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Problem with Landlord and TM30


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3 minutes ago, MeePeeMai said:

yea sure - Lease agreement, copy of landlord's Thai ID and a copy of landlord's House Book (Tabian ban) are all needed for a TM30 report (at my local Immigration Office).  Missing one or the other will result in a "mai dai"  ... makes sense to me.

Not to me since OP is dealing with CW. Your local imm has zip to do with op

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6 minutes ago, DrJack54 said:

Why include #4 ...."if that works"

 

Because I'm not sure where he is going.

 

Is he going to Chaengwatthana or Samut Prakan?

 

CW is a better option.

 

As far as I know, they stopped enforcing TM30's for tourist visa extensions at CW, which means he can write down any address.

 

Unless they started enforcing them  again, it can change as the wind blows. Of which, again I am not sure.

 

6 minutes ago, DrJack54 said:

Re #1 Think he needs proof of where he lives. Meaning lease or similar. Hotel booking won't cut it.

Yes it will cut it if he moves into a hotel for 1 night, asks the hotel to report him, and obtains proof from them.

Edited by lkv
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2 minutes ago, lkv said:

Because I'm not sure where he is going.

 

Is he going to Chaengwatthana or Samut Prakan?

 

CW is a better option.

 

As far as I know, they stopped enforcing TM30's for tourist visa extensions at CW, which means he can write down any address.

 

Unless they started enforcing them  again, it can change as the wind blows. Of which, again I am not sure.

 

Yes it will cut it if he moves into a hotel for 1 night, asks the hotel to report him, and obtains proof from them.

Hey man sorry. I have been typing all day off and on re tm30 for annual extensions. You are correct. Op is extending his tourist visa. Feel like a dill. Not uncommon. 

Cheers.

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6 minutes ago, DrJack54 said:

Hey man sorry. I have been typing all day off and on re tm30 for annual extensions. You are correct. Op is extending his tourist visa. Feel like a dill. Not uncommon. 

Cheers.

No worries ????

 

He should clarify though if he is going to Chaengwatthana. We had people before that stated "I live in Bangkok", where Bangkok meant Bearing, which means Samut Prakan, which means likely enforcement of TM30s even on tourist visa extensions (I think).

 

If that's the case, he should go Chaengwatthana and put a random address.

 

If he is going there already, it would only mean they started enforcing it again.

Edited by lkv
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1 hour ago, MeePeeMai said:

yea sure - Lease agreement, copy of landlord's Thai ID and a copy of landlord's House Book (Tabian ban) are all needed for a TM30 report (at my local Immigration Office).  Missing one or the other will result in a "mai dai"  ... makes sense to me.

In other words, you are off topic. The OP is talking about Bangkok, not your unnamed local immigration office.

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9 hours ago, DrJack54 said:
9 hours ago, Leaver said:

It seems that we are now at the stage where foreigners renting property should demand a copy of the owner's Thai ID before signing a lease, and this should be told to an agent as well. 

 

No documents for a TM30 = no tenant = no money for owner.

 

 

That's possible. However it assumes imm has connection to revenue gov office. My guess its an imm driven thing at CW at least.

Side issue is very nice kickback. Many reports of 800baht fine

For any contract to be lawful in Thailand it must contain copies of ID's and be written in thai language. In case of rental contract location's TB would make sense as well.

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12 hours ago, elviajero said:
13 hours ago, DrJack54 said:

? So your saying I can do a tm30 tomorrow as possessor (pay fine if required) obtain a receipt, then a week later I return for annual extension they want a tm30 completed by owner and the receipt I have is useless??

Where you file tm30 is separate from extension area. They either accept tm30 as possessor in person at CW or they do not. Which one?

Yes I believe that is entirely possible.

 

It’s still too early to know what CW want, when and by whom.

Every day imagining new things CW wants next week. That is not very helpful!

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9 hours ago, MeePeeMai said:

yea sure - Lease agreement, copy of landlord's Thai ID and a copy of landlord's House Book (Tabian ban) are all needed for a TM30 report (at my local Immigration Office).  Missing one or the other will result in a "mai dai"  ... makes sense to me.

Shouldn't that be the TB of location you are renting, not the TB the landlord is in.

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18 minutes ago, zhangxifu said:

For any contract to be lawful in Thailand it must contain copies of ID's and be written in thai language. In case of rental contract location's TB would make sense as well.

Absolute rubbish, contracts can be valid in whatever language the parties understand, id copies also have zero todo with validity of contracts.

The only restriction is that real estate contracts shall be in written form and they can't break the consumer protection laws/other laws.

 

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7 minutes ago, ThomasThBKK said:
27 minutes ago, zhangxifu said:

For any contract to be lawful in Thailand it must contain copies of ID's and be written in thai language. In case of rental contract location's TB would make sense as well.

Absolute rubbish, contracts can be valid in whatever language the parties understand, id copies also have zero todo with validity of contracts.

The only restriction is that real estate contracts shall be in written form and they can't break the consumer protection laws/other laws.

