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Landlord not going to return apartment deposit.


New beginnings

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2 hours ago, BestB said:

Fascinating stories and i know my landlord some 10 years ago tried to pull this <deleted> and was arrested 30 mins later with 250 000 bail.

 

Just as i know back in BKK, Sukhumvit Park condo, Soi 10, a number of cases where owners tried to lock tenants out and all ended up locked up with 250 000 bail.

 

In all cases, including my own rent was overdue but 2 months worth of security deposit.

 

yeah same <deleted> happened to us, seemed like hiso landlord is not so hiso and was crying like a <deleted> after police visited him....just a bit further down the road in sukhumvit...

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18 hours ago, ThomasThBKK said:

 

In 99% of these cases the reasons are either

1) She would just like to keep it to buy a new handbag

2) She would just like to keep it because she already bought a new handbag and has no money or simply does not want to use her own money to repay you

 

 

 

He didn't ask what does she intend doing the money ....he asked "what reason" did she give for not returning the deposit?

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23 hours ago, New beginnings said:

Many thanks for your reply BestB. I pay rent 12th monthly. From your comments are you saying that, pending me pursuing other action to recover  the deposit, I do not have to leave when the current tenancy expires on 12 November or will I be evicted. Also as all rent has been paid through the letting agent would they be able to confirm proof of rent paid?

Onbudsman office. 

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Many landlords cannot leave thousands of baht in a bank account without spending it. They will do the typical Thai way of I will worry about it later. Many posters have made good comments on how to deal with these clowns.

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7 minutes ago, johnmcc6 said:

Many landlords cannot leave thousands of baht in a bank account without spending it. They will do the typical Thai way of I will worry about it later. Many posters have made good comments on how to deal with these clowns.

You know the funny thing is the only times I had trouble with deposits was when landlord was a foreigner. Never had any issues with Thai landlords.

 

same thing when it comes to fixing things. 

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On 10/22/2019 at 9:52 PM, RichardColeman said:

Had 3 Thailand landlords - 2 paid deposit back in full. 1 made up silly reasons to keep 2 months worth.

When renting a house, always plan on losing it and be grateful if you get anything back.

I always take a Thai with me as witness when theres money involved...seems to me they are happy to screw me if I'm alone but if another thai sees them, they are on their best behaviour.......works for me!  

 

Considering using airbnb when I return next month so no deposits and can bail if it sucks, etc...insurance

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If she won't give you back the deposit, and if there are curtain rods in your apartment, buy some fresh prawns and put them inside the curtain rods before you leave. After a short time, especially in the heat, a foul smell will exist in the apartment.

Your ex-landlady will pay a small fortune getting the apartment cleaned and re-cleaned as well as probably getting it repainted. She will probably never discover the source of the smell!

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On 10/23/2019 at 8:41 AM, New beginnings said:

Many thanks for your reply BestB. I pay rent 12th monthly. From your comments are you saying that, pending me pursuing other action to recover  the deposit, I do not have to leave when the current tenancy expires on 12 November or will I be evicted. Also as all rent has been paid through the letting agent would they be able to confirm proof of rent paid?

I paid my deposit to the property agent,and not to the owner. The agent keeps my money. I will get my money back after the inspection when/if moving out.

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begins to look as though the OP is making a meal of this.

Turns out the landlord wants to delay a little ( to check her property?) and, not unreasonably in my view, doesnt want the hassle of international bank transfers.

If OP has been here at least 6 years he has a thai bank account I assume. Let her repay the deposit into that and let him take responsibility for repatriating his funds.

Very different story from 'My landlord wont return my deposit' !

Or have I misunderstood.....?

 

 

 

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36 minutes ago, beau thai said:

begins to look as though the OP is making a meal of this.

Turns out the landlord wants to delay a little ( to check her property?) and, not unreasonably in my view, doesnt want the hassle of international bank transfers.

If OP has been here at least 6 years he has a thai bank account I assume. Let her repay the deposit into that and let him take responsibility for repatriating his funds.

Very different story from 'My landlord wont return my deposit' !

Or have I misunderstood.....?

 

 

 

I also started to think same but OP clarified it his contract states 15 days, landlord now says 30 and will not do international transfer 

 

If contract says 15 then it is 15. If she wants to make it 30 then tough luck would need to bother with international transfer. 
 

fair is fair !  No? She had tenant for 6 years, least she can do is be reasonable instead of being a big C word. 

