WeCreditLandlord withholding your deposit in Hong Kong? Evidence and recovery checklist
Sources checked and updated：（GMT+8）
Direct answer
Ask for an itemised written statement of arrears, deductions, amounts and supporting evidence, then compare it with the agreement and move-in / move-out condition. Do not apply a universal seven- or fourteen-day repayment rule to ordinary private leases. Regulated subdivided units have statutory rules. If negotiation fails, consider the appropriate forum for the claim.
Scope：This guide concerns ordinary private residential deposit disputes; a contractual example is not a statutory deadline.
Collect five types of evidence
- Signed agreement and attachments: deposit, deduction, repayment and handover clauses.
- Deposit receipt and rent / charges payment records, separating paid and unpaid items.
- Move-in and move-out photos, inventory, repair reports and dates defects were identified.
- Vacant-possession and key acknowledgment, meter readings and inspection record.
- Correspondence, deduction schedule, quotations / invoices and responses.
An invoice alone does not resolve a deduction
Check responsibility, causation, original condition and reasonable cost. Separate deterioration / fair wear and tear from damage. A repair invoice does not establish that every amount is recoverable. Mark each item agreed, disputed or awaiting evidence rather than arguing only about a total.
Check the source: HKU CLIC: deposit deductions and fair wear and tear (Chinese).
Steps for recovering a deposit
- Check when repayment is due under the agreement. Request an account, evidence and repayment in writing, set a reasonable reply date and keep service records.
- Try negotiation or mediation; record the agreed amount, payment date and unresolved items in writing.
- For a money-only claim up to HK$75,000, consider the Small Claims Tribunal. Do not split a claim merely to fit the limit. It does not handle recovery of possession of land.
Check the source: HKU CLIC: recovering a withheld deposit (Chinese) · Judiciary: Small Claims Tribunal procedure and fees (Chinese).
Hypothetical example: old air conditioner, new damage
The move-in inventory records an ageing air conditioner, but the landlord seeks the full price of a new unit at move-out. Compare photos, repair reports and the repair clause, and ask what new damage justifies the deduction. Neither full replacement liability nor zero liability follows automatically.
Regulated subdivided units need a separate check
Part IVA regulated tenancies have deposit limits and repayment rules, including a seven-day deadline subject to handover and settlement conditions. Check the trigger and conditions together; do not substitute a fourteen-day term from an ordinary template.
Check the source: HKU CLIC: deposits for regulated subdivided-unit tenancies (Chinese).
Frequently asked questions
Can I use the deposit as the final rent?
Do not assume this is allowed. It requires a contractual basis or written agreement; otherwise it may create an arrears dispute.
Without move-in photos, is recovery impossible?
Not necessarily. Collect handover documents, repair reports, payments and correspondence, although original condition may be harder to prove.
Sources and verification
- HKU CLIC: deposit deductions and fair wear and tear (Chinese)
- HKU CLIC: recovering a withheld deposit (Chinese)
- Judiciary: Small Claims Tribunal procedure and fees (Chinese)
- HKU CLIC: deposits for regulated subdivided-unit tenancies (Chinese)
These sources were checked on the date shown. Fees, deadlines and forms can change; recheck the official wording before acting. Hypothetical examples are not actual cases or guarantees.
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Prepared by the WeCredit Editorial Team for general information, not individual legal or financial advice.