When a lessor intends to transfer a leased property to a tenant, the lessor should make it clear to the real estate agent, lawyers and potential buyer that the property is sold without a rental obligation (instead of delivering “empty property”). The landlord of a national property must submit to the Commissioner of Rating and Evaluation, within one month of the execution of the rental document, a notification of a new lease (form CR109) for approval. A landlord does not have the right to maintain rent recovery action under a rental document (if the tenant does not pay the rent) if the Commissioner does not approve The CR109 form. However, an owner who does not submit the form within one month may do so later after paying a $310 fee. However, if a lease agreement includes an option to renew the existing lease, it must be registered, even if the lease term does not exceed 3 years. An extension option gives the tenant the right to continue to rent the property after the current term expires, i.e. to renew the existing tenancy agreement. Since this exerciseable renewal option constitutes a legal interest in the land and violates the principles of termination and competing priority with third parties, the corresponding lease agreement should be registered. For an overview, the obligation to repair/maintain the person concerned is primarily a matter of private contract between the landlord and the tenant. This means that in the absence of an explicit agreement between the parties with the obligation of repair/maintenance in general, there is no implied obligation in the framework of a tenancy agreement not to force neither the lessor nor the tenant to carry out repairs or to maintain the property in a healthy and habitable condition.
The landlord`s tacit commitment to maintaining “residential” real estate applies only to furnished rentals (for example. B service apartments or other rental contracts with furniture or complete equipment (e.g.B. sofa, bed, cabinets/cabinets, tabletops, curtains and/or electrical appliances) made available to the tenant, since the appliance was ready to be purchased for residential purposes without the need to purchase other essential equipment. A lease agreement is legally binding for the contracting parties. When such an agreement is signed and one party then refuses to sign the formal tenancy agreement, the other party can apply to the court for a specified benefit. That is, to seek a court order requiring the late partner to fulfill the obligations set out in the agreement. Very often, leases expressly provide for the owner`s right to enter, inspect and/or repair the building. Such a right, however, cannot be construed as an obligation for the owner. On the contrary, it is customary for leases to provide that tenants are responsible for the maintenance/repair of the internal and non-structural affairs of the property and/or to return the property to the owner in the initial remission state (except fair wear) when leases are terminated. In Hong Kong, it is customary for leases to include the payment of a “rental deposit” of two months` rent (or more in commercial premises) as a guarantee and “obligation to perform” obligations under the lease agreement.
Since a rental document probably contains a clause indicating the use of the property, z.B.