Return of Deposit where no lease was signed

Posted by tallguy (275 days ago)

I recently moved out of an apartment for which I had no lease. The landlord agreed to return my deposit and the rent I had just paid. To date, she has not returned the last month's rent. Any advice? Am I precluded from bringing an action in small claims because there was no signed lease? The landlord still rents to others without a lease. Would inland revenue take a dim view of this? Any comments would be appreciated.

(I am based in Hong Kong)

Posted by GreenValleys (273 days ago)

I think you are at the mercy of the landlord. No lease = no real obligations (on either side). Good luck, though, because she sounds like a money-grabbing you-know-what.

(I am based in Jakarta)

Posted by Havefaith (273 days ago)

Although it is possibile to create a legal relationship without a written contract in some cases, leases re: Hong Kong properties are not one of them. A lease for Hong Kong properties not only has to be in writing it also has to be stamped at the SDO in order for it to be admissible in Court. I dont think you will get very far in Court (small claimes or otherwise) if the Court does not consider there was a lease between you and your landlord.

HF

(I am based in Hong Kong)

Posted by tallguy (273 days ago)

As a follow up then, she is still renting to others. I suspect doing the same too - not making good on returning deposits. What about inland revenue? It seems someone should care about her not claiming the income.

(I am based in Hong Kong)

Posted by GreenValleys (272 days ago)

In the absence of formal lease docs it's quite possible the IRD isn't aware of the additional income stream. For sure they'd be interested - as they are in almost every case of tax avoidance.

(I am based in Jakarta)