間屋落雨滲水,發霉, 在業主不同意下搬走會否比業主告得入?

2009-04-16 7:50 pm
如果在租約期間(冇講明生約或死約)間屋有落雨滲水,發霉及牆身油漆出現裂痕,整過但無改善,加上屋企有初生嬰兒,如果在業主不同意下搬走會否比業主告得入?
更新1:

其實之前間屋既窗邊落雨滲水情況係好嚴重,d水係好似一條條柱沿牆邊流落地,之後業主要求加租及續多兩年約先會解決呢個問題,經過更換鋁窗後情況改善咗,但係滲水發霉既情況依然有,加上現在有兩個小孩在家,所以特別担心衛生問題,遲些可以上載一條link比大家睇下。

回答 (4)

2009-04-17 12:18 am
✔ 最佳答案
If there is a real financial benefit in suing you, I'm sure the landlord will go to courts to claim for such money. Bear in mind, legal costs could overweigh the rental charges for the remaining periods in the Contract.

In reality, not to lead you into anything inappropriate, there is really very little they can do if you decide its time to leave the property

Of course, any deposits that is left with the landlord will not be refunded

2009-04-16 22:13:16 補充:
For 9000 x 9mths= 81000 Very unlikely. Dont worry!!!

You may argue on this point (冇講明生約或死約).

2009-04-16 22:13:20 補充:
Since the contract is silent on this issue, if dispute arises, you may argue that the contract was executed based on the understanding of conventional rental contracts, which has special conditions of 生約

2009-04-17 14:19:55 補充:
I think there is a debatable term in the contract, therefore landlord cannot simply submitt case to Small Claims Trib, they will have to prove it (Burden of proof). Proving the case would cost alot of $$ to the landlord, before anything can be recovered from you

2009-04-17 14:20:12 補充:
THEREFORE, Very unlikely

2009-04-18 16:55:18 補充:
it takes one to know to appreciate

obviously, I'm playing piano to an ox (wilson)

2009-04-18 16:56:41 補充:
You have lots of comments

Why you never come up with good answers?
Wilson
2009-04-17 9:03 pm
1. 根據合約,物業本身應該處於一個「可出租狀況」(Tenable state)。由於你單方面形容情況,其實好難判斷係唔係一個合理而可出租狀況。
2. 既然你無講明租約期,一般會以生約看待,即係一個月通知。
3. 如果你係無正式租約,你會唔會已經住咗好耐?你講嘅問題是否你亦有部份責任?如果你搬出,業主可唔可以要你負責維修費?
僅供參考,希望幫到你!
2009-04-17 5:04 am
remember in HK, there is a "court" called "Small Claim Tribunal". The landlord can do a lot!

2009-04-17 00:44:21 補充:
冇講明生約或死約 is the key point of argument and each tenancy agreement can be viewed independently. It really depends on the terms in the Contract. Nothing about the convention.

2009-04-17 00:44:27 補充:
People usually have 1 year 死約 and followed by 1 year 生約. But yours can be 1 year 生約 and followed by 1 year 死約. It's entirely independent from "conventional" agreements which can be used as a reference though.

Hm... Why no conclusion like the Judge will xxxx...???

2009-04-18 16:37:03 補充:
1. 根據合約,物業本身應該處於一個「可出租狀況」(Tenable state)。由於你單方面形容情況,其實好難判斷係唔係一個合理而可出租狀況。
2. 既然你無講明租約期,一般會以生約看待,即係一個月通知。
3. 如果你係無正式租約,你會唔會已經住咗好耐?你講嘅問題是否你亦有部份責任?如果你搬出,業主可唔可以要你負責維修費?
僅供參考,希望幫到你!

very valuable advice~

2009-04-19 17:27:53 補充:
1. 根據合約,物業本身應該處於一個「可出租狀況」(Tenable state)。由於你單方面形容情況,其實好難判斷係唔係一個合理而可出租狀況。
2. 既然你無講明租約期,一般會以生約看待,即係一個月通知。
3. 如果你係無正式租約,你會唔會已經住咗好耐?你講嘅問題是否你亦有部份責任?如果你搬出,業主可唔可以要你負責維修費?
僅供參考,希望幫到你!

very valuable advice~ and a good answer~
2009-04-17 2:11 am
The contract will be end in next year January 2010, and the monthly rent is $9,000, so do you think it can cover the lawyer cost to suing me?

收錄日期: 2021-04-30 10:39:31
原文連結 [永久失效]:
https://hk.answers.yahoo.com/question/index?qid=20090416000051KK00596

檢視 Wayback Machine 備份