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Barry864

Landlord refuses to pay the rental deposit

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Hello to eveyone.

For 1 year I used to rent a condo unit in a soi off Sukhumvit . I rented it through a real estate agent. The contract was for 1 year, 20,000 per month, paid deposit equal to 2 months rent (40,000). The contract ended in mid-October. Then I asked the condo owner, a Thai-Chinese lady who apparently has many units, if I could stay for 3 months more until mid-January as it was not convenient for me to move out a that time nor I wanted to extend for a full year. I paid for the first of the 3 months that I said I would stay, but a few days ago I developed a serious medical problem for which I will need multiple investigations and possibly an operation, and as I do not have any health insurance in Thailand and the costs would be terrifying, I decided to go back home to europe and have my problems sorted there. As I am unaware of the time frame, which could be long, I decided to move out of the condo where I was staying with my long time girlfriend. I informed the landlady a few days before I left, explained the situation, said I have paid all bills to date, no damages and I would leave the keys at the juristic office. She was all sweet and understanding. I informed also the real estate office by Line app and they told me they were not managing anymore the property as the landlady "was not responding to their calls anymore". I messaged the landlady in Line giving my bank details for return of the deposit and then left the condo a couple of days ago  and since yesterday I am back to Europe. We  left the condo in perfect condition with no damages and my soon to be wife spend a whole day to thoroughly clean it as she wanted to leave a good impression. After we left and since the landlady  did not respond to my phone calls, my gf managed to call her at last. Apparently and despite knowing that we already left her property, she told her, that we must pay one more month then stay  2 more months as initially (verbally agreed before) and that "she would deduct the rest of the rental from the deposit". That is my story folks, sorry if I wrote too much.

As this was my first time renting long time in Thailand I would greatly appreciate any advice. I am planning to come back to Thailand in early January and my gf went to stay with her parents.

Thanks in advance

Edited by Barry864
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Just now, The Fat Controller said:

You have left the property without giving the proper notice.

 

You verbally agreed another 3 months, so that is your obligation, so you paid 1 month and she will keep the 40,000 to cover her losses.

 

Just walk away, get yourself well and then move on when you have recovered.

does a verbal agreement stand strong in a thai court of law ?

what is the proper notice in a verbal agreement ?

what will her losses be if she rents it in the next few days ?

I believe what she's doing is shameful and unethical given the circumstances. I would have acted very differently and in a honorable way if I was in her position. But this is the mentality of many (not all) thai people, if you can rip off the farang just go and do it.

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18 hours ago, Barry864 said:

(verbally agreed before)

In court that's a contract especially now you admitted to it. Stop being a scammer!

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OP wishing you a speedy recovery. You had a verbal agreement 

the outcome is fair for both parties. 

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19 hours ago, The Fat Controller said:

You have left the property without giving the proper notice.

 

You verbally agreed another 3 months, so that is your obligation, so you paid 1 month and she will keep the 40,000 to cover her losses.

 

Just walk away, get yourself well and then move on when you have recovered.

You lost me at Thai/Chinese landlady

 

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Barry864,

 

It's not nice, it's not fair and its not ethical.

 

Also, to those prattling on about verbal contracts, do you think Thais give a damn about verbal contracts when the boot is on the other foot, without written guarantees? ...............What a crock of <deleted>!

 

However, you have no chance of a refund, and it will cost you a lot more to employ a lawyers services chasing this cash.

 

You could also if it went to a court, just like an unscrupulous Thai would, say in court that you were renting month by month, and you want your deposit refunded.

 

You will be given the run around until you get so frustrated that you quit chasing your deposit. Thai Chinese are not noted for generosity or compassion.

 

You should not on hindsight, have given the condo a super clean as it is not appreciated, and as another poster stated, allowed your girlfriend to stay in there until the expiry of the lease.

 

Also, again on hindsight,I would not have cleared up all the final bills and stretched it out until the end of the rental term and given them the run around like they are doing to you now. That is what a deposit is for, to cover any eventuality, which includes these utility bills as well as any damage excluding ' wear and tear '. Again, unfortunately, Thais landlords like to call wear and tear damage when it suits them.

 

Other posters are talking nonsense about verbal contracts, they very rarely stand up in Thai courts.

 

  I and many others on this board know the courts and legal entities are ' document mad. The court would have asked the landlady where was the documentation proving you had extended by another three months.The courts do not like, verbal agreements as it becomes ' He said, she said '

 

LIVE AND LEARN for next time, your deposit is gone.

 

 

 

Edited by Scouse123
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20 hours ago, Barry864 said:

does a verbal agreement stand strong in a thai court of law ?

what is the proper notice in a verbal agreement ?

what will her losses be if she rents it in the next few days ?

I believe what she's doing is shameful and unethical given the circumstances. I would have acted very differently and in a honorable way if I was in her position. But this is the mentality of many (not all) thai people, if you can rip off the farang just go and do it.

Not that it makes it right , but I know of many Foreign landlords here in Thailand that pull all kinds of stunts to retain the deposits and then have the nerve to ask for more for dilapidations and damages. Not just a Thai thing.

Might want to tell her you are going to report her rental revenue to the tax people. Last thing people want are the tax folks crawling all over you’re “books”.

 

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If you did not have to renew the contract (at the end of 1 year) and had the landlord agreement for “month to month” rent you were right and she had to return the deposit back. But you asked for 3 months, that sounds like a 3 month contract extension, not really smart. 

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