Essential Tenancy Terms to Include Before a Stranger Lives in Your Property

Letting your Hong Kong apartment should begin with a clear agreement, not a handshake and a downloaded template. Your objective is straightforward: establish who may occupy the property, what each party must pay, how problems will be handled and how the tenancy ends.

Whether you own a low-rise apartment or a high-rise unit, use the following framework to prepare your instructions to your agent and solicitor.

1. Check that you can let the apartment

Start with your own obligations. Review the mortgage conditions and obtain the bank’s consent where required. Check the permitted use and any relevant restrictions in the government lease, occupation permit and Deed of Mutual Covenant. A tenancy agreement does not override those restrictions. Different rules may also apply to subsidised housing and regulated subdivided-unit tenancies. (smart.eaa.org.hk)

2. Identify the tenant and permitted occupants

Recommend a written record of the contracting tenant’s identity, contact details and proposed occupants. For a corporate tenant, ask your solicitor to confirm the company’s identity and the signatory’s authority.

Discuss permitted use, pets, smoking, alterations and subletting before drafting. Do not leave an important restriction to a conversation that neither party can later prove. The EAA’s guidance specifically identifies property use and subletting as matters requiring attention. (smart.eaa.org.hk)

3. Make the financial terms unambiguous

Specify the monthly rent, payment date, payment method and deposit. Allocate responsibility for management fees, rates, government rent and utilities expressly.

Ask for clear wording governing deposit deductions and repayment after handover. The aim should be an accountable process supported by evidence—not an assumption that the deposit automatically belongs to the landlord whenever something goes wrong. These are matters to settle in the agreement rather than after occupation begins.

4. Understand the tenancy period and break clause

Check the commencement and expiry dates, who may terminate early, the earliest permitted termination date and the required notice.

A break clause is a contractual right, not a universal rule that applies identically to every apartment. Have your solicitor explain precisely when notice can be served and when termination takes effect. If you may need the apartment back for your own occupation or a sale, discuss that requirement before agreeing the tenancy.

5. Allocate repairs and access properly

Ask the agreement to distinguish maintenance, appliance faults, tenant-caused damage and fair wear and tear. Agree how defects should be reported and how access for inspection or repairs will be arranged.

Ownership does not give you unrestricted access during a tenancy. The tenant’s exclusive possession and quiet enjoyment matter. If a dispute develops, do not attempt to solve it by changing locks or disconnecting services; obtain legal advice on the proper process. (eaa.org.hk)

6. Finish the paperwork and record the handover

Tenancy agreements must generally be stamped within 30 days of execution. For ordinary domestic tenancies under Part IV, arrange Form CR109 endorsement; submission within one month avoids the late-submission fee, and endorsement matters for maintaining an action to recover rent.

Prepare dated photographs, an inventory, appliance checks, meter readings and a signed key record.

Before you let, request a tenancy preparation consultation from Aria Property. Share your building, proposed rent and intended commencement date so the discussion addresses your apartment.

Simple landlord checklist;

Check mortgage consent and letting restrictions.

Confirm tenant identity and permitted occupants.

Agree rent, deposit and all payment responsibilities.

Understand the break clause and notice requirements.

Document repairs, access and handover condition.

Arrange solicitor review, stamping and applicable notifications.