Tenancy Agreement Damages

Parties to a lease may insert certain clauses to ensure that they are compensated if the other party has breached the agreement. However, in some situations, these clauses may not be applicable. In the recent decision of the Court of Appeal in Ip Ming Kin vs. Wong Siu Lan [2013] HKCU 1216, the Tribunal referred to the enforceability of a indemnification clause in a lease agreement. Being a landlord likely implies that tenant mess or accidental damage to your units will be cleaned up from time to time. However, if you`re willing to calculate how much you need to calculate for repairing or replacing damaged items and are familiar with local rental laws, you should be able to resolve the issue – or be willing to take your case to court. Consider these best practices to determine how much you get out of a deposit during the extract and what you`ll need to charge a current tenant who reports damage. If a tenant damages a rental unit, the lessor has the right to charge the tenant for the damage by deducting money from his deposit. If you follow certain rules, you can determine the amount of reasonable costs for rental damages and it is more likely that they will be in mediation or small claims court if the tenant refuses to pay for the problem or take responsibility for it. The right to damages does not stop at renting. The rights can be filed within two years of the end of the rental – it`s always better, because things are easier to achieve.

Where one of the parties files a claim within that period, the other party may assert a separate claim, even if it is outside the two-year period, provided that it does so before the first hearing of the first claim. « The tenant must keep the interior clean and neat, and the property is expected to be in the same condition as at the beginning of the rental, except for proper wear and tear. » Subsequently, the landlord did not deliver any blank property on 15 March 2010 and the tenant claimed damages for 12 months` rent as agreed compensation. The district court judge ruled in favor of the tenant. Maintaining a good relationship is priceless to protect your investment. TDS firmly believes that communication is the key to successful leases, but also a carefully crafted lease is the key. . . .