Upon receiving a cheque + signed, but amended, Offer to Lease ― how often do landlords U-turn, and accept amendments they previously rejected?
This is a COMMERCIAL tenancy in Hong Kong. Landlord rejected all my Lawyer’s amendments to the two unconscionable clauses below in the **OTL (“Offer to Lease”)** drafted by Landlord.

My Lawyer suggests a counter-offer as the last move! Lawyer advises me to submit my deposit cheque + signed, but amended, OTL ― to prove commitment. 

## In Lawyer’s experience, some landlords bluff and playact! Once some landlords receive the signed cheque + amended OTL ― they backpedal, and accept Tenant’s amendments! How correct is Lawyer? How commonly do Landlords U-turn?

### Beneath is Landlord’s original paragraph 1. 

&gt;1. Should Tenant fail to execute and return the formal Tenancy Agreement duly executed by Tenant, Landlord may either:
&gt;
&gt;(a) proceed to stamp this Offer ― thereby deeming the Tenancy Agreement in Landlord’s prescribed form incorporating this Offer’s terms and conditions have been signed by the parties, and thereupon become enforceable against the parties; or 
&gt;
&gt;(b) terminate this Offer immediately ― whereupon the payment made by Tenant to Landlord upon the signing of this Offer shall be forfeited by Landlord absolutely, but without prejudice to any other right or remedy Landlord may have over Tenant’s breach. Landlord shall be entitled to re-let the Premises to any person on such terms whatsoever.  
	
#### Landlord rejected my Realtor’s amendments beneath.

&gt;1. Should Tenant fail to execute and return the formal Tenancy Agreement ***in the form that the parties have yet to, but shall, reasonably agree*** ~~duly executed by Tenant~~, Landlord may either: […Realtor didn't modify (a) or (b)…]
&gt;
&gt;***Notwithstanding anything to the contrary, Landlords shall be entitled to forfeit merely the deposit only if Tenant withdraws from the negotiation of the Tenancy Agreement reasonlessly and in bad faith. Both parties shall perform this Offer to Lease. Landlord and Tenant shall negotiate the Tenancy Agreement in best endeavors and in good faith.***

Landlord emailed Tenant a draft UNfinished TA, but Landlord refuses to finalize the TA until Tenant signs OTL. But my Lawyer hates this tenant protection waiver in the TA ―

&gt;To the extent that Tenant can lawfully do, Tenant hereby expressly agrees to deprive itself of all rights (if any) to protection against eviction or ejectment afforded by any existing or future legislation. Tenant agrees to deliver up vacant possession of the said Premises to the Landlord on the expiration or sooner determination of this term, notwithstanding anything to the contrary.

### Beneath is Landlord’s original para. 2.

&gt;2\. Tenant’s charges, such as the rent, Management Fee, Air Conditioning Charges, shall be subject to increase any time, and upon Landlord giving to Tenant one month’s written notice. Such increase shall be subject to review based upon the increase in the cost of service provided. The number of such increases is unlimited.

#### Landlord rejected my Lawyer’s amendment beneath.

&gt;~~The number of occasions of such increases is unlimited.~~ ***The total amount of any increase(s) within the reasonable control of the Landlord, is capped at 20% (twenty per cent) per  year.***
[{"id": "j0b5axc", "text": "I would run the other way instead. \n\n1st one reads as inconsequential and like your lawyer has bigger things to focus on. It\u2019s also a good reason not to send payment expecting a revised lease. \n\n2nd one, the revision doesn\u2019t actually address what the landlord wants which is a waiver of tenant protections and the ability to raise rates with a 30 day notice.  That indicates the landlord isn\u2019t that hungry to lease. You can use your attorneys logic, that when faced with a check, they\u2019ll agree, and look at it like, when faced with monthly rent checks they will not be inclined to ruin that.  I think I would prefer a lease that did not attempt to waive away future tenant rights. \n\n3rd one is just unreasonable.  Unless base rent is exceptionally low, this means you almost certainly will get that 20% increase because your attorney practically asked for it.  Unlimited increases sounds worse but it means you\u2019re tied to any potential market booms, unless he wants to intentionally price you out. What does the lease say happens if you can\u2019t afford his arbitrary increases? That\u2019s what you should worry about.", "replies": [], "depth": 1}]