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Getting out of rental contract


woogoo

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My wife and I moved into a condo unit less than a month ago. When we first met the owner, everything seemed fine. But we have quickly found out that she is crazy and that she is hated by almost all of the staff at the condo. The problems started after my wife and I became married, a few weeks now, and were trying to compile the paperwork for the marriage visa. She went from telling us she is the owner of the place to telling us she is not the owner when we asked for a copy of her ID which is required to go with the paperwork (she is the owner and this has been confirmed by all of the staff). Now, we are having problems with the condo such as leaks under the sinks and whatnot as she paid to have the place cosmetically refurbished but has not refurbished the pipes and sinks (or very poorly if done at all). Now there is major mold and other issues under the kitchen sink to the extent that the particle board is beginning to separate. I am wanting to move us as my wife is pregnant and this is now a health concern that the landlord has known about for over a week. The thing is, when she finally did give us the paperwork, she made us sign a new contract with the address for her own personal unit and not the unit we are renting. So the contract we have now isn't even for this place. Can we use this to get out of our lease and get our deposit back? Anyone with legal experience? She also has done weird things such as coming into our apartment when we are not here and taking things then later saying she thought they were here before we moved in.

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26 minutes ago, woogoo said:

The thing is, when she finally did give us the paperwork, she made us sign a new contract with the address for her own personal unit and not the unit we are renting. 

 

did she hold a gun to your head?

 

why would you sign it...now you are complicit in whatever she could be accused of.

 

I think you can kiss the deposit goodbye....try and cause as much damage as possible....preferably more than what your deposit is worth...then leave and never return.

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Im leaving my condo very very soon and I ain't even gonna bother trying to get the deposit. I'm not giving them 30 days notice I'll give em an hours notice when they see removals van. It's been ok here as it was ideal to raise a newborn in a safe environment but I've seen a few incidents with owners of the complex treating it like their home and getting overly drunk. Can't be giving people who act without thinking 30 days notice. The deposit versus potential hassle with giving 30 days is just not worth it. We saw out the contract we even paid a full month on the first month although it was the 12th and then got billed again on the 1st of the next month as it is easier for them to manage collections! 

 

Sod it, I'm actually not even bothered I'm more excited to be going. 

 

 

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10 hours ago, JHolmesJr said:

 

did she hold a gun to your head?

 

why would you sign it...now you are complicit in whatever she could be accused of.

 

I think you can kiss the deposit goodbye....try and cause as much damage as possible....preferably more than what your deposit is worth...then leave and never return.

That is incredible stupid advise. She has all their details and can start criminal charges.

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Don't pay anymore rent, find a new place to live, read the rental contract thoroughly this time, don't give any notice, move, forget your deposit.

 

Hopefully you only paid one months rent as a deposit. The scam here is to get you to pay 2 months rent as deposit. Deposits, as anything to do with any real estate transaction, are negotiable. I've never paid more than one month. If they held firm on 2 months, I walked away. It's just one more way to get more of the money out of your bank & into theirs.

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Technically you are liable to pay the rent remaining on the contract. If you walk away from your one month deposit you still may have to pay the remaing 11 months if she takes you to court.

 

If there is a leak under the sink advise her in writing and include pictures and a video. A record of this will help you in court.

 

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This a typical Thai nut job in my opinion. Personally, a rental contract here is worthless at best and I don't care whether it is in a condo, the contract is with her not the condo?

My saying in real estate is this " just because a person can own property mean they should "  before your wife goes further in her pregnancy start looking for another place the sooner the better, once you do, just move out no notice no nothing.  If you have a deposit that is what you really have to consider lose the whole thing because this owner has no intention to give it back to you even when your contract is up. If it is a large amount and don't want to lose it then make a final request to her, if she doesn't respond contact the condo who is their maintenance person purchase a new vanity and replace the plumbing at the same time it doesn't seem the leak is a major cost.

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From what you say in your OP, things will not improve if you stick around, no matter how much you negotiate, do repairs yourself, take photograph, issue threats and the rest of it. Your mistake was to be 'made to sign' a new contract for a different condo altogether. How do you expect to untangle all that without a huge expenditure in time, stress and money?

You need to take the loss and walk away, preferably when the b*tch is not around. Don't be too scrupulous about cleaning up after yourselves. 

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16 hours ago, JHolmesJr said:

 

did she hold a gun to your head?

 

why would you sign it...now you are complicit in whatever she could be accused of.

 

I think you can kiss the deposit goodbye...preferably more than what your deposit is worth...try and cause as much damage as possible........then leave and never return.

...try and cause as much damage as possible.........Do you dream? What a poor suggestion.....She will report to Police surely. The Renter will get troubles with the Immigration and pay for Damage....he loose the deposit anyway.

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55 minutes ago, AJBangkok said:

Technically you are liable to pay the rent remaining on the contract. If you walk away from your one month deposit you still may have to pay the remaing 11 months if she takes you to court.

 

If there is a leak under the sink advise her in writing and include pictures and a video. A record of this will help you in court.

