Advice about breaking rental contract

[lust]

Owner has 2 month deposit of 26,000baht.

 

House is new, we are the first renters. 

 

Due to poor quality construction, we have been dealing for months with sewage pipe leaks through the ceiling, down the walls, and now we have 2 toilets that don’t flush on the upper floor. The moohbaahn has offered to fix it, however we are unable to use the water so it’s not livable. We have a child and my wife is pregnant. 

 

The owner said he will not return the deposit if we leave.

 

Tempted to just take 26,000 worth of furnishings and call it a day. Any advice how to deal with this?

[Crossy]

Firstly, do NOT steal items from the house, that route could lead to a world of hurt.

 

Does the owner agree there's a problem?

Does he have another property you could move in to (permanently or at least whilst the issues are sorted)?

 

Whatever you do, gather plenty of evidence because if you break the contract you are likely going to have to sue the owner to get your deposit back.

 

Not a massive amount of help I know, but he has your money and you don't, possession being 9/10 of the law ????

 

[lust]

He is aware of the problem. He’s trying to pin it on us, insinuating that we don’t know to use a toilet. He’s not willing to help at all. Wasn’t even willing to help with the TM30 report. 

 

As far as the possession being 9/10 of the law, I agree with that, but I’m also in possession of his belongings, and he isn’t.

 

I have no interest in removing 3 air conditioning units to make up for the 26,000baht, but I will not just let him keep the money.

 

So frustrating. Can’t even wash our hands since there’s no water. Have to take my son to the visitor bathroom at security. 

 

 

 

[ThomasThBKK]

7 hours ago, lust said:

He is aware of the problem. He’s trying to pin it on us, insinuating that we don’t know to use a toilet. He’s not willing to help at all. Wasn’t even willing to help with the TM30 report. 

 

As far as the possession being 9/10 of the law, I agree with that, but I’m also in possession of his belongings, and he isn’t.

 

I have no interest in removing 3 air conditioning units to make up for the 26,000baht, but I will not just let him keep the money.

 

So frustrating. Can’t even wash our hands since there’s no water. Have to take my son to the visitor bathroom at security. 

 

 

 

well, you can just move out and cost him a good amount of money, he would have to sue you to be legally able to get a new renter in which is verrrryyy annoying: https://thethaiger.com/thai-life/law-order-evicting-tenant-thailand#targetText=Law and Order%3A Evicting a Tenant in Thailand&targetText=The tenant may stop paying,to live in the home.

 

make that clear to him and he may change his mind

 

[blackcab]

Do not take the landlords property or damage the building. This would make it a criminal matter.

 

There are cases where non-Thai tenants have done this. The landlord has filed a criminal complaint and the ex-tenant has been prevented from leaving Thailand for 3 years because they have had to pay to fight an extensive legal case.

 

As in any country, the correct way forward is to resolve the matter through the Courts.

[CharlieH]

Only my personal thoughts, but for the sake of the family, why not just get it fixed ! family is sorted, then deduct the cost of the repairs from the rent. Make sure you document and photograph everything regarding the repair work.

[lust]

1 hour ago, CharlieH said:

Only my personal thoughts, but for the sake of the family, why not just get it fixed ! family is sorted, then deduct the cost of the repairs from the rent. Make sure you document and photograph everything regarding the repair work.

They have sent like 6 different workers to try and fix it. Seems like the problems are just getting worse, and damaging other things in the process. There was someone who came to the house yesterday, he looked like he was 16. He made a hole in the wall, covered our whole kitchen with about a cm of dust, then cut the water line. Little did he know, he cut the wrong pipe, water flooded our kitchen, and so he spent the rest of the day trying rob repair the mistake.  

 

The owner also showed up last night during this, and was very rude acting like his shitty house is our fault. No empathy or sympathy for my pregnant wife or our situation. No compromise, no suggestions.

 

We have 6 months remaining in our contract. I don’t want to move. I like the house. But he’s saying we are breaking contract if we leave even though the house isn’t livable.

