Jump to content
BANGKOK
lust

Advice about breaking rental contract

Recommended Posts

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?

  • Sad 1

Share this post


Link to post
Share on other sites

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. 

 

 

 

Share this post


Link to post
Share on other sites
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

 

Share this post


Link to post
Share on other sites

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.

  • Like 1

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
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 ???

Share this post


Link to post
Share on other sites

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".

  • Thanks 1
  • Confused 1

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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

 

  • Like 1

Share this post


Link to post
Share on other sites

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?

  • Like 1

Share this post


Link to post
Share on other sites
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.

 

Share this post


Link to post
Share on other sites
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.

  • Haha 1

Share this post


Link to post
Share on other sites
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

  • Like 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

×
×
  • Create New...