Lease Agreement Template Hong Kong

HONG KONG RESIDENTIAL TENANCY AGREEMENT

Document Control Reference: HK-RTA-2023-V1
Effective Date: [Effective Date]
Jurisdiction: Hong Kong Special Administrative Region (HKSAR)
Scope: Tenancy of Residential Premises pursuant to the Landlord and Tenant (Consolidation) Ordinance (Cap. 7)

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OFFICIAL NOTICE & LEGAL DISCLAIMER

This document is a production-ready template for a standard residential tenancy agreement in Hong Kong. It has been structured to reflect customary market practices and local statutory requirements. However, property leasing involves complex legal, financial, and tax obligations (including Stamp Duty under the Stamp Duty Ordinance, Cap. 117). Both parties acknowledge that they have been advised to seek independent legal and tax counsel before execution. Use of this template is at the sole risk of the parties.

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1. PARTIES & DEFINITIONS

This Tenancy Agreement is entered into on [Date] by and between the following parties:

1. THE LANDLORD: [Full Legal Name of Landlord], of [Registered Address / Correspondence Address], Hong Kong (hereinafter referred to as the "Landlord", which expression shall include the person(s) for the time being entitled in reversion expectant upon the determination of this tenancy); and
2. THE TENANT: [Full Legal Name of Tenant], holder of Hong Kong Identity Card / Passport No. [ID / Passport Number], of [Correspondence Address], Hong Kong (hereinafter referred to as the "Tenant", which expression shall include the Tenant’s permitted executors, administrators, and assigns).

Property Details

• Premises: [Flat/Unit Number, Floor, Building Name, Street Address, District], Hong Kong (hereinafter referred to as the "Premises").
• Permitted Occupants: Only the Tenant and [Number] family members whose names are registered herein shall occupy the Premises.

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2. OPERATIVE CLAUSES & TERMS

Clause 1: Term

The Landlord lets and the Tenant takes the Premises for a fixed term of [Number] months, commencing on [Start Date] and expiring on [End Date] (both dates inclusive) (the "Term").

Clause 2: Rent

1. Monthly Rent: The Tenant shall pay to the Landlord a monthly rent of HK$[Amount] (exclusive of Government rates, Government rent, and management fees), payable in advance on the [Day, e.g., 1st] day of each calendar month without any deduction or set-off.
2. Mode of Payment: Rent shall be paid via bank transfer to the Landlord’s designated bank account:
   • Bank Name: [Bank Name]
   • Account Name: [Account Name]
   • Account Number: [Account Number]

Clause 3: Security Deposit (The "Stakeholder" Clause)

1. Upon the signing of this Agreement, the Tenant shall pay to the Landlord the sum of HK$[Amount, usually 2 months' rent] as a security and damage deposit (the "Deposit").
2. The Deposit shall be held by the Landlord without interest as security for the due observance and performance by the Tenant of all terms, covenants, and conditions herein contained.
3. The Deposit shall be refunded to the Tenant without interest within fourteen (14) days after the expiration or sooner determination of this Tenancy and the delivery of vacant possession of the Premises to the Landlord, subject to the deduction of any sums due to the Landlord for unpaid rent, damages, or breaches of this Agreement.

Clause 4: Management Fees, Rates, and Utilities

1. Management Fees: The [Landlord / Tenant] shall be responsible for paying the monthly building management fees, currently assessed at HK$[Amount] per month, directly to the Management Office.
2. Government Rates & Rent: The Landlord shall pay all Government rates and Government rent in respect of the Premises.
3. Utilities: The Tenant shall be solely responsible for and pay all charges for electricity, gas, water, telephone, internet, and other utility services consumed or supplied in respect of the Premises during the Term.

Clause 5: Use of Premises

1. The Premises shall be used strictly and solely as a private residential dwelling for the Tenant and the registered occupants named herein and for no other purpose whatsoever.
2. The Tenant shall not use, or permit to be used, the Premises or any part thereof for any illegal, immoral, or dangerous purpose, nor hold any public auction or noisy gatherings therein.
3. The Tenant shall not assign, sublet, part with possession, or share the whole or any part of the Premises under any circumstances.

