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Getting partial rental deposit returned...any experience?


chingmai331

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I'm renting a house in the countryside, near CM for 70K baht/13 months paid in advance.  But i also put down 2 months rent in advance, 2+ yrs ago. Soon i will renew the lease but would like to get back some of the deposit, coz frankly i don't fully trust the Thai guy who owns the house. Once i'm out of the house i think all the money will be kept by him.  As far as i can see, i am a great tenant and many nearby houses remain vacant yr after yr so i hope to bargain a bit. E.g. "give me half the deposit now and i'll renew one more year, same arrangement".

Welcome comments on my idea.

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If I was the landlord I would refuse. You agreed to the deposit and paid it. What recourse will he have if you leave the place requiring cleanup or repair. Never heard of a deposit being returned - in full or in part - before termination of the lease.

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Say that you are are experiencing some serious financial difficulties, that you love the property , dont want to leave and appeal to your landlords understanding of current market conditions by making your continued stay dependant on her/his generosity. This has worked for me in the past. Good luck.

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Or you could simply do what many tenants do and not pay the last 2 months rent when you finally leave.

 

It may be in the contract that the landlord can lock you out at that stage but I have generaly found that rental contracts here are somewhat worthless. Generally abused by tenants in particular. 

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Thais will never give back money you paid for rent/deposit. In my experience I have been burned before. When I leave my rental, I will not pay the last month-as by contract you pay first and last. That is the only way you will get any money back. They will keep the deposit. The place I lived before, I upgraded it, took care of the lawn, bought a weed wacker and they kept all the money. Best you can do is not pay the last month, if you have a contract you are legit in doing this to same some loss 

Edited by tootall
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2 hours ago, Thailand said:

Or you could simply do what many tenants do and not pay the last 2 months rent when you finally leave.

Just be sure you're leaving Thailand. Not paying monthly rent breaches the contract and may subject you to possible complaint to the police for theft, lawsuit, report to immigration as a disruptive alien and blacklist, etc.

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13 minutes ago, Srikcir said:

Just be sure you're leaving Thailand. Not paying monthly rent breaches the contract and may subject you to possible complaint to the police for theft, lawsuit, report to immigration as a disruptive alien and blacklist, etc.

Thank you.  You have saved me the time of thinking up what to show my tenants who think that all

landlords are going to cheat them :-)    There are good and bad.....landlords as well as tenants.

Nuff said.

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Wife and I made improvements to our apartment (added security doors).  Upon leaving, the owner keep the entire rental deposit because the heating unit for the shower wasn't working well.  
Written into the lease which you probably can't read are no doubt clauses assigning responsibility for everything from the fan to the internal wiring and plumbing to the tenant.  The sort of things which would be the responsibility of the landlord via landlord/tenant laws in the West.  But, TIT.
I would not expect to get your security deposit back.  Pre-check with landlord to see what you're getting back.  If nothing, then don't bother cleaning on your way out.  However, I would not recommend stiffing the landlord for the final month rent as that puts you in breach of contract.  If I thought I had sufficient cause in the West, I might go that route knowing the legal system in my own country and understanding contract law in my home country.  Here?  I wouldn't attempt it - you're at a distinct disadvantage in more ways than one starting with being a foreigner.

Edited by connda
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If I understand correctly you pay your rent upfront in a

lump sum. When you renew the lease change this

agreement. Pay the lump sum minus the last two months.

If he disagrees may month to month and then skip

the last two months.

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37 minutes ago, Srikcir said:

Just be sure you're leaving Thailand. Not paying monthly rent breaches the contract and may subject you to possible complaint to the police for theft, lawsuit, report to immigration as a disruptive alien and blacklist, etc.

And how often has that happened, and would that be a broken contract not a breach?

 

BTW reporting somewhat worse than that to the police is a complete waste of time.

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Depending on how you breach the contract.

If the landlord not keep to the contract then and you can proof no problem

If the landlord gives you 2 month and you have 3 month in the contract the land lord breaches first.

 

If you have a contract for the house and a contract for the funiture. Pay the house full. And mention that payment on the bank slips.

The funiture case is so minor pay a bit and the rest you not pay has to be covered with the claim you have.

 

Like the things to be done as maintenance or so.

As long as you state you want to pay what you have to pay then no one can make problems.

 

 

If landlord make appointments and cancels them everytime then also no problem because you where unable to tell you problems and show them.

 

Landlord do not much when you enter but want the money.

 

Judges know to that is is very common that Thai keep deposit.

As well that landlord not do what they tell they will do.

 

And in experience with the three landlords I have had till now, no deposit back. So it is just an hire rent or just a,deduct of what has to be paid.

 

 

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it is obvious that most landlords will want the full deposit because they are now in a situation where they have to rent the condo again and perhaps they will need that extra time to find a quality tenant or they just want the cash which only makes sense.  Once I managed to convince a landlord.  I first got a year lease with 2 months deposit, the following year I signed up for 6 months more but they held on to my 2 months.  I had to end up leaving early and managed to convince the landlord I only stayed half as long and could i have one month back... they agreed but certainly he could have said no and there would have been nothing I could do about it

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On 11/18/2017 at 4:00 PM, canthai55 said:

If I was the landlord I would refuse. You agreed to the deposit and paid it. What recourse will he have if you leave the place requiring cleanup or repair. Never heard of a deposit being returned - in full or in part - before termination of the lease.

What to stop them from terminating the lease, and writing a new lease.  As a consumer he completed the original lease, and wants his deposit back.  If no reason not to return it I think the landlord should comply.  A new lease would require another deposit.

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I have always got my deposit back on a normal lease expiry, after they check over the condo that is, might be a couple things need fixing but usually if you otake care of the place which I always do might be like 10 to 15% off the deposit for minor repairs... I would never think the landlord would give the a deposit back if the place destroyed

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Oh that is gone.

You could try putting in notice if he initially refuses, and see if perhaps he will let you stay based on the deposit, but I doubt it.

Always one of the empty houses nearby.

 

Just renew the lease, but have a valid contract which is in effect.

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On 11/19/2017 at 9:34 AM, Thailand said:

Or you could simply do what many tenants do and not pay the last 2 months rent when you finally leave.

 

It may be in the contract that the landlord can lock you out at that stage but I have generaly found that rental contracts here are somewhat worthless. Generally abused by tenants in particular. 

We have been renting our place for quite a while, every tenant bar one left the place with the lawns overgrown killing the grass underneath, plus the house and fridge etc dirty or pilfered the appliances we put in. We then hired people to come in and clean up then took that amount off the bond before refunding the balance. If anyone decides to not pay rent for the last 2 months we threaten (and will) cut off the power and lock the gate. But we do refund in full if no problems.

 

Have also been a tenant and lost bonds when had to vacate early, that is the way it works. For the OP, a high rent payer like you is harder to find, you have been there a fair while already, assuming the place is well maintained I see no reason why you shouldn't be able to negotiate on the bond as you have already proven to be a good tenant. If it was me as landlord, I certainly would.

 

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Nice to see some landlords giving their experiences and opinions.   The farang owners I talk to

usually say the same thing :   A good tenant is hard to find.   

I once rented from a Thai landlord.....and did get my deposit back after the waiting period.

I know of some renters that did not get their deposit back from owners.   Choose wisely.

My daughter (a landlord) tries to be very fair....and has been burnt by tenants a few times.

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