FAQ - Frequently Asked Question for Tenants
Q. What costs are included in the rent?
A. The lease will clearly specify whether the rent includes management fees, rates, ground rent, etc. In general, utilities such as water, electricity, and gas are the tenant's responsibility.
Q. What is the required security deposit and advance rent for renting a property?
A. There is no legal requirement for a specific amount, but generally, landlords in Hong Kong request "two months' deposit and one month’s advance rent," meaning the deposit is equivalent to two months' rent and the advance rent is one month’s rent.
Q. What do "fixed lease" and "flexible lease" mean in the rental agreement?
A. Rental agreements are generally classified as "fixed lease" and "flexible lease." During a "fixed lease," neither the tenant nor the landlord can terminate the lease early without compensation. In a "flexible lease," either party can terminate the lease by notifying the other.
Q. How can I avoid encountering fake landlords?
A. Tenants can ask agents to conduct a property search to verify the information about the residential unit, including the identity of the landlord.
Q. What should be checked before signing the lease?
A. Tenants should check for issues such as leaks, peeling paint on walls or ceilings, and mold on the floors. All faucets, socket outlets, and stoves in the unit should be tested to ensure they function properly.
Q. Does the lease need to be stamped? Who pay the stamping fee?
A. Stamping the lease protects both parties. If the lease is not stamped, Hong Kong courts may not accept it as evidence. Generally, the landlord and tenant share the stamping fee.
Q. Does the landlord have the right to enter the rented unit?
A. Tenants have the right to quiet enjoyment and use of the property. The landlord cannot enter or interfere with the tenant’s living space without legal justification or tenant consent.
Q. If the landlord sells the unit during the lease term, will the tenant's rights be affected?
A. If the landlord sells a rented property, the lease remains valid until its expiration. Tenants should clarify the responsibility for returning the deposit with the new owner.
Q. Who is responsible for maintenance?
A. The lease should specify whether maintenance costs are the responsibility of the landlord or the tenant. Generally, tenants are responsible for appliance repairs, while structural issues are the landlord's responsibility.
