination is not permitted within the first 12 months under this contract. The earliest a lease can be terminated is in the 13th month, post the fixed term.
- Flexible-term (one year): This type allows both parties to end the lease anytime, provided they adhere to the notice period, typically one month, or compensate with a fee.
The “Break Clause” on the Lease agreement should clearly state conditions and timings for early termination, like a month's notice or a fee equal to a month's rent.
Who Can Issue a Termination Notice?
Both landlords and tenants can issue a termination notice, in line with the lease's notice period. Delivery can be direct or via registered mail for receipt confirmation.
How to Terminate Tenancy in Hong Kong?
Here is the process of lease termination:
- Notifying the Landlord: Tenants should give advance written notice (email or mail) as per the lease.
- Filling Out a Tenancy End Agreement: Complete a formal notice to end the lease, ensuring all details are correct and signed.
- Inspecting the Unit: Check for damages or wear and tear with the landlord to identify any repair costs.
- Restoring the Rental Unit: Clean, repair damages, and remove personal items. Professional cleaning might be required.
- Deposit Return: After completing the tenancy termination process, the landlord returns the deposit, deducting any damages.
Landlord Returns the Deposit
When signing a lease, tenants often pay a total of three months' rent – this includes two months as a security deposit and the first month's rent paid in advance. In common, this is called “Two Deposits, One Payment" in Hong Kong.
The landlord will return the two months' rent deposit once the tenant completes the termination process. If there is any damage caused by the tenant, the landlord may deduct a portion of the deposit as compensation.
Handling Utilities During Lease Termination
Upon lease termination, tenants are responsible for paying for the utilities they have used. In shared rental suites, the rent often includes the water bill, but electricity charges are calculated based on the month's usage.
Deposit Refund Receipt upon Lease Termination
The deposit refund receipt is a very important document when the lease termination. It is a formal record issued after the tenant receives the deposit back from the landlord. The deposit refund receipt should include the following important information: date, tenant's name, landlord's name, amount, payment method, rental address, and signatures. This deposit refund receipt is crucial for both the tenant and the landlord, serving as evidence of the transaction and as a basis for resolving future disputes. Tenants should keep a copy of the deposit refund receipt for future reference or proof of deposit payment.
WhatsApp for Lease Termination
Whether a WhatsApp notification is considered a formal notice depends on the stipulations in the lease. Some leases clearly state the method for notifying the landlord, such as requiring a mailed notice to a specified address to be valid. If the lease does not specify, there's no clear legal answer. With the rapid advancement of technology and the recent use of communication apps, courts have begun accepting conversations from these apps as evidence. The validity of a notice mainly depends on whether it's communicated in a reasonable way and accepted by the other party. It's best to reach a consensus with the landlord, confirming both parties agree to use WhatsApp notifications as a valid method.
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