Eviction Notice

An eviction notice in Hong Kong is a formal legal document issued by a landlord to inform a tenant that their tenancy agreement is being terminated and that they are required to vacate the property by a specified date. This notice is typically used in cases where the lease has expired, the tenant has breached the lease terms, or the landlord has other lawful grounds for termination. To be legally enforceable, the eviction notice must comply with the requirements of the Landlord and Tenant (Consolidation) Ordinance, including proper notice periods, clear grounds for termination, and formal delivery. Issuing an eviction notice without legal justification or in violation of the lease terms can result in disputes and legal challenges, so it is essential that landlords follow the correct legal procedures.

A Hong Kong eviction notice letter should include the following key elements:

Yes, under Hong Kong tenancy laws, an eviction notice is legally required for a landlord to lawfully terminate a tenancy and evict a tenant. The notice must be issued in writing and in accordance with the Landlord and Tenant (Consolidation) Ordinance. Failure to follow the correct procedure including the required notice period can render the eviction invalid and legally unenforceable.
The required notice period depends on the reason for eviction and the type of tenancy:

To be legally binding in Hong Kong, an eviction notice must be properly served to the tenant in accordance with acceptable delivery methods. The most common and legally recognized method is personal delivery, where the landlord or an authorized representative hands the notice directly to the tenant. Alternatively, the notice can be sent via registered mail, which provides proof of delivery and tracking, ensuring there is a record that the tenant received the document.
In some cases, especially when the tenant is unresponsive or unavailable, the notice may be posted at the entrance of the rental property, such as on the front door, in a clearly visible location. This is often used when direct contact is not possible. Additionally, if the lease agreement specifically allows it, the notice may be delivered by email, but this method is only valid if expressly agreed upon in the terms of the rental contract.
Regardless of the method used, landlords should always retain evidence of service, such as delivery receipts, postal confirmations, or photographs of posted notices, to ensure the eviction process can be upheld in case of legal challenge.

If a tenant does not vacate the property after receiving a legally valid eviction notice, the landlord is not allowed to remove the tenant by force. Instead, the landlord must initiate formal legal action through the proper channels.

The landlord must first submit a possession claim to the Lands Tribunal, requesting legal authority to reclaim the property. This process involves presenting the eviction notice and proving that the tenant has failed to comply.

If the tribunal rules in favor of the landlord, it will issue a Writ of Possession, which is a court order allowing the landlord to take back the property through legal enforcement.

Once the writ is granted, court bailiffs are responsible for carrying out the eviction. If the tenant still refuses to leave, the bailiffs will formally remove the tenant from the premises in accordance with the law.
This step-by-step process ensures that evictions in Hong Kong are handled lawfully and fairly, protecting both landlords’ rights and tenants’ legal protections.

Yes, non-payment of rent is a legally recognized ground for eviction in Hong Kong. When a tenant fails to pay rent on time, the landlord is entitled to begin the eviction process, provided it is done in accordance with local tenancy laws. The first step is to issue a written eviction notice specifically citing non-payment as the reason. This notice should clearly state the amount owed and provide the tenant with a minimum of 14 days to settle the outstanding rent.
If the tenant fails to pay within this period, the landlord may then initiate legal proceedings by filing a claim for possession with the Lands Tribunal. If successful, the landlord can obtain a Writ of Possession and proceed with lawful eviction through court bailiffs. This structured process ensures that landlords can protect their rights while still complying with the legal safeguards afforded to tenants in Hong Kong.

In cases of non-payment of rent, the landlord must give the tenant at least 14 days’ written notice to pay the overdue amount or vacate the premises. If the tenant fails to comply, legal proceedings may follow.

For a fixed-term lease, the notice period is generally governed by the terms specified in the lease contract. Unless there is a breach or a break clause, the lease usually cannot be terminated before the agreed end date without mutual consent.

For monthly rental agreements, the standard notice period is one full month, which must be delivered in writing prior to the intended termination date.

If the eviction is due to other types of lease violations (e.g. illegal use, unauthorized subletting), the required notice period will be determined by the lease terms and the nature of the breach. In all cases, landlords should ensure that the notice complies with the lease and the Landlord and Tenant (Consolidation) Ordinance.

A landlord cannot unilaterally modify an eviction notice once it has been issued. If the terms of the original notice such as the vacate date or reason for eviction need to be changed, the landlord must cancel the initial notice and issue a new one reflecting the updated terms. The new notice must provide the appropriate notice period in accordance with the tenancy agreement and Hong Kong tenancy laws. Any attempt to alter the original notice without restarting the legal process could render the eviction invalid or lead to disputes. To ensure enforceability, landlords should always follow proper procedures and allow tenants sufficient time to respond to the revised notice.For official eviction procedures, consult the Landlord and Tenant Ordinance summary.

If you receive an eviction notice in Hong Kong, it is important to respond promptly and responsibly to protect your legal rights. Begin by reviewing the notice carefully to confirm the reason for eviction, the deadline to vacate, and whether it aligns with your lease terms. Next, assess whether the notice complies with Hong Kong tenancy laws particularly regarding required notice periods and valid grounds for termination. If the notice appears unclear or unjustified, it is advisable to communicate directly with your landlord to clarify the situation or attempt a resolution, especially in cases involving unpaid rent.
If you believe the eviction is unlawful or unreasonable, you should seek legal advice from a qualified lawyer or consider contacting the Lands Tribunal, which handles tenancy disputes in Hong Kong. Finally, if the eviction is valid and legally enforceable, take steps to prepare for relocation, secure alternative housing, and ensure that your security deposit is returned in accordance with the lease terms and any outstanding obligations.

Understanding eviction notices in Hong Kong is essential for both landlords and tenants. Following the correct legal procedures ensures fairness and reduces disputes. Whether you are issuing or receiving an eviction notice, always consult official legal resources for accurate guidance.
For legal assistance, visit the Hong Kong Housing Authority.