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When should the security deposit be returned once you end a tenancy?

Squarefoot Editor  11 hours ago posted  248 #Wed Property Focus

Most tenancy agreements are “fixed-term” for one year. When the lease ends, the landlord and tenant decide whether to renew. If they do not renew, the move‑out process begins — here’s what to know.

A fixed-term lease (a “one‑year, locked” agreement) binds both parties for the full term. Neither the landlord nor the tenant can end the lease early without permission; doing so is a breach and may require compensation for the remaining months’ rent. 

By contrast, an open or periodic tenancy allows either party to end the agreement by giving the notice required in the contract, usually one month, or by paying in lieu of notice.

If you plan to move out, start by giving written notice at least one month in advance (or whatever the lease specifies). You can deliver the notice in person, by email, or by post. Many people send it by registered mail so they have proof it was received. 

The notice does not need a special form but should include the names and contact details of both parties, the property address, the formal move‑out date, instructions for returning the property and the deposit, and signatures where appropriate.

After the landlord confirms receipt of the notice, the tenant should clear out and restore the unit. On the official move‑out date, the landlord or their representative should inspect the property to check for damage and to confirm that any furniture or appliances listed in the lease are present. 

If there is damage or missing items beyond normal wear and tear, the landlord and tenant should discuss how to handle repairs or deductions; the landlord may propose keeping part of the deposit to cover costs.

Once the property is returned to the condition it was in at the start of the tenancy (allowing for reasonable wear and tear), the tenant hands the keys back and the lease ends. The landlord must then return the security deposit. It is common practice to return the deposit within 14 days after the tenancy ends, but the exact timing depends on the terms of your lease.

If the landlord refuses to return the deposit without a valid reason, the tenant can take legal action. For disputes involving amounts under HK$75,000, you can file a claim with the Small Claims Tribunal. 

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