Owner selling the house, what are tenant's rights?

[PhuketSarah]

Owner informs tenant  contract will be closed  this week on home, , and new owner will order  tenant to  vacate,  this is on a  3 year lease.  

 

  Is there any minimum period  a tenant has by law? 

[smutcakes]

If there is no assignment clause in your contract stipulating conditions if the landlord disposes of the property, i think you will be forced to vacate as soon as the new landlord requires it.

 

The best thing is to quickly open cordial discussions with the new owner either to sign a rental contract with them, or to negotiate a fair timeline for you to find alternative accommodation and to move. If there is no assignment clause in your contract you won't have any rental agreement with the new Landlord. 

 

I would do everything possible to open up friendly dialogue with all parties asap, and definitely not go barrelling in to the discussions swinging your 3 year contract around.

[PhuketSarah]

2 hours ago, smutcakes said:

If there is no assignment clause in your contract stipulating conditions if the landlord disposes of the property, i think you will be forced to vacate as soon as the new landlord requires it.

 

The best thing is to quickly open cordial discussions with the new owner either to sign a rental contract with them, or to negotiate a fair timeline for you to find alternative accommodation and to move. If there is no assignment clause in your contract you won't have any rental agreement with the new Landlord. 

 

I would do everything possible to open up friendly dialogue with all parties asap, and definitely not go barrelling in to the discussions swinging your 3 year contract around.

 Ok  Thanks for this but really we're wondering about the law. Is there one?  What is it?  

 

[fanjita]

Once the property is sold and ownership transferred then you are out on your ear immediately.  As smutcakes states, it's really not worth being belligerent as you've not got a leg to stand on.  TiT.

 

You might attempt to open up dialogue with the new owner to minimise the eviction period, but that's all you can do.

 

[fanjita]

2 hours ago, smutcakes said:

If there is no assignment clause in your contract stipulating conditions if the landlord disposes of the property, i think you will be forced to vacate as soon as the new landlord requires it.

Sorry, smutcakes, but this doesn't assume the land being sold.  Immediate eviction it is if this is the case.

[ThaidDown]

In law .. (From Thai CCC)

 

Section 569. A contract of hire of immovable property is not extinguished by the transfer of ownership of the property hired.
The transferee is entitled to the rights and is subjected to the duties of the transferor towards the hirer.

 

In practice anything could happen.

Edit to add..Ttransfer of ownership could (should) be covered in your lease agreement. If it is then those rules apply and not section 569.

[Rhys]

.... just best to move on....it is their game...

[PhuketSarah]

36 minutes ago, fanjita said:

Once the property is sold and ownership transferred then you are out on your ear immediately.  As smutcakes states, it's really not worth being belligerent as you've not got a leg to stand on.  TiT.

 

You might attempt to open up dialogue with the new owner to minimise the eviction period, but that's all you can do.

 

Maybe I'm the seller. 

[fanjita]

Just now, PhuketSarah said:

Maybe I'm the seller. 

I just answered the question.  Not my problem.

[PhuketSarah]

9 minutes ago, Rhys said:

.... just best to move on....it is their game...

 Really just asking about the law...  

[PhuketSarah]

21 minutes ago, ThaidDown said:

In law .. (From Thai CCC)

 

Section 569. A contract of hire of immovable property is not extinguished by the transfer of ownership of the property hired.
The transferee is entitled to the rights and is subjected to the duties of the transferor towards the hirer.

 

In practice anything could happen.

 

Thank you,  this is what I'm looking for.   

[fanjita]

1 minute ago, PhuketSarah said:

 Really just asking about the law...  

Good.  I think I've got your answer whether tenant or seller.  Chok dee. 

[smutcakes]

 

42 minutes ago, fanjita said:

Sorry, smutcakes, but this doesn't assume the land being sold.  Immediate eviction it is if this is the case.

You think multinationals sign lease agreements where they are investing huge amount in plant and machinery without stipulations and clauses relating to the landlord selling the property and there rights if that happens? 

 

[fanjita]

5 minutes ago, smutcakes said:

You think multinationals sign lease agreements where they are investing huge amount in plant and machinery without stipulations and clauses relating to the landlord selling the property and there rights if that happens? 

This is residential and I know what I'm talking about.  Sell the land and all other contracts are out of the window.  End of.  TiT.

[Autonuaq]

Think you have to explain a bit more to what you refer too.

Because on most cases it is not the case at all what you say.

Please explain more for understanding your answer and comment.

[andre47]

Change of ownership does not break a lease contract.

 

The new owner must fulfill the old lease contract.

[LivinLOS]

The contract is valid but contract law is weak, your redress and compensation will be against the old owner not the new one. Over 3 years the lease has to be registered on the land title and then its a much stronger case. 

