Protect Your Security Deposit: Landlord Repair Bill Guide

Many tenants have experienced this when moving out: the landlord inspects the apartment, casually points out marks on the wall or scratches on the door, then presents an "exorbitant" repair bill, saying it will be deducted from the security deposit (usually equivalent to two months' rent).

The tenant's most common question is: "Can I find my own contractor to fix it?"

Your rights differ drastically before and after "handing over the keys." Here’s how to legally protect your security deposit.

🛑 First Phase: Before Moving Out (Golden Repair Period)

Right Status: You have the right to fix it yourself!

As long as the lease has not ended and the keys have not been returned, you still possess the "exclusive right to occupy" the unit.

Strategy 1: Strike First

• Approach: One week before handing over the unit, conduct your own inspection of walls, floors, doors, and windows.
• Key Point: If you discover obvious damage (e.g., a broken door lock), immediately hire a professional to repair it yourself.
• Advantage: Tenants hiring professionals themselves (e.g., from local hardware stores or contractors) may get cheaper prices than the landlord's "familiar professionals." As long as you restore the unit to "good condition" by the handover, the landlord has no right to deduct money.

Strategy 2: Proactive Reporting + Provide a Quote

• If there isn't enough time to fix it, you can notify the landlord in writing: "I acknowledge there is damage to the wall, and I have obtained a quote from Company A for $2,000 to repair it. If you agree, I will complete it before handing over the unit."
• This demonstrates your sincerity in resolving the issue and locks in the repair cost.

🛑 Second Phase: After Handover (Negotiation Period)

Right Status: Only Negotiation Rights Remain.

Once you hand over the keys, you can no longer enter the unit for repairs. At this point, the landlord has the full authority to handle repairs and then charge you for the costs. What if the landlord quotes $10,000, but you think it should only be $3,000?

Strategy 3: Utilize "Fair Wear and Tear"

This is the tenant's strongest shield. Hong Kong law recognizes that property naturally ages over time, and landlords cannot expect tenants to turn an old building into a new one.

• Can Argue: Slight yellowing of walls, minor scratches on floors, aging door hinges making noise.
• Cannot Argue: Graffiti or holes in walls, blackened or moldy floors, doors damaged from impact.

Strategy 4: Battle of Quotations

If the landlord insists on deducting money, do not just verbally say "too expensive."

• Request Documentation: Ask the landlord to provide a detailed quotation (listing procedures, area, unit prices).
• Market Comparison: Take this list and get quotes from 2-3 renovation companies yourself, then counter in writing.

💬 Common Dispute Q&A

Q1: Is it reasonable for the landlord to request "full house repainting"?

It depends. If you only stained one wall, and the landlord demands painting the entire house, you have the right to refuse to pay for the "extra benefit" portion and only compensate for the repair cost of the damaged part.

Q2: What if we can't reach an agreement, and the deposit is withheld?

If the amount involved is below HK$75,000, you can consider filing a claim at the Small Claims Tribunal.

• Procedure: No lawyer is needed; just fill out forms and schedule a date.
• Key to Success: Photos from move-in (proving the original condition), photos from move-out (proving no damage), and market quotes in your possession (proving the landlord's unreasonable pricing).