 

My wife said that if we stay for the 6 months, he’s still going to find a way to try and keep the deposit which I agree with.

 

i don’t want to damage or take anything, but I don’t want to give this guy 26,000 for his moneypit house. 

[fulhamster]

19 hours ago, lust said:

He is aware of the problem. He’s trying to pin it on us, insinuating that we don’t know to use a toilet. He’s not willing to help at all. Wasn’t even willing to help with the TM30 report. 

 

So when you file your own TM30, mention that in passing.

He may get a visit from Immigration.

 

Or would that make things worse ???

[dotpoom]

I have hardly ever rented in Thailand, had my own places mostly....but when I did have cause to place a deposit down, I have taken the same view as I do when having a bet..."Don't put it down unless you're prepared to lose it".

[CharlieH]

21 hours ago, lust said:

They have sent like 6 different workers to try and fix it. Seems like the problems are just getting worse, and damaging other things in the process. There was someone who came to the house yesterday, he looked like he was 16. He made a hole in the wall, covered our whole kitchen with about a cm of dust, then cut the water line. Little did he know, he cut the wrong pipe, water flooded our kitchen, and so he spent the rest of the day trying rob repair the mistake.  

 

The owner also showed up last night during this, and was very rude acting like his <deleted>ty house is our fault. No empathy or sympathy for my pregnant wife or our situation. No compromise, no suggestions.

 

We have 6 months remaining in our contract. I don’t want to move. I like the house. But he’s saying we are breaking contract if we leave even though the house isn’t livable.

 

My wife said that if we stay for the 6 months, he’s still going to find a way to try and keep the deposit which I agree with.

 

i don’t want to damage or take anything, but I don’t want to give this guy 26,000 for his moneypit house. 

So why don't "you" get a decent repair guy and put it straight etc. Whatever it takes, because he's going to be paying for it. You now have sufficient cause to take-over. Poor response, cheap bodge efforts etc, all documented. Put it into a liveable acceptable condition, and make him pay for it through the rent. Accept the fact you won't get the 26k back and burn that up at the end of the contract by over running if the relationship hasn't improved.

[worgeordie]

By the sounds of things,no way is the landlord going to return

your deposit ,even if you stay till the end of your contract,he

is going to say you caused all the damage,so the only solution

for you is not to pay the last 2 months,I take it the rent is 13K

p.m.?

 

Even that is not strictly legal,that is if he has a clause in the

contract that says the deposit does not form any part of rent.

I cannot understand why some Thai landlords are like this,

failing to do repairs and look after their tenants,finding

good tenants now is not easy,so he gets to keep the 26K,

but could take 3-4 months finding a new tenant,so potentially

losing at least 48 K, 

regards worgeordie

 

[AJBangkok]

I think under the new laws you are only required to give 1 months notice regardless what the contract says. From what you are saying I doubt you will see your deposit back anyway. Are you still paying the monthly rent while this is happening?

[nickmondo]

2 hours ago, worgeordie said:

By the sounds of things,no way is the landlord going to return

your deposit ,even if you stay till the end of your contract,he

is going to say you caused all the damage,so the only solution

for you is not to pay the last 2 months,I take it the rent is 13K

p.m.?

 

Even that is not strictly legal,that is if he has a clause in the

contract that says the deposit does not form any part of rent.

I cannot understand why some Thai landlords are like this,

failing to do repairs and look after their tenants,finding

good tenants now is not easy,so he gets to keep the 26K,

but could take 3-4 months finding a new tenant,so potentially

losing at least 48 K, 

regards worgeordie

 

Thai logic does not consider that 48k loss is a problem

it will not even cross the owners mind that if he spends a few baht fixing the problem, that he will keep his tenant.

that is thinking ahead and lateral thinking, which does not exist.

it is not just thai landlords that do this, it is the same world wide, unless the deposit is held by an organisation such as the Deposit Protection Scheme, which is law in the uk.

 

[nickmondo]

23 hours ago, fulhamster said:

So when you file your own TM30, mention that in passing.

