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Break-Lease clauses
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| posted by spannermonkey 105 days ago |
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Morning troops,
I am going through the motions of finding somewhere to rent and I have a 24 month lease contract to consider for a flat. The things that is causing me some concern is the break-lease clause. Basically it says I can break the lease after 12 months, with 2 months notice (so 14 months then), but this is interesting bit - To qualify for the break lease terms I have to be leaving hong kong. Now I spoke to my agent and shes says this is common practice and nobody would find out if you broke the lease and didnt leave honky.
However, I'm not so sure as afterall, this is a legally binding document which you sign and by doing so agree to the terms therein.
Anybody any experience in this situation?
Ta.
http://www.marisamiller.com
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| Senior Member |
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| posted by Load Toad 105 days ago |
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Never had that - but mostly my rental contracts have contained a diplomatic clause:
quote:
1. Diplomatic or Repatriate Clause
This clause is to safe guard you if in the event you are no longer employed, transferred to other countries, you can terminate the lease after 12 months by giving 2 months notice. Thereafter, the security deposit will be refunded to you. Please note that most landlords will only include the diplomatic clause if the lease is more than a year.
How the hell would a landlord know if you were leaving HK or not?
Deleted by Donald.
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| Fundy |
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| posted by adfundum 105 days ago |
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Never seen it before in that fashion.
The leaving Hong Kong clause should apply only if you are leaving (read: relocated) from Hong Kong within the first 12 months.
After the initial 12 months, both parties should be able to give 2 (or even 1) months notice freely, without restrictions.
Feel free to put some pressure on your agent, or change agents altogether, they're rarely on your side...
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Even sick puppies need love...
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| posted by spannermonkey 105 days ago |
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quote:
Originally posted by Load Toad
Never had that - but mostly my rental contracts have contained a diplomatic clause:
quote:
1. Diplomatic or Repatriate Clause
This clause is to safe guard you if in the event you are no longer employed, transferred to other countries, you can terminate the lease after 12 months by giving 2 months notice. Thereafter, the security deposit will be refunded to you. Please note that most landlords will only include the diplomatic clause if the lease is more than a year.
How the hell would a landlord know if you were leaving HK or not?
Would he not have the right to seek evidence? ie, a resignation letter etc.
http://www.marisamiller.com
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| posted by tiger lily 105 days ago |
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Can't you take a tour to Bangc**k , Taiwan etc to fullfill the clause if needed.
When the power of love overcomes the love of power the world will know peace.
-Jimi Hendrix
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| posted by Load Toad 105 days ago |
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I can write you one o' them any time y' want sunbeam!
Deleted by Donald.
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| posted by tiger lily 105 days ago (edited 105 days ago) |
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Come on I only said : Bang c o c k.
When the power of love overcomes the love of power the world will know peace.
-Jimi Hendrix
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| The Designer |
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| posted by HKBloke 105 days ago |
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I agree. Why not leave Hong Kong......and then just come back again. I guess you need to post the clause here to see the actual wording.
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| posted by EmilyBronte 105 days ago |
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Spanner, thats always been in my contracts as an extra clause within the first 12 months as Fundy says, never the only break clause.
Unless you are getting some major discount for signing a 24 month unbreakable lease, I wouldn't even bother .
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| Fundy |
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| posted by adfundum 105 days ago |
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quote:
Originally posted by EmilyBronte
...Unless you are getting some major discount for signing a 24 month unbreakable lease, I wouldn't even bother .
Agreed!
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Even sick puppies need love...
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| posted by The Cerne Abbas Giant 105 days ago (edited 105 days ago) |
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Agree with Emily. You need the special break clause within the first 12 months should you get sacked, or change jobs and have to leave Hong Kong. You might consider being prepared to show proof of termination of employment.
My current break clause for the second year is 1 month's notice after 11 months.
Anyway, the agent is talking b*****ks. That contract is no more 'standard' than hundreds of others. Just go through it, and mark it up with your desired changes of wording. If the landlord doesn't agree to what's important to you, go elsewhere.
Watchu talkin' about Willis?
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| posted by spannermonkey 105 days ago |
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quote:
Originally posted by HKBloke
I agree. Why not leave Hong Kong......and then just come back again. I guess you need to post the clause here to see the actual wording.
Break Clause : LL WANTS CONDITIONAL BREAK LEASE i.e Diplomatic.
Tenant would have the right to early terminate the tenancy after the first 12
months of the tenancy by serving the landlord a 3-month prior notice in writing (such notice shall expire on the last day of each calendar month). This right is only exercisable in the event that the Tenant leaves Hong Kong after the minimum period i.e. 14 months.
http://www.marisamiller.com
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| The Designer |
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| posted by HKBloke 105 days ago |
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right - so leave hong kong by popping over to macau for the day.
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| posted by Gimpmask 105 days ago |
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3 months prior notice?! That's pretty harsh....
Tell them to f off.
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Having testicles is like being chained to the village idiot.
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| posted by Zebedee 105 days ago |
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Spanner - I wouldn't worry, break your lease and get on with it fella....the key point here, is clearly no time frame is given for you to leave Hong Kong, so you can always respond 'Yes, I am leaving......at some point !!'
Z
Whatever...
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| posted by tiger lily 105 days ago |
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May be it was purposely written like that to give leeway.
When the power of love overcomes the love of power the world will know peace.
-Jimi Hendrix
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| Regular Member |
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| 2664 Posts |
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| posted by tiger lily 105 days ago |
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These landlords wouldn't want to make trouble, their time is money.
When the power of love overcomes the love of power the world will know peace.
-Jimi Hendrix
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| Regular Member |
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| posted by spannermonkey 105 days ago |
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quote:
Originally posted by tiger lily
These landlords wouldn't want to make trouble, their time is money.
and so is my two months deposit.
http://www.marisamiller.com
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| Fundy |
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| posted by adfundum 105 days ago |
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quote:
Tenant would have the right to early terminate the tenancy after the first 12
months of the tenancy by serving the landlord a 3-month prior notice in writing (such notice shall expire on the last day of each calendar month). This right is only exercisable in the event that the Tenant leaves Hong Kong after the minimum period i.e. 14 months.
Totally unreasonable and not standard at all (no matter what your agent says).
I doubt very much that the 14-month bit is even legal under HK law, but I'm not an expert.
If the above is what your agent/landlord is serving you up, steer clear of both of them!
PS: Don't know where you're intending to move to, but if you need a reliable agent in Tung Chung area, Beer Boy and I know a couple...
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Even sick puppies need love...
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| Senior Member |
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| posted by Paps of Jura 105 days ago |
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TC is not where we are heading... thank the frigging lord
Dib Dob nib knob
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| Fundy |
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| 10687 Posts |
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| posted by adfundum 105 days ago |
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With that kind of attitude, you wouldn't make it past the residence commission in any case.
(Unless you bribe Beerboy and yours truly with heavy lashings of apple drinks and promises of entertainment, like DBI did...)
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Even sick puppies need love...
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