Monthly Tenancy Agreement for Hong Kong

Monthly Tenancy Agreement Template for Hong Kong

A Monthly Tenancy Agreement governed by Hong Kong law is a legal document establishing a month-to-month rental arrangement between a landlord and tenant. It provides flexibility for both parties with shorter commitment periods while ensuring compliance with Hong Kong's Landlord and Tenant (Consolidation) Ordinance and related legislation. The agreement covers essential terms including rent payment, security deposit, utilities, maintenance responsibilities, termination procedures, and other rights and obligations of both parties. Unlike fixed-term leases, this agreement automatically renews monthly unless proper notice is given by either party.

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What is a Monthly Tenancy Agreement?

The Monthly Tenancy Agreement is designed for situations requiring flexible rental arrangements in Hong Kong's dynamic property market. It's particularly suitable for landlords and tenants who prefer shorter commitments or anticipate potential changes in their circumstances. The agreement encompasses all essential elements required under Hong Kong law, including precise identification of the premises, rent amounts, payment terms, and parties' obligations. This document type is commonly used in both residential and commercial contexts, offering the advantage of automatic monthly renewal while maintaining proper legal protections for all parties involved. The Monthly Tenancy Agreement must comply with Hong Kong's Landlord and Tenant (Consolidation) Ordinance and related regulations, making it essential to include specific provisions required by local law while maintaining flexibility in the arrangement.

What sections should be included in a Monthly Tenancy Agreement?

1. Parties: Identification of the landlord and tenant with their full legal names and addresses

2. Background: Brief context of the agreement and the intention to create a monthly tenancy

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Demise: Description of the premises being let and confirmation of the landlord's right to rent

5. Term: Specification of the monthly term and its commencement date

6. Rent and Payment Terms: Amount of rent, payment date, method of payment, and late payment consequences

7. Deposit: Amount of security deposit, terms of holding and return conditions

8. Utilities and Other Charges: Responsibility for utilities, management fees, government rent and rates

9. Tenant's Obligations: Comprehensive list of tenant's responsibilities including maintenance, use of premises, and conduct

10. Landlord's Obligations: List of landlord's responsibilities including structural maintenance and quiet enjoyment

11. Termination: Notice requirements and procedures for termination by either party

12. Default and Remedies: Consequences of breach and available remedies for both parties

13. Notices: Method and addresses for serving formal notices between parties

14. Governing Law: Confirmation that Hong Kong law governs the agreement

What sections are optional to include in a Monthly Tenancy Agreement?

1. Special Conditions: Additional terms specific to the property or circumstances (use when there are unique requirements)

2. Decoration Period: Terms for any rent-free period for renovation (include if decoration period is offered)

3. Option to Renew: Terms for extending the tenancy (include if renewal option is offered)

4. Break Clause: Conditions for early termination (include if early termination rights are granted)

5. Furniture and Appliances: Terms regarding furnished properties (include if property is furnished)

6. Pets: Rules regarding keeping pets (include if pets are allowed or specifically prohibited)

7. Property Management: Special rules imposed by building management (include for properties in managed buildings)

8. Subletting and Assignment: Terms regarding subletting rights (include if subletting is to be addressed specifically)

What schedules should be included in a Monthly Tenancy Agreement?

1. Schedule 1 - Property Details: Detailed description of the premises including address and parking spaces

2. Schedule 2 - Inventory List: List of furniture, appliances and their condition if property is furnished

3. Schedule 3 - House Rules: Building management rules and regulations

4. Schedule 4 - Utility Accounts: List of utility account numbers and providers

5. Schedule 5 - Handover Condition: Description and photos of property condition at handover

6. Schedule 6 - Special Provisions: Any special terms or conditions agreed between the parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Residential Property

Commercial Property

Property Management

Legal Services

Hospitality

Retail

Professional Services

Relevant Teams

Legal

Real Estate

Facilities Management

Compliance

Administration

Property Management

Corporate Services

Operations

Asset Management

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Property Administrator

Facilities Manager

Asset Manager

Company Secretary

Compliance Officer

Housing Officer

Estate Agent

Property Consultant

Tenancy Administrator

Real Estate Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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