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Posts: 4

Governor

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Q: If the landlord breaks the contract are they meant to legally pay you an extra months rent?

Ok I am living in a small city called Wuqing (near Tianjin). My landlord wants me to move out and has given me a month (2 weeks left now). I am trying to negotiate with him what he should pay me back. I think we have agreed to most of the details but he doesnt want to pay me all my agents fee (half one months rent) or the contract termination fee. I know that if i break the contract i lose my deposit. This was after he told me that i wouldnt lose any money from this. I have had other problems with this guy too. He was knocking on my door for 30 minutes starting at 7:45am wanting to show a friend an apartment (i got a little upset with him when i opened th door) and he tried to get me to pay for a broken lock on letter box which was broken when i moved in. Is there any authorities i can talk to get this sorted out? I appreciate any advice you can give me Smile

9 years 18 weeks ago in  Housing - China

 
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Posts: 1300

Shifu

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If I were you, I would refuse to move out unless he agreed to pay me back my deposit and agents fee. I doubt you could negotiate anything more than that. Your contract should protect you unless there's a clause that says your landlord can break the contract at will. 

 

As for the letter box, I can tell you from experience that if you don't point out things that are broken at the start, you will have to pay for it. 

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9 years 18 weeks ago
 
Posts: 7715

Emperor

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Why does he want you to move out?

sallexa:

he tells me his nephew is moving in next year because he is getting married. i have also heard he has sold the place too.

9 years 18 weeks ago
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9 years 18 weeks ago
 
Posts: 2878

Shifu

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Hey sallexa which asinine anonymous question was yours?

I see you have 2 posts and only one shows up...that means one of the anonymous questions is yours.

 

Either way I think if a landlord breaks a contract with you that's just another example of desertion/cowardice. Your apartment is your post, leaving it for whatever reason is letting down your pals.

 

The China Foreign Tenants Union (CFTU) strongly advocates against people like you...

sallexa:

I have 2 posts? sorry i dont understand. I only posted a question and some details about my question. anywayz thanks for that advice :)

9 years 18 weeks ago
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dongbeiren:

What kind of sick rituals does the Chinese Foreign Tenant's Union partake in? And what is their logo? 

9 years 17 weeks ago
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9 years 18 weeks ago
 
Posts: 2774

Emperor

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Just walk away.

 

The trivial amount of money isn't worth the histrionics that you will have to endure with this dick but leave before the last day so you don't get lumped with all of the extras he can contrive.

sorrel:

also keep in mind he can also probably change the locks should you prove 'troublesome'

9 years 18 weeks ago
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Eorthisio:

I would add, if you can't get back your deposit because your landlord is a jerk, walk away but don't forget to break every furniture in the apartment first and to flood it so that damp will develop in there and it will cost thousands of RMB to clean up that mess (excluding buying new furniture). In my old apartment there was a 20000RMB bed, very nice trust me, I saw the pricetag on jingdong and taobao, I would have not hesitated to break it into pieces using an axe if I didn't get my deposit back, thanksfully my landlord was honest. So in case of troubles with your landlord when you want/have to move out, make sure that your lost deposit will serve for something.

9 years 17 weeks ago
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9 years 18 weeks ago
 
Posts: 421

Governor

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I just had this happen to me.  I signed a two-year lease and the landlord tried to double my rent after 1 1/2 yrs.  I told him, "No, we'll finish the contract then leave."  He got so mad  I didn't go for extortion that he had the power and water shut off.  This was after he called the police to evict me.  The police told him to eff off.  So the building, WanKe, said it's his apt so he could turn off the utilities. 

 

Obviously, I had to move.  I sued him in court and LOST!!!  In your contract you need to stipulate the penalty for a broken lease.  I didn't have one.  My new apt lease says the landlord will pay me 10,000 rmb for breach of the contract. 

 

Lessons learned.  1) Chinese courts suck.

                           2) Always stipulate a penalty for contract breach.

 

dongbeiren:

If you were leaving China you should have trashed his place. Otherwise.... damn that's  a bad break. I guess I should stipulate in future contracts that the landlord not shut off my utilities when he wants to extort me. 

9 years 17 weeks ago
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9 years 17 weeks ago
 
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