I have some dispute with my landlord due to my coming moving. I'd like to hear your opinion how I should handle this matter.
Here below is the history:
On the 8th of March, after 26 months in the apartment, my landlord announced me that she wanted to increase my rent for the second time.
I did not accept and told her that I need some time to take my decision.
I found another apartment on the 11th of March (and signed a new contract).
Then I notified my landlord by WeChat on the 12th of March that I will leave her apartment.
I told that I will leave on the 6th of April (since I already paid March rent on the 7th of March) but that I would be happy to leave earlier if she or I find another tenant in the meantime.
I visited my landlord yesterday evening with a Chinese friend to make sure that everything was clear on both sides.
It appeared not…
Due to the fact that she considers that there is one month notice and my official leaving date would be 11th of April, she was claiming that I also need to pay April month in full because my notice is after the 6th of the month (birth date of my lease contract). But I still need to leave on the 6th of April as I said before. As she is pretending to be a nice person, she offered me to pay only half month of April.
I then argued that if there is one month notice (not written in the contract) then I should be able to stay until the 11th of April and pay just 5 more days on pro rata. She then replied that apartment was not as hotel and should be paid by month.
She was annoyed that I ask to stay until 11th because she told the real estate agency that I will leave on 6th. She then made my friend and I leave her apartment (rudely…).
I later contacted her sister (who can speak a little bit English on Wechat) and I propose the following compromise : “getting back my deposit (11600 rmb), leave on the 6th of April and pay until 11th of April”. Her sister accepted.
My lease contract should have terminated on the 6th of January 2015, I don’t have contract since then and we just have oral contract because I did not know when my assignment in China would end. In this contract, there is not delay for lease termination.
I notified my termination on Wechat. Is a proper letter necessary?
My goal is to avoid going to court but at least get back my deposit and don’t pay for the days when I don’t live in the apartment. I am now really afraid of losing my deposit because of the insincerity and greediness of my landlord.
I am not familiar with Chinese law. And the information I can get from internet is really different depending on websites. That’s why I would like your opinion how to handle this.
Thank you for your help.
Here below is the history:
On the 8th of March, after 26 months in the apartment, my landlord announced me that she wanted to increase my rent for the second time.
I did not accept and told her that I need some time to take my decision.
I found another apartment on the 11th of March (and signed a new contract).
Then I notified my landlord by WeChat on the 12th of March that I will leave her apartment.
I told that I will leave on the 6th of April (since I already paid March rent on the 7th of March) but that I would be happy to leave earlier if she or I find another tenant in the meantime.
I visited my landlord yesterday evening with a Chinese friend to make sure that everything was clear on both sides.
It appeared not…
Due to the fact that she considers that there is one month notice and my official leaving date would be 11th of April, she was claiming that I also need to pay April month in full because my notice is after the 6th of the month (birth date of my lease contract). But I still need to leave on the 6th of April as I said before. As she is pretending to be a nice person, she offered me to pay only half month of April.
I then argued that if there is one month notice (not written in the contract) then I should be able to stay until the 11th of April and pay just 5 more days on pro rata. She then replied that apartment was not as hotel and should be paid by month.
She was annoyed that I ask to stay until 11th because she told the real estate agency that I will leave on 6th. She then made my friend and I leave her apartment (rudely…).
I later contacted her sister (who can speak a little bit English on Wechat) and I propose the following compromise : “getting back my deposit (11600 rmb), leave on the 6th of April and pay until 11th of April”. Her sister accepted.
My lease contract should have terminated on the 6th of January 2015, I don’t have contract since then and we just have oral contract because I did not know when my assignment in China would end. In this contract, there is not delay for lease termination.
I notified my termination on Wechat. Is a proper letter necessary?
My goal is to avoid going to court but at least get back my deposit and don’t pay for the days when I don’t live in the apartment. I am now really afraid of losing my deposit because of the insincerity and greediness of my landlord.
I am not familiar with Chinese law. And the information I can get from internet is really different depending on websites. That’s why I would like your opinion how to handle this.
Thank you for your help.