 

That said tenancy law is surprisingly strong, someone I know had a non paying tenant and after a long period of non payment he cut the padlock to the shutter to take matters into his own hands. He was then arrested, charged, and the end result is the tenant stayed there well over another 6 months without paying a penny while the whole thing had a court case. 

 

You should tell them you have a tenancy agreement, and to move costs you money, that needs to be paid if you are to assist them as they wish. It will need subtlety and ideally a connected or influential person. 

[khunPer]

On 11/26/2017 at 10:22 AM, PhuketSarah said:

Is there any minimum period  a tenant has by law?

»Section 569. A contract of hire of immovable property is not extinguished by the transfer of ownership of the property hired.
The transferee is entitled to the rights and is subjected to the duties of the transferor towards the hirer.«

The Law is here in English translation...

[SiSePuede419]

"what are tenant's rights?"

 

A contract is an agreement between two parties.  One of the parties is ending the agreement.  You will have a piece of paper, which you can recycle. ?

 

"Awk pai" ( Get out!) 

 

 

[SiSePuede419]

5 hours ago, andre47 said:

Change of ownership does not break a lease contract.

 

The new owner must fulfill the old lease contract.

Do you practice law around here often?  A contract is between two parties.  The new owner is not one of those parties, I can assure you because their name does not exist on the lease.  Ipso de facto. ?

[fanjita]

3 hours ago, LivinLOS said:

You should tell them you have a tenancy agreement, and to move costs you money, that needs to be paid if you are to assist them as they wish. It will need subtlety and ideally a connected or influential person. 

Good luck with that.

[pearciderman]

23 hours ago, PhuketSarah said:

Maybe I'm the seller. 

 

Maybe you are the problem then.

[impulse]

23 hours ago, PhuketSarah said:

Thank you,  this is what I'm looking for.   

 

Knowing the law is great, as long as you know that you increase your chances of dying by suicide if you insist on your rights. 

 

At least that's what the police report will call it.

 

[scorecard]

On 11/26/2017 at 6:38 PM, fanjita said:

Once the property is sold and ownership transferred then you are out on your ear immediately.  As smutcakes states, it's really not worth being belligerent as you've not got a leg to stand on.  TiT.

 

You might attempt to open up dialogue with the new owner to minimise the eviction period, but that's all you can do.

 

 

Old owner has already told the tenant that the new owner wants tenant to vacate quickly after settlement.

 

Seems to me your priority is to quickly start searching for your new accommodation. 

 

 

 

[LivinLOS]

4 hours ago, fanjita said:

Good luck with that.

I have come out on top on much less secure negotiations.. 

 

Helps to have a few connections.. A friend in the police or similar who can come and sit in on your behalf. 

[Jsinbkk]

4 hours ago, SiSePuede419 said:

"what are tenant's rights?"

 

A contract is an agreement between two parties.  One of the parties is ending the agreement.  You will have a piece of paper, which you can recycle. ?

 

"Awk pai" ( Get out!) 

 

 

Wrong. A lease is an agreement between two parties for a property. If the owner sells, they sell a leased property to a new owner. Lease is still valid. 

 

 

https://www.siam-legal.com/realestate/Leases.php

[chickenrunCM]

again most of the TV psoter doesn´t know anything. A 3 years contract is valid if land or building is sold until the end of the contract. This is the law. What you want to discuss else? 

If the buyer want to finish the rental contract, it is up to the tenant to agree and set the conditions. A buyer who buys a property knows there is a rental contract, because he will check the property and the seller has to inform the buyer about it and he sells the rental contract with the rental price and the resposibilities. 

Only if the rental contract includes that the contract ends of the property will be sold, then tenant has to move

[Neeranam]

On 26/11/2017 at 7:17 PM, PhuketSarah said:

 Really just asking about the law...  

Get a lawyer

[Neeranam]

6 hours ago, chickenrunCM said:

again most of the TV psoter doesn´t know anything. A 3 years contract is valid if land or building is sold until the end of the contract. This is the law. What you want to discuss else? 

If the buyer want to finish the rental contract, it is up to the tenant to agree and set the conditions. A buyer who buys a property knows there is a rental contract, because he will check the property and the seller has to inform the buyer about it and he sells the rental contract with the rental price and the resposibilities. 

Only if the rental contract includes that the contract ends of the property will be sold, then tenant has to move

Nonsense.

[smutcakes]

13 hours ago, Jsinbkk said:

Wrong. A lease is an agreement between two parties for a property. If the owner sells, they sell a leased property to a new owner. Lease is still valid. 

 

 

https://www.siam-legal.com/realestate/Leases.php

That is for registered land lease over 30 years. I presume you don't have the same security of tenure on a 3 year residential lease which would not be registered on the title deed at the lands department.