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.