Last verified：2026-09-04｜WeProperty Editorial Team · Editorial and author information
Short answer：Most Hong Kong residential tenancies are governed by the signed lease and the Landlord and Tenant (Consolidation) Ordinance. A one-year fixed term plus a one-year break period, the deposit amount and rent changes are not automatic for every lease; regulated subdivided units have additional statutory rules. Check ownership before signing and arrange stamping within 30 days.
The tenancy journey at a glance
| Stage | Action | Evidence to keep |
|---|---|---|
| Before signing | Check ownership, use, rent, deposit and repair terms | Land search and draft lease |
| Handover | Inventory, meter readings and condition photos | Dated, signed inventory and photographs |
| After signing | Stamp within 30 days and make applicable notifications | Stamp certificate, forms and payment records |
| Moving out | Give notice, inspect jointly and settle the deposit | Delivery, repair and refund records |
Six checks before signing
- Verify the landlord and authority to let, using a land search where appropriate.
- Record permitted residential use, term, start date, rent and payment method.
- Allocate the deposit, fees, rates, Government rent and utilities.
- Write down repair, break, renewal, rent-review, subletting and pet terms.
- Use dated photographs and an inventory at handover.
- Keep a complete signed copy with every schedule.
The 30-day stamping rule and a deposit example
The Inland Revenue Department says a tenancy agreement must be stamped within 30 days after execution. The people signing are liable, while they may agree how to share the duty. If wall damage is alleged at move-out, dated check-in photographs, repair notices, quotations and a joint inspection provide better evidence than memory; any deduction still depends on the lease and facts.
Renewal, rent changes and subdivided units
“Fixed” and “breakable” periods are market shorthand; the actual clause controls. Qualifying regulated tenancies of subdivided units fall under Part IVA, so current RVD guidance and prescribed forms should be checked rather than applying assumptions from an ordinary lease.
Use the due-diligence guidance and stamp duty calculator as starting points. For a specific document, learn about legal document review.
Frequently asked questions
Is every residential lease one year fixed plus one year breakable?
No. It is a common market structure, not an automatic rule. Termination and renewal rights depend on the actual clauses.
When must a tenancy agreement be stamped?
The Inland Revenue Department says within 30 days after the date of execution.
Must a residential deposit equal two months' rent?
There is no single amount to apply to every ordinary lease. Record the sum, permitted deductions and return arrangements clearly.
How is fair wear and tear assessed?
Start with the lease, check-in and check-out photographs, inventory and repair records. Seek professional advice if the evidence is disputed.
Do regulated subdivided units use the same rules?
Qualifying tenancies have additional protections and requirements under Part IVA. Use current RVD guidance and prescribed forms.
Official and product sources
- Inland Revenue Department: Stamping of tenancy agreements
- Rating and Valuation Department: Tenancy matters
- GovHK: Leasing a domestic property
- Hong Kong e-Legislation: Landlord and Tenant (Consolidation) Ordinance (Cap. 7)
Revision note：Updated against first-party sources available on 4 September 2026; unsupported anecdotes, fixed market figures and absolute claims were removed.
Disclaimer：General information only; not legal, tax or case-specific tenancy advice. Rights depend on the lease, law and facts.