He may get a visit from Immigration.

 

Or would that make things worse ???

i think you will find that the owner is required by Thai law to do the TM30

so yes, he will be in deep cacky poo for not doing this.

[nickmondo]

23 hours ago, fulhamster said:

So when you file your own TM30, mention that in passing.

He may get a visit from Immigration.

 

Or would that make things worse ???

he will definately get a fine for not reporting the TM30 within 24 hours, so the OP should definately go and report him.

it aint going to make matters any worse

[AtlasAus]

On 8/19/2019 at 1:40 PM, lust said:

My wife said that if we stay for the 6 months, he’s still going to find a way to try and keep the deposit which I agree with.

Mate is the landlord Thai ? Is your Wife Thai ? 

 

Your Wife is right.... I doubt you will ever see your deposit again. 

 

Take the hit, move on and find something else. I had to do this, not because of the landlord, a psycho ex, so the best way was to leave without a trace, sux, but we are not in a western society... Trying to do it legally will cost you much more than your deposit, your health and for the sake of your child and mother to be, move on. Chalk it up to experience. 

[newnative]

Do NOT steal the furniture or anything else. That could just bring on more problems.  You could go to court to try to get your deposit back but the lawyer's fees would probably eat up anything you might get--if you get anything at all.  Not worth the time or the risk in my opinion.  In your shoes, from what you have described, I would cut my losses and move to another rental.

[The Theory]

“We have 6 months remaining in our contract. I don’t want to move. I like the house. But he’s saying we are breaking contract if we leave even though the house isn’t livable.

 

My wife said that if we stay for the 6 months, he’s still going to find a way to try and keep the deposit which I agree with.” 

 

This is what I would do if I were you:  I would hire a professional repairman, not any guy who just walk in to give a try. Get it fixed and stay there with less stress till you decide to move out. Then you will deal with the landlord regarding the deposit. 

Moving out now will cost you not only financially but also will damage your mind and health of you and your pregnant wife.

Don’t forget to document everything regarding the repair. 

[timendres]

Your choice, as mentioned already, is to pay for the repairs and document the cost, or to move. Either way, you are going to lose the deposit. I would bet double your deposit on that outcome.

 

Begin locating a better place to live, and prepare to move at the time that minimizes your loss. Do not pay the final rent that is equivalent to the repair costs, and submit a notice to the landlord that you are applying the repair costs to your rent. Then move. Be sure to have any of your valuables removed from the residence before this action is made clear to the landlord.

 

I have been extremely fortunate in that all four landlords I have rented from in Thailand have been wonderful and have treated me fairly and with respect. But the stories of bad landlords are numerous, and they almost never end well.

 

I am a renter here and a landlord back home. Back home, I have had renters screw me for many thousands of dollars, and it has never paid to try to recover it. In fact, it just added to my costs. Now, I simply move on. Your insistence that this landlord will not get away with your deposit is likely just going to be a source of stress and grief and nothing more. Accept it and move on. In my opinion, the suggestions regarding the TM30 are also a bad idea.

[alacrity]

On 8/20/2019 at 11:23 AM, AtlasAus said:

Mate is the landlord Thai ? Is your Wife Thai ? 

 

Your Wife is right.... I doubt you will ever see your deposit again. 

 

Take the hit, move on and find something else. I had to do this, not because of the landlord, a psycho ex, so the best way was to leave without a trace, sux, but we are not in a western society... Trying to do it legally will cost you much more than your deposit, your health and for the sake of your child and mother to be, move on. Chalk it up to experience. 

Technically TM30's leave a trail. Doubt the landlord could care less though.

[madmen]

On 8/20/2019 at 10:58 AM, nickmondo said:

he will definately get a fine for not reporting the TM30 within 24 hours, so the OP should definately go and report him.

it aint going to make matters any worse

tm30 must be lodged by either the owner or the tenants if the owner is not available. OP Will get fined.Also if the op tries to not pay rent the owner will cut the electric and water TIT