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14 hours ago, BestB said:

You know the funny thing is the only times I had trouble with deposits was when landlord was a foreigner. Never had any issues with Thai landlords.

 

same thing when it comes to fixing things. 

You are correct re Thais fixing things. Never had a problem.

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5 hours ago, beau thai said:

begins to look as though the OP is making a meal of this.

Turns out the landlord wants to delay a little ( to check her property?) and, not unreasonably in my view, doesnt want the hassle of international bank transfers.

If OP has been here at least 6 years he has a thai bank account I assume. Let her repay the deposit into that and let him take responsibility for repatriating his funds.

Very different story from 'My landlord wont return my deposit' !

Or have I misunderstood.....?

 

 

 

 

Firstly I do have a Thai bank account. However she has clearly stated that she will only refund some of the security deposit if I remain in Thailand until money is paid. She has also said that it is entirely her decision how much of the deposit will be returned adding that deposit will be used to cover cost of restoring apartment to same condition as when I moved in 6 years ago not taking into account general wear and tear. Here it should be noted that no damage to any items caused but she is looking to replace some items, although she wont say which, with new goods.

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1 minute ago, New beginnings said:

 

Firstly I do have a Thai bank account. However she has clearly stated that she will only refund some of the security deposit if I remain in Thailand until money is paid. She has also said that it is entirely her decision how much of the deposit will be returned adding that deposit will be used to cover cost of restoring apartment to same condition as when I moved in 6 years ago not taking into account general wear and tear. Here it should be noted that no damage to any items caused but she is looking to replace some items, although she wont say which, with new goods.

Has she responded to your email? If not, perhaps time to move on to phase 2. which is to contact OCPB, file a case and ask them if they could please contact her by phone as it may help to come to an agreement without all the paperwork, if you know what i am saying.

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12 minutes ago, BestB said:

Has she responded to your email? If not, perhaps time to move on to phase 2. which is to contact OCPB, file a case and ask them if they could please contact her by phone as it may help to come to an agreement without all the paperwork, if you know what i am saying.

 

Not yet. Popped into letting agents today to confirm checkout date handing them a copy of her message regarding deposit. They have agreed to phone her and check why she is looking to delay any payment. Will see what they come back with before taking any further action. Many thanks for your advise, really appreciated.

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OP: It's not unreasonable for a landlord / lady to delay the return of a deposit by a few weeks to a month - it depends on the size of the property, what repairs need to be carried out etc and what costs need to be estimated. 

 

 

When I moved out of a property 2 Years ago the deposit was returned after subtracting electricity and water. Also after subtracting damages (replacement of a fridge door which we had dented, and replacement of the glass part of the surface / hob cooker which was scratched through regular use) - I was fine with the amount returned and understood the delay, I received a receipt for all replacement parts and repair work, I think I got back about 128,000 baht of a 140,000 baht deposit - it took about 4 weeks. 

 

We moved from another property just last month, after subtraction of electricity and water there were some other subtractions, repair to a hole in the sofa, repairs to damage in the maids bathroom - an arbitrary value of 10,000 baht was returned, so about 3500baht after electricity for the repairs etc. 

- Again, I was fine with this (no repair receipts). I received 90,000 baht back of a 100,000 baht deposit - again it took about 4 weeks. 

 

 

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3 minutes ago, richard_smith237 said:

OP: It's not unreasonable for a landlord / lady to delay the return of a deposit by a few weeks to a month - it depends on the size of the property, what repairs need to be carried out etc and what costs need to be estimated. 

 

 

2 Years ago after moving out of a property the deposit was returned after subtracting electricity and water. Also after subtracting damages (replacement of a fridge door which we had dented, and replacement of the glass part of the surface / hob cooker which was scratched through regular use) - I was fine with, I received a receipt for all replacement parts, I think I got back about 128,000 baht of a 140,000 baht deposit - it took about 4 weeks. 

 

We moved again just last month, after subtraction of electricity and water there were some other subtractions, repair to a hole in the sofa, repairs to damage in the maids bathroom - an arbitrary value of 10,000 baht was returned, so about 3500baht after electricity for the repairs etc. 

- Again, I was fine with this (no repair receipts). I received 90,000 baht back of a 100,000 baht deposit - again it took about 4 weeks. 

