MakeYouPay
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8 hours ago, Skipalongcassidy said:You are breaking the lease ("for other reasons")... are you paying out the term of the lease that you agreed to... I think not... you just want to walk away with no obligation... security deposits are put in place because of people like you... renters who damage property and renters who break the lease... a lease is a contract for a specified period of time and for a specified amount of money... it's not something that you can just walk away from "for other reasons" because you want to without satisfying the lease terms. Grow up... fulfill your obligations... you made them.
"""The lessee has the right to terminate the lease agreement early with a minimum of 30 days advance written notice given to the landlord."""
https://www.duensingkippen.com/thailandpropertylawblog/?p=364- 1
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8 hours ago, ICU Kid said:
Maybe you could look into subletting?
or
finding someone to take over the lease,
As it is now, it's not like you have anything to lose
unfortunately it has been vacant for 3 years and I don't see any luck of finding another tenant in some days. the price is just nuts 25k baht a month
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7 minutes ago, Etaoin Shrdlu said:
Normal rental contracts will not hold the tenant responsible for normal wear and tear.
In addition to normal wear and tear, there is damage due to negligence. Negligence is when someone does not take sufficient care or precautions and loss or damage ensues.
For example, a tenant may forget to close a window when leaving the house and while the tenant is out a rainstorm causes water damage to the rental property due to the window being left open. The tenant was negligent in forgetting to close the window and thus the ensuing damage is his responsibility.
Then there is intentional damage which may be subject to Section 358 of the Thai Criminal Code.
The landlord's refusal to return the deposit does not negate the effect of Section 358 if the landlord's property is intentionally damaged.
thank you.
I think topic closed then, thank you,
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4 minutes ago, bignok said:
75,000 ?
8,000 a month in hotel. Only 500 deposit.
You got ripped off.
the rent's 25k ????
actually 30 if you factor in 5k for electricity... (ac)
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Just now, Etaoin Shrdlu said:
Might want to read up on Section 358 of the Thai Criminal Code:
Section 358. Mischief
Whoever, damaging, destroying, causing the depreciation of value or rendering useless the property belonging to the other person or which the other person to be the co-owner, such person to be said to commit mischief, and shall be imprisoned not out of three years or fined not more of six thousand Baht, or both.
Thank you, but i don't understand then,
They can't whitheld the deposit for tear caused due to time but it's criminal to cause damage? and how else would damage occur that is not due to time (wear) that would allow for the security deposit to be whitheld?
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1 minute ago, Felton Jarvis said:
One thing that I have learned to accept while living in Thailand is that in any business dealings with a Thai person…….YOU LOSE!!!! It’s not right, it’s not foir, but this is Thailand. What would you possible expect??? Put it behind you and move on. Don’t give the landlord a reason to call the police.
I'm learning this the hard way too.. my question tho is if can they call the police for damages if the deposits are actually there for damages?
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1 minute ago, KhaoNiaw said:
I think that law only applied to larger scale landlords that are effectively a business and renting out multiple condos.
5 or more properties, not whole condos, and my knowledge is that they do own and rent out multiple properties since this property was vacant since 3 years and they would rather keep it vacant than rented for less and have an agency that manages rental only for them, i can't see anyone that doesn't own dozens of property be able to not care about a single property being rented.
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12 minutes ago, simon43 said:So let me understand this correctly. You have leased a property and paid 2 deposits (why are they unlawful if that's what the landlord required?). Now you have broken your lease (does your rental contract allow you to break the lease without financial penalty?). Now you want to also break the furniture?
Am I correct in my understanding?
I understand your thone but it's because the understanding is wrong either yours or mine on the topic, and i'd be happy to change my view, this is why i signed up here anyway.
It's unlawful because the thai law states (as i found out later) that they cannot require 2 upfront monthly deposits and 1 monthly rent advance.
There is a max of 1 security deposit and 1 month advance as in I have requested a refund of one and they denied it.
in regards to the contract and lease term, the law states that it's possible to break the lease lawfully if over half of the period has been completed independently of what the contract states as long as i give 30 days notice (that i gave).
correct me if i'm wrong.
I don't go around destroying property for fun, I have followed the rules and im getting scammed by my understanding, its just right they don't get to pocket the money but have to spend the money thats supposedly deposited for damage for actual damages. if my understanding is wrong then i'll accept it, thats why im here, not to brag or something.
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1 minute ago, stoner said:
one is never legally allowed to damage others property.
Isn't the security deposit there to pay for damages? I just want to make sure they don't pocket it. with the inconvenience of having to take it out and get new one, it will be a lesson that next time they might just as well give it back as it is the law and don't <deleted> around.
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So, I gave notice to break lease for different reasons but the company that manages the rental even refuses to let the owner know about my request to get the deposits back, as well as told me that he will say no for sure.
I know i'm legally not allowed to steal appliances off the apartment to make back my loss that im legally owed, but I think I'm legally allowed to break the furnitures up to a total cost of my deposit, just to make sure, am I correct? I didn't know at the time but the deposits are unlawful too, I have paid 2 upfront security deposits and 1 month advance rental payment for a total of 75000 baht, 50000 of which are the 2 deposits they refuse to give me back.
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Landlord won't give back 2 security deposits, am I legally allowed to damage to the property?
in Real Estate, Housing, House and Land Ownership
Posted
He has way more than 5.