Avoid Rental Scams: Tips for Safe Renting

The case of "Meicheng Apartment Co., Ltd." using the social platform "Xiaohongshu" to commit fraud has been exposed. The company required tenants to pay deposits or full-year rent without viewing the property in person, then went missing, involving an amount of up to HK$1.5 million. Recently, another former real estate agent impersonated a "sub-landlord," bypassed the real estate company, signed fake leases with tenants, and embezzled the rent. Fraud methods are emerging one after another, and rental scams are common. Therefore, tenants should be vigilant to avoid becoming victims. Below are suggestions to prevent such fraud:

1. Verify the agent's identity

When dealing with an agent, verify whether they hold a valid real estate agent license. You can check the agent's information, including the license number and validity period, through the Estate Agents Authority to ensure their legal status. For search steps, click this link.

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(Image/From the "Rental Guide for Non-local Students in Hong Kong" booklet on the Estate Agents Authority website)

2. Inspect the property in person

Do not rely solely on online information; personally visit the property to see it and confirm the rental terms. If no real estate agent is assisting, tenants can verify the current condition of the property through relatives, friends, or online platforms.

3. Verify the landlord's identity and property details

Do not make any payment before confirming the landlord's identity and the actual situation of the property. The Inland Revenue Department states that it does not review the identity of the "stamp duty" payer or the content of the lease agreement. This policy loophole allows fraudsters to use fake leases to commit fraud. Tenants should check the Land Registry to verify the landlord's identity and whether there are any legal disputes.

4. Pay special attention to mortgaged properties and government-regulated properties

Owners of mortgaged properties must obtain bank consent to rent out the property. Without approval, tenants may face the risk of having to move out within a short period. The rental of public rental housing and subsidized sale flats has strict regulations, and compliance with government requirements must be ensured.

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(Image/From the Estate Agents Authority website)

Early Lease Break: Can You Keep Prepaid Rent?

When a tenant who prepaid a year's rent breaks the lease early, Hong Kong law generally prohibits landlords from forfeiting the remaining prepaid rent, treating it as advance rent rather than a penalty. Landlords may only deduct actual and reasonable losses (e.g., vacancy, agency fees, repairs) and must refund the surplus, as illustrated by a scenario where a $160,000 balance results in a $125,000 refund after deducting $35,000 in losses.

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Understanding Dead Period & Living Period in HK Tenancy

This blog post explains the legal definitions of 'dead period' (fixed term) and 'living period' (right to terminate) in Hong Kong tenancy agreements, highlighting common traps in notice period wording. It also offers solutions for early termination, such as negotiating with the landlord or finding a replacement tenant with written consent.

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Renting a Banker's Property: Deposit Risks & Tenant Rights

This article explains the risks tenants face when a landlord defaults on a mortgage, leading to the property being repossessed by the bank as a 'banker's property.' It covers whether tenants can be evicted, the difficulty of recovering deposits, and provides advice on how to respond to repossession notices and prevent issues by conducting a land search before renting.

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