Clause 6: Maintenance, Repairs, and Alterations

1. The Tenant shall maintain the interior of the Premises, including all Landlord’s fixtures, fittings, flooring, and interior decorations, in good, clean, and tenantable condition (fair wear and tear excepted).
2. The Tenant shall be responsible for the cost of all minor repairs and maintenance of the interior fittings and appliances (up to the amount of HK$[Amount, e.g., 1,500] per incident), and any damage caused by the negligence or misuse of the Tenant or their invitees.
3. The Landlord shall be responsible for the structural maintenance of the building and the repair of major hidden defects, external walls, and structural plumbing/electrical systems not caused by the Tenant's default.
4. The Tenant shall not make any structural alterations, additions, or improvements to the Premises, nor drive any nails or screws into the walls in a manner that causes structural damage, without the prior written consent of the Landlord.

Clause 7: Default and Termination

1. If the rent hereby reserved or any part thereof shall remain unpaid for fourteen (14) days after becoming due (whether legally demanded or not), or if the Tenant shall commit any breach or non-performance of any covenant herein contained, or if the Tenant shall enter into liquidation (whether voluntary or compulsory) or become bankrupt, then and in any such case it shall be lawful for the Landlord to re-enter upon the Premises or any part thereof in the name of the whole, and thereupon this Tenancy shall absolutely determine, but without prejudice to any right of action or remedy of the Landlord in respect of any antecedent breach of the Tenant’s covenants.
2. Break Clause (If applicable): Either party may terminate this Agreement after the expiration of the first [Number, e.g., 12] months of the Term by serving not less than two (2) months’ prior written notice (or by paying two (2) months’ rent in lieu of notice) to the other party.

Clause 8: Statutory Compliance & Registration

1. The parties acknowledge that this Agreement is subject to the Stamp Duty Ordinance (Cap. 117). The stamp duty payable hereon shall be borne equally by the Landlord and the Tenant ([or specify otherwise]).
2. The Landlord shall be responsible for lodging this Agreement for stamping with the Stamp Office of the Inland Revenue Department within the statutory time limit.

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3. SIGNATURES & ACKNOWLEDGMENT BLOCK

IN WITNESS WHEREOF the parties hereto have executed this Tenancy Agreement on the day and year first above written.

SIGNED by the Landlord

___________________________________________________
Signature of Landlord / Authorized Representative

Name:    __________________________________________
Title:   __________________________________________
In the presence of:
Signature of Witness: _____________________________
Name of Witness:      _____________________________

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SIGNED by the Tenant

___________________________________________________
Signature of Tenant

Name:    __________________________________________
HKID/Passport No.: ________________________________
In the presence of:
Signature of Witness: _____________________________
Name of Witness:      _____________________________

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4. STEP-BY-STEP EXECUTION GUIDE

1. Review and Complete: Fill in all bracketed fields ([...]) with accurate factual information regarding dates, monetary amounts, and legal identities. Ensure HKID numbers match the signatories' official identification documents.
2. Execution and Witnessing: Both the Landlord and Tenant (or their legally authorized corporate representatives holding valid Board Resolutions / Powers of Attorney) must sign the document in the physical presence of an independent witness who must also sign and print their name.
3. Stamping (Crucial for HKSAR Law): Pursuant to the Stamp Duty Ordinance (Cap. 117), this Agreement must be stamped by the Inland Revenue Department (IRD) of Hong Kong within thirty (30) days of execution. Note: An unstamped or insufficiently stamped document cannot be admitted as evidence in any court of law in Hong Kong.
4. Inventory and Handover: Conduct a joint physical inspection of the Premises, document existing conditions via a separate Inventory List (signed by both parties), and transfer keys upon full receipt of the Deposit and first month's Rent.