本人出租一單位, 簽定2年約, 現在已過1年死約, 我要求調高租金, 租客不同意.
我已給租客發出一個月通知期及退租通知信, 但是租客拒絕搬遷, 同時繼續繳交舊租金.
**我雙方所訂立的租賃合約內注明 ‘退租權’:業主或租客可給矛對方不少於1個月的書面通知或以 1 個月租金作代通知金提早解除此租約**
1. 若租客繼續繳交舊租金, 我有權向土地審才處 申請收樓?
2. 若我不能向土地審才處 申請收樓, 租客是否有權永久租用此單位, 並續繳本人不同意的租金 ?
3. 本人可否直接向小案錢債, 直接追討租金的差案 ?
4. 租客已不接聽本人電話, 拒絕對話, 我能從何途徑收回物業 ? 如何 追討租金的差案 ?
可以入表到土地審才處 申請收樓 ?
2013-10-09 7:41 pm
回答 (2)
2013-10-14 3:40 am
✔ 最佳答案
1:yes2:租客冇權永久租用此單位,最多付舊租金至生約完為止！
3:不，冇簽新約，只收舊租金
4:土地審裁處，但不可以討回新租金！
1:都話唔洗旨意新租金！
2:法律上冇新租金，不用申請小案錢債
有交租已好，我和哥哥也試過租客不交租，傷亡慘重！請三思！
2013-10-13 19:42:26 補充：
你有打厘印嗎？如冇，佢欠租你也不可討回！
2013-10-09 9:49 pm
1. Yes.
2. No - by paying rent, the tenant basically concedes that he/she is renting your place. So you have the right to evict him/her.
3. Yes - in fact, it is the easiest method.
4. It depends on what you want. Based on the situation, the relationship is basically irreparable. Eviction may be a better outcome in this case.
However - the Small Claims Tribunal and the Land Tribunal only deals with their own matter (like outstanding rent case must be filed in the Small Claims, but not the Land).
In this case, I will suggest you to sue for the difference first and see how's everything works.
If you have a judgment, it will be easier for you to seize the property back.
2013-10-09 16:40:59 補充：
1. Yes - the rent difference.
2. Very simple - just go to Wan Chai and fill out some forms.
2013-10-16 17:40:12 補充：
1. Yes.
2. Small Claims is a tactics. Your tenant, even losing the case, will not pay you the difference. And this is where you can seize the property back.
2013-10-16 17:42:03 補充：
The reason why you will win the case is the action taken by the tenant.
As soon as the old contract ends, the lease will become a month-to-month unless any parties request a renewal. Since you request renewal and increase in rent, your tenant has only 2 options - new rent or move out.
2013-10-16 17:43:43 補充：
Since the tenant did not move out, the tenant has arbitrarily taken away your right as the landlord.
This make you have a case.
2. No - by paying rent, the tenant basically concedes that he/she is renting your place. So you have the right to evict him/her.
3. Yes - in fact, it is the easiest method.
4. It depends on what you want. Based on the situation, the relationship is basically irreparable. Eviction may be a better outcome in this case.
However - the Small Claims Tribunal and the Land Tribunal only deals with their own matter (like outstanding rent case must be filed in the Small Claims, but not the Land).
In this case, I will suggest you to sue for the difference first and see how's everything works.
If you have a judgment, it will be easier for you to seize the property back.
2013-10-09 16:40:59 補充：
1. Yes - the rent difference.
2. Very simple - just go to Wan Chai and fill out some forms.
2013-10-16 17:40:12 補充：
1. Yes.
2. Small Claims is a tactics. Your tenant, even losing the case, will not pay you the difference. And this is where you can seize the property back.
2013-10-16 17:42:03 補充：
The reason why you will win the case is the action taken by the tenant.
As soon as the old contract ends, the lease will become a month-to-month unless any parties request a renewal. Since you request renewal and increase in rent, your tenant has only 2 options - new rent or move out.
2013-10-16 17:43:43 補充：
Since the tenant did not move out, the tenant has arbitrarily taken away your right as the landlord.
This make you have a case.
收錄日期: 2021-04-13 19:44:59
原文連結 [永久失效]:
https://hk.answers.yahoo.com/question/index?qid=20131009000051KK00065