Other clauses and terms in rental contracts.

1. Entitled to quiet enjoyment of the property. The tenant should be entitled to live in the property peacefully. That is, not to be harassed or unnecessarily disturbed by the landlord, neighbours, etc.
2. Disturbing the neighbours. By virtue of law a property owner may begin eviction proceeding against a tenant if the tenant causes unnecessary annoyance, inconvenience or disturbance to other people. This includes allowing others on the premises to disturb the neighbours or using the property for illegal or immoral purposes.
3. The tenant shall not contravene any clause in the Government Lease, Occupation Permit or Deed of Mutual Consent. If a clause such as this is to be included in the contract, remember to attach copies of each document as an appendix to the rental agreement so the tenant is aware of the pertinent clauses.
4. No storing of firearms, weapons, flammable or dangerous goods. This should be agreed upon so the property insurance is not void.
5. Right of access. By virtue of law, the property owner has right of access to inspect the rental property for any necessary repairs at all reasonable times. Reasonable means any time that the parties agree to. To avoid conflict it may be worthwhile to define reasonable under the contract (ie. with 24 hours prior notice, when the tenant is present, etc).
6. Structural alterations. A tenant may not, legally, make any structural alterations to the rental property without prior written consent of the property owner.
7. Breach of conditions. The contract should state what rights one party has if the other party breaches any conditions of the contract.
8. Termination of employment. This is important to an expat tenant as the standard Hong Kong rental contract lasts for a minimum of 14 months (12 months plus 2 months notice), and for many expats the ability to pay the high rents in Hong Kong is based on salary or an accommodation allowance. The tenant should consider stipulating in the contract that if their employment with XYZ employer terminates for any reason then they will be released from any further obligations under the contract after giving a notice period no greater than the notice period required by the tenant's employer.
9. Stamp duty. Typically, the property owner and tenant will share the cost of stamp duty.
10. Legal Counsel. The costs of any legal counsel employed by either party will be borne by that party. Tenants and landlords should employ separate counsel to avoid any conflicts of interest.

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