 

 

 

Hi - Obviously you are living in larger properties and as such I can understand why return of deposit can be delayed in order that property can be fully checked. I actually live in a small studio in condo and therefore inspection can be carried out quite quickly in no more than 30 minutes. Also signed tenancy agreement clearly states deposit is to be returned within 15 days. Indeed letting agents advise they are normally able to return deposit well within this time period.

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For the OP

you can find some advice in a similar situation already discussed here in

last july, also in Chiang mai.

 

and i am surprised your discussion is in the Chiang Mai forum and not

in the ''Real Estate'' part of the forum.

Anyway it should be nice to let us know how you sort out all of this at the end.

 

We unfortunately rarely have the end of the stories started here, and it should be useful

for the others to know if something works or not.

 

Thank you in advance and good luck.

 

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7 hours ago, New beginnings said:

 

Firstly I do have a Thai bank account. However she has clearly stated that she will only refund some of the security deposit if I remain in Thailand until money is paid. She has also said that it is entirely her decision how much of the deposit will be returned adding that deposit will be used to cover cost of restoring apartment to same condition as when I moved in 6 years ago not taking into account general wear and tear. Here it should be noted that no damage to any items caused but she is looking to replace some items, although she wont say which, with new goods.

How do you expect her to know how much if any security deposit she will return until after you move out and she has has a chance to inspect and get estimates on what needs to be repaired or replaced?  

 

She nor you know what condition it will be in until you move out and return the property to her.

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1 hour ago, Dante99 said:

How do you expect her to know how much if any security deposit she will return until after you move out and she has has a chance to inspect and get estimates on what needs to be repaired or replaced?  

 

She nor you know what condition it will be in until you move out and return the property to her.

 

I fully understand your comments and agree with you. My main issues are that she has already stated that she expects the condo to be in same condition as when I moved in 6 years ago not allowing for general wear and tear. Is insisting that I do not leave Thailand for one month plus 1 day after checkout date. Indeed she has specifically stated I do not book flight, even though I have a Thailand bank account, for the full period she has now stated. Actually I will only be moving to Cambodia and will be keeping account open for when I visit Thailand in future.. Here it should be noted that signed tenancy agreement states unambiguously security deposit to be returned within 15 days of checkout. She clearly knows that for me to book alternative accommodation for this period will cost in excess of deposit. She is also aware that I have already signed tenancy agreement on apartment in Siem Reap and therefore will not have to pay any additional rent if I just move to Siem Reap now.

 

This is a message she has actually sent:-

 

“Follow the contract. If you want to get money (security deposit) soon, right? So do it. Get freedom for yourself early. Don’t think to much”

 

This is just one of many messages I have received from her with others being far more explicit regarding my limited chances of getting back deposit and even then payment will be minimal as, she has said in another message, that it is at her sole discretion whether any of the deposit will be returned.

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10 minutes ago, New beginnings said:

She clearly knows that for me to book alternative accommodation for this period will cost in excess of deposit

So the deposit can not be a lot of money.  How much is it?

10 minutes ago, New beginnings said:

She is also aware that I have already signed tenancy agreement on apartment in Siem Reap and therefore will not have to pay any additional rent if I just move to Siem Reap now.

So you told her a lot that you could have kept to yourself and she is using it against you.  Stop talking about anything but the lease issues.

11 minutes ago, New beginnings said:

This is a message she has actually sent:-

 

“Follow the contract. If you want to get money (security deposit) soon, right? So do it. Get freedom for yourself early. Don’t think to much”

Sounds right to me.  Follow the contract.  Maybe she will, maybe she won't, can't know until it happens.  Clearly she is pushing your buttons successfully now.

 

17 minutes ago, New beginnings said:

My main issues are that she has already stated that she expects the condo to be in same condition as when I moved in 6 years ago not allowing for general wear and tear.

What does the lease say about this?  Is it clear about it? You have never said, only complained about her position.

18 minutes ago, New beginnings said:

Is insisting that I do not leave Thailand for one month plus 1 day after checkout date. Indeed she has specifically stated I do not book flight,

And you take that seriously!  I doubt there is anything in the lease about that is there?  Really be reasonable, how can she demand that, how can she even know if you have left the country?  You have every right to make a POA so somebody else can legally handle it for you including recieving the deposit refund and you could be on Mars.

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