 

Really??? Isn't that possibility dependent on the terms of the contract?  When I lived in a condo, it specifically stated that I was liable for remaining months' rent if I vacated the property prematurely.  However, when I moved into a rental house the owner allowed me to write the contract and I intentionally excluded any such clause.  I realize that TIT but it seems to me that any possible liability would be based on the terms of the contract.

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16 hours ago, JHolmesJr said:

 

did she hold a gun to your head?

 

why would you sign it...now you are complicit in whatever she could be accused of.

 

I think you can kiss the deposit goodbye....try and cause as much damage as possible....preferably more than what your deposit is worth...then leave and never return.

not very good advice to risk being arrested

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Just move, and write off the deposit. If she comes after you for any more rent, say you want to move into the unit specified in the contract.

IMHO it would be very unlikely she would pursue you for more rent, probably too busy lining up the next sucker. Take photos of all the defects to prove the place is a health risk. If she does try to take you to court, get a good lawyer. If she is as crazy as you say, the lawyer will chew her up in court.

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17 hours ago, woogoo said:

My wife and I moved into a condo unit less than a month ago.

 

The problems started after my wife and I became married, a few weeks now, and were trying to compile the paperwork for the marriage visa.

 

Now there is major mold and other issues under the kitchen sink to the extent that the particle board is beginning to separate. I am wanting to move us as my wife is pregnant and this is now a health concern that the landlord has known about for over a week. 

A little bit confusing what you wrote!!! I think you stay there much more longer and don't tell us the truth.

 

If you moved inside less than a month ago why you don't saw the problem? The most contract have written something that small repairs must been done from the renter. And to fix it you needed only a tube of silicone!!!

 

What you tell about health problems?  You or your wife can't dry some water drops? And mold not come just about some days.
 

Sorry, but I believe you tell us a lot of BS!!!

 

I think you try to find a way to cancel a valid contract but this is not so easy as some braindeath members try to tell you. You can easy find out how fast a farang can be end to pay bail, waiting for the court date and can't left the country if you damage property of the landlord.

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Easy way to solve your problem is to .....

 

Tell her you'll go to the tax office, give them her name and the address on the new contract and report her for not paying tax on the income she receives from her tenant and for not informing the authorities that she's renting to a foreigner.

 

The revenue services here are rabid and will come down on her like a ton of bricks.

 

Who knows? Maybe she does pay her taxes but I suspect that she lied about owning the condo because she doesn't.

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2 hours ago, Thai Ron said:

Easy way to solve your problem is to .....

 

Tell her you'll go to the tax office, give them her name and the address on the new contract and report her for not paying tax on the income she receives from her tenant and for not informing the authorities that she's renting to a foreigner.

 

The revenue services here are rabid and will come down on her like a ton of bricks.

 

Who knows? Maybe she does pay her taxes but I suspect that she lied about owning the condo because she doesn't.

My thoughts exactly. I thought it was suspicious she wouldn't just give us a copy of her ID as it's required by the visa office and seems pretty standard when renting to foreigners. The fact that she would then try and draw up a second contract furthered those suspicions. It wasn't a big deal to me at the time because we had the original document for our paperwork and finally got a copy of her ID for me to go get the visa. My wife and I planned to just stay the year and move. But now that there are actual health concerns instead of just minor stresses, things have changed. 

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20 hours ago, JHolmesJr said:

I think you can kiss the deposit goodbye....try and cause as much damage as possible....preferably more than what your deposit is worth...then leave and never return.

Hmm, I wouldn't listen to this really bad advice. Generally a rental contract includes the right to sue for excess damage. Plus I gather she has the passport copy of the OP, if even marginally connected could track him down and sue. Now imagine what the repair quotes would be like...

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6 hours ago, AJBangkok said:

Technically you are liable to pay the rent remaining on the contract. If you walk away from your one month deposit you still may have to pay the remaing 11 months if she takes you to court.

 

If there is a leak under the sink advise her in writing and include pictures and a video. A record of this will help you in court.

 

Exactly.  You need to start paper trail of the story and document all.  Communicate via email or message so you have records.  Make call notes on phone call.  

 

You can stop paying rent quietly and maybe get a month or more living there before moving out.  

She won't try court if your contract is not the place u rented.  - why the <deleted> would you sign that for?  -

At same time find new place and do not tell her where it is.  Good luck. 

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Don’t do anything other than your fulfill reponsibilities of the contract. Give notice , tell her it is not working out as she is not reponding to maintenance requests. It is a contract, nit a jail sentence forget about the depisit small money.

 

Only a nutter landlady would enter your unit while not there sure that is illegal EVEN in Thailand. It will only get worse, cut your losses.

 

 

 

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taking things from your unit when you are not there is theft, report her to the police for stealing your belongings, Also the fact her unit is the one listed on your contract means you have no lease for the unit you are in so you cannot break the lease if you leave. You can simply say you signed a lease for her unit but she will not let you live there so you are leaving, either she swaps units with you or you are gone. The paperwork favours you in this, with her stealing of your items you also have a chargeable offence against her, I would be going to the police with the contract, telling them she refuses to let you into the unit you signed for and keeps letting herself into your unit stealing your things when no one is there, you could also tell her this is what you are going to do unless she returns your bond money, really up to you as to how far you want to take this. A lawyers letter telling the same thing to her would be just as good

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