Thailand has one official language and that is Thai. Sorry for anyone doing business with you.

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44 minutes ago, zhangxifu said:

Thailand has one official language and that is Thai. Sorry for anyone doing business with you.

Once again absolute rubbish. Hope no one does business with you.

 

http://www.thailandntr.com/en/trade-in-services/laws/organization/download/8?file=Law_TIS_10_EN.pdf

Quote

Section 14 Whenever a document is executed in two versions, one in the Thai language, the other in another language, and there are discrepancies between the two versions, and it cannot be ascertained which version was intended to govern, the document executed in the Thai language shall govern.

 

 

 

A pure thai contract between a Thai and a Chinese/German whatever, who doesn't understand Thai would be invalid.

 

https://www.thaicontracts.com/ask/26-thai-contracts-content/39-does-a-contract-in-thailand-has-to-be-in-thai-language.html

Quote
RATING

Under Thai contract law the parties to the contract must both have the same understanding of the terms of the agreement. This is essential for the contract to be valid. The wording in both languages must be confirm the intentions of the parties.

 

http://www.thailand-business-law-center.com/thailand-contracts/

Foreign language contracts simply get translated to Thai in case of going to court, like in every other normal country...

 

 

Quote

In normal business law practice in Thailand, contracts require 2 competent witnesses. For acceptance by Thai court,Thailand contracts must either be originally drafted in Thai language or must be translated in Thai language.

 

 

Edited by ThomasThBKK
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7 minutes ago, ThomasThBKK said:
51 minutes ago, zhangxifu said:

Thailand has one official language and that is Thai. Sorry for anyone doing business with you.

Once again absolute rubbish. Hope no one does business with you.

 

http://www.thailandntr.com/en/trade-in-services/laws/organization/download/8?file=Law_TIS_10_EN.pdf

Quote

Section 14 Whenever a document is executed in two versions, one in the Thai language, the other in another language, and there are discrepancies between the two versions, and it cannot be ascertained which version was intended to govern, the document executed in the Thai language shall govern.

 

 

 

A pure thai contract between a Thai and a Chinese/German whatever, who doesn't understand Thai would be invalid.

 

https://www.thaicontracts.com/ask/26-thai-contracts-content/39-does-a-contract-in-thailand-has-to-be-in-thai-language.html

Quote
RATING

Under Thai contract law the parties to the contract must both have the same understanding of the terms of the agreement. This is essential for the contract to be valid. The wording in both languages must be confirm the intentions of the parties.

 

http://www.thailand-business-law-center.com/thailand-contracts/

Foreign language contracts simply get translated to Thai in case of going to court, like in every other normal country...

 

 

Quote

In normal business law practice in Thailand, contracts require 2 competent witnesses. For acceptance by Thai court,Thailand contracts must either be originally drafted in Thai language or must be translated in Thai language.

 

 

Exactly what I said. In Thai. Stop spreading false information.

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1 hour ago, ThomasThBKK said:

Absolute rubbish, contracts can be valid in whatever language the parties understand, id copies also have zero todo with validity of contracts.

The only restriction is that real estate contracts shall be in written form and they can't break the consumer protection laws/other laws.

 

You probably bought a car without the ownership documents. No ID's or registration book needed. Right?

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10 minutes ago, AJBangkok said:

I did my TM30 at Changwattana last week, I have my own condo but I saw that they were accepting TM30 forms with a rental contract ( in English ) as possessor. I also spoke to people who were doing it this way. You need to fill the TM30 out as possessor and include copies of your rental agreement, your TM6 card, and pages from your passport with your details, your visa, and your entry stamp. If you have had a previous extension then to be safe include that page as well. The dates you should use on the schedule are the date of your original entry as start date and the  Date your original entry was granted until as your end date. ( it doesn’t matter if you are still living there as the dates need to match your original entry stamp.

 

you need to pay 800 baht fine as well.

 

You will be at section B which is and absolute total zoo. The staff are completely overwhelmed and from what I experienced focused on getting them processed as fast as possible rather than anything else.

 

you will have a lot of time to chat with people as the line is huge and you see people with English rental agreements everywhere.

Thank you for your report. That is how CW has instructed people this year. ((Elseviere has forseen that you won't get an extension with that TM30 though.)) I would recommend online reporting registration for everyone.

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Point us to the law that says contracts have to be written in Thai script, there is none. I pointed to laws that even state otherwise.

It would be simply impossible to do any business in Thailand if foreign contracts are not valid.

 

Do you think japanese toyota workers, real estate buyers etc. sign thai language contracts? lololol. Can't make that shit up.

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15 hours ago, DrJack54 said:

That's possible. However it assumes imm has connection to revenue gov office. My guess its an imm driven thing at CW at least.

Side issue is very nice kickback. Many reports of 800baht fine. 

No argument from me.  The 800 baht fine is just another "farang tax."  No doubt, it will spread across the country.

 

It would be wise to demand all TM30 documents before signing a lease, or renewing a lease, and if the owner / agent refuses, be prepared to walk away and find a property where the owner / agent does. 

