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Cohabitation Rental Agreement for Hong Kong

Cohabitation Rental Agreement Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes the terms and conditions for multiple individuals to jointly rent and occupy a residential property. This agreement defines the rights and obligations of both the landlord and cohabiting tenants, including rent payment arrangements, maintenance responsibilities, shared living protocols, and liability distribution. It incorporates specific provisions required under Hong Kong's Landlord and Tenant (Consolidation) Ordinance while addressing the unique aspects of shared living arrangements, such as joint and several liability, common area usage, and utility cost sharing.

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What is a Cohabitation Rental Agreement?

The Cohabitation Rental Agreement is designed for situations where multiple individuals wish to share a rental property in Hong Kong, whether they are friends, colleagues, or unrelated individuals seeking to share housing costs. This document is particularly relevant in Hong Kong's competitive housing market, where shared living arrangements are common due to high property costs. The agreement comprehensively addresses the complexities of shared tenancies, including rent allocation, maintenance responsibilities, and common area usage, while ensuring compliance with Hong Kong's rental laws and regulations. It provides essential protections for both landlords and tenants by clearly defining obligations, establishing payment structures, and setting out dispute resolution procedures. The document is especially useful in urban areas where professionals, students, or young workers often share accommodations.

What sections should be included in a Cohabitation Rental Agreement?

1. Parties: Identification of the landlord and all cohabiting tenants with their full legal names and identification details

2. Background: Context of the rental arrangement and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Property', 'Common Areas', 'Cohabitation', 'Rent', etc.

4. Property Details: Detailed description of the rental property, including address and included fixtures/fittings

5. Term and Possession: Duration of the tenancy, start and end dates, and conditions for possession

6. Rent and Payment Terms: Rental amount, payment schedule, method of payment, and allocation between cohabiting tenants

7. Deposit and Fees: Security deposit amount, handling of deposit, and other applicable fees

8. Utilities and Bills: Responsibility for utilities, management fees, and other ongoing charges

9. Use of Property: Permitted use of the property and common areas

10. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures

11. Cohabitation Rules: Specific rules regarding shared living spaces and communal responsibilities

12. Joint and Several Liability: Terms establishing shared responsibility among cohabiting tenants

13. Termination: Conditions and procedures for ending the tenancy

14. Governing Law: Confirmation of Hong Kong law jurisdiction and applicable ordinances

What sections are optional to include in a Cohabitation Rental Agreement?

1. Pets: Rules regarding pet ownership if allowed in the property

2. Subletting: Terms regarding subletting rights and procedures if permitted

3. Decoration and Alterations: Rules for making changes to the property if permitted

4. Parking: Terms regarding parking spaces if available

5. Insurance: Requirements for tenant insurance if required

6. Guest Policy: Rules regarding overnight guests and extended stays

7. Replacement of Cohabiting Tenants: Procedure for replacing departing tenants if allowed

8. Quiet Enjoyment: Specific terms about noise levels and peaceful occupation

What schedules should be included in a Cohabitation Rental Agreement?

1. Schedule 1 - Inventory: Detailed list of furniture, appliances, and fixtures provided by the landlord

2. Schedule 2 - Property Condition Report: Detailed description of property condition at commencement of tenancy

3. Schedule 3 - House Rules: Specific rules for the property and building if applicable

4. Schedule 4 - Utility Reading Records: Initial utility meter readings and procedure for recording

5. Schedule 5 - Rent Payment Schedule: Detailed breakdown of rent payments and allocation between tenants

6. Appendix A - Emergency Contacts: List of emergency contacts including property manager, maintenance services

7. Appendix B - Photographs: Photographic evidence of property condition at commencement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Cost

Free to use

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