Hi guys i've been reading about this for 2 hours and can't find a definitive answer so i'm going to ask here. I want to break my 12 month house contract and move back to the UK because my dad is terminally ill and might only have 4 months to live. I'll be leaving with 7 months left on the contract. The contract is actually really basic because its the second year we've lived there, the first year was a proper contract and in that contract is says at the end of the 12 months if we want to stay then a new contract needs to be negotiated, the second contract for the current year is just an email with the basic info about dates and rent that I signed. There is no early termination clause in the current email contract or the more official one from last year when we originally moved in.
The landlord says i'm liable for rent until he finds a new tenant. I would be happy to start looking now so then it could be filled for the beginning of the next calendar month potentially which would mean I don't have to pay for an empty house. But he wants to wait for me to move out and do a bit of re-decorating to make it look nice so that he can charge more money for the next tenants. So I have to effectively pay for an empty house until he's given it a good lick of paint and finds a tenant thats willing to pay what he wants. I was expecting to be able to fill it with someone paying the same amount as me as quickly as possible.
I understand Thai law does not permit me to sublet unless he agrees which he probably won't because he was clear on the phone he wants to do it up a bit and charge more money. I also understand Thai law does not permit me to transfer my contract to someone else, he would need to draw up a new one with a new tenant.
I also understand that new leasing laws came in to effect in 2018 stating that a tenant can exit a 12 month lease with 30 days notice or something to that effect but that this only applies to landlords with 5 properties or more which I don't think he has.
Also when I signed the 12 month contract I was going through a divorce and I didn't know where I would be at with my visa but the landlord insisted I had to sign for 12 months because he needed the security so despite me not being sure if I was staying in Thailand due to visa reasons I signed with the 12 months because I have a lot of equipment and it made more sense to risk the 12 month contract rather than shift all my gear around at that time. So I said to him I will sign a 12 month contract as long as when I give you notice you just get it on the market and get it filled and i'll take the risk of having a potentially empty house for a few months. I'll tell you why I did that because i'm only paying 29,000 baht a month for a massive 3 bed house in Phuket with a private pool in a really good location and there's no way that post covid and with the huge influx of Russians that I can't get that house filled in a short space of time with the value for money. Thats why I took the risk of tying my self in for 12 months coz I thought it would be piss easy to fill it. Now he says he wants do it up and charge more and I just have to wait until he's happy and bend over and take it? Anyone got any advise? Thanks