Edited by Leaver
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6 hours ago, zhangxifu said:

For any contract to be lawful in Thailand it must contain copies of ID's and be written in thai language. In case of rental contract location's TB would make sense as well.

Immigration don't care if your contract is lawful, or not.  Either do the police.  They are not the Internal Revenue Department, they are Immigration.  They require property owners or foreigners to report the address at which a foreigner resides. 

 

If the owner refuses to do this, due to laziness, or out of concern the information will flag at the Internal Revenue Department, and the owner also refuses to supply the foreigner with documents, so they can arrange a TM30, then the foreigner should seriously consider choosing another property.  

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4 hours ago, ThomasThBKK said:

Point us to the law that says contracts have to be written in Thai script, there is none. I pointed to laws that even state otherwise.

It would be simply impossible to do any business in Thailand if foreign contracts are not valid.

 

Do you think japanese toyota workers, real estate buyers etc. sign thai language contracts? lololol. Can't make that shit up.

You already have.

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10 minutes ago, Leaver said:
6 hours ago, zhangxifu said:

For any contract to be lawful in Thailand it must contain copies of ID's and be written in thai language. In case of rental contract location's TB would make sense as well.

Immigration don't care if your contract is lawful, or not.  Either do the police.  They are not the Internal Revenue Department, they are Immigration.  They require property owners or foreigners to report the address at which a foreigner resides. 

 

If the owner refuses to do this, due to laziness, or out of concern the information will flag at the Internal Revenue Department, and the owner also refuses to supply the foreigner with documents, so they can arrange a TM30, then the foreigner should seriously consider choosing another property.  

The point was that it is common custom to include id and tb in the rental contract. As with out id it's not legally binding. So now you have another reason to ask for these docs, TM30 and make sure you get them while making a rental contract. Or if not available, choose another property, yes. Easy!

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7 hours ago, zhangxifu said:

Every day imagining new things CW wants next week. That is not very helpful!

I gave opinion, based on years of experience, in answer to a direct question.

 

Immigration are using the TM.30 in two ways:

1. To comply with the law when someone arrives at a property. Often they are happy that the alien self-reports;

2. As confirmation of address when applying for an extension of stay. Often offices insist this is a third party, and in most cases that it’s the owner.

 

So, IMO, there is a high chance that the applicant self-reporting will not be accepted even though it satisfies (1.), because the purpose of the report when applying for an extension (2.) is confirmation of the address by a third party.

 

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3 minutes ago, elviajero said:

I gave opinion, based on years of experience, in answer to a direct question.

 

Immigration are using the TM.30 in two ways:

1. To comply with the law when someone arrives at a property. Often they are happy that the alien self-reports;

2. As confirmation of address when applying for an extension of stay. Often offices insist this is a third party, and in most cases that it’s the owner.

 

So, IMO, there is a high chance that the applicant self-reporting will not be accepted even though it satisfies (1.), because the purpose of the report when applying for an extension (2.) is confirmation of the address by a third party.

 

But people have been self filing for months now at CW and it IS accepted. Nobody has years of experience on TM30. How many have you filed? What is your experience? You write like you knew something about this, only to satisfy your own imagination.

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4 minutes ago, zhangxifu said:

But people have been self filing for months now at CW and it IS accepted. Nobody has years of experience on TM30. How many have you filed? What is your experience? You write like you knew something about this, only to satisfy your own imagination.

As I explained, self reporting can satisfy the reporting law, but may not satisfy a report required as part of an extension application. 

 

It is my OPINION. End of.

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40 minutes ago, zhangxifu said:

The point was that it is common custom to include id and tb in the rental contract. As with out id it's not legally binding. So now you have another reason to ask for these docs, TM30 and make sure you get them while making a rental contract. Or if not available, choose another property, yes. Easy!

 

Rubbish, once again, even e-singatures are enough for a legally binding contract not exceeding 3 years of lease, like most other countries in the world: https://www.docusign.com/how-it-works/legality/global/thailand

 

This is the rental lease law: https://www.thaicontracts.com/articles/8-thai-law-isn-t-simple/18-legal-aspects-of-lease-rental-tenancy-in-thailand.html#law-text

 

Of course it says no word about having to attach id cards and housebooks, the only thing important is signatures of renter, landlord and 2 witnesses.

 

In general even verbal agreements are binding outside of property law - like with every other country too.

 

 

51 minutes ago, zhangxifu said:

You already have.

Absolute rubbish, as always.

https://www.thailandlawonline.com/article-older-archive/real-estate-leasehold-lease-and-tenancy-laws

Quote
  1. A rental or lease up to 3 years can be written in another language and does not need to be registered with the land department;

 

 

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14 minutes ago, elviajero said:

As I explained, self reporting can satisfy the reporting law, but may not satisfy a report required as part of an extension application. 

 

It is my OPINION. End of.

Anybody's opinion is a terrible advice. By experience can we gain knowledge.

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