What docs are needed to confiscate the tenant's deposit?

[susanschwaiger]

Hello,

We rented our unit out for 3 years and many things inside were damaged because tenant took no care. The repair cost is more than the deposit. 

We already send a  detailed repair cost list to tenant, but he wants receipts and quotations also. 

Some receipts we have, some we don't have yet....And renovation takes quite long time too. 

Normally, what docs should landlord present to confiscated the deposit for house repair ?

 

 

 

[scorecard]

Lots of photos showing damage would be a start to initially prove there is damage.

 

For the repairs completed but not documented or receipted maybe get a contractor to (after the event) write a quotation for the repairs.

 

By the way did you take lots of photos of the place before the tenant moved in? Are they date stamped? Did you make 2 copies of all the photos and give one set to the tenant and set a signature from the tenant to prove the tenant got the photos and time and date? 

 

The first time I rented a luxury house the farang tenant did enormous damage, the police were called, the chief cop said 'do you have proof that it wasn't like this when the tenant moved in. I refused to return the deposit and our lawyer tried to take the ex-tenant to court. We gave up.

 

After that I told every prospective tenant that at the time of signing the rental agreement I would take a full set of photos with time/date and the tenant in several of the photos and give the tenant a set of photos. This did frighten the next tenant and he took very good care.

 

The next tenant I did the same photos routine but the tenant did enormous vast damage, I called the police, a senior cop happened to come, I showed him the photo set and he asked the tenant (a wealthy brit with brit wife and three kids) 'what happened?'  Brit said 'just bad luck'.

 

Cop then impounded their luxury SUV and an expensive BMW plus 350,000Baht cash.

 

Repairs were finished, cop came to inspect and gave the brit the vehicle keys and said to me 'keep the money from the 350,000Baht not used and keep the deposit'. Brit guy was shocked, packed up his family and left Thailand.

 

That was 14 years ago and I'm not sure if the police would now a days get involved like that.

 

 

 

 

[cheeryble]

I don’t see the problem.
You have the deposit so if you withhold something it’s him who has to take action not you.
Next time do the photos.


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[susanschwaiger]

 

Thanks you guys! Now I feel more relieved. 

 

3 years ago, we listed our condo with a Thai agent, who later brought a japese old couple to view the condo. Then the contract were signed. When I asked a  passport copy of the old jap, they never gave. Later, I found out, the tenant signature and stamp on the contract were from a Jap agent, not the old jap old couple at all !!!

 

The jap couple tenant took NO care of our condo, although I reminded them several times. After one time I happened to see the status of our condo, I stopped this contract. When we moved back, many things were broken. They just hided problems and did not tell us. 

 

The jap tenants were arrogant too. They refused to communicate with us directly and all messages must passed from us to Thai agent then Jap agent then the old japs ... 

 

I took all the photos of the damages and all the receipts I can have (before they moved in, all the photos were taken too, with the witness of the Thai agent)...... If the jap call the police or go to court, I'm prepared. 

 

BTW, the contract says clearly, tenant is not allowed to rent condo to others again. So, in our case, they already violated contract, right ?

 

[scorecard]

The photos are your proof of damage, now go for full reimbursement of costs, perhaps ven add more for potential loss of income whilst the condo cannot be let out during the repair stage.

 

To be ready for any arguments about actual costs of repairs why not get an agent to bring a contractor to inspect the damage and give a detailed quotation. If it's already partly repaired but if you have no documentation about repairs: bills, receipts, materials costs maybe, then possibility could to ask the contractor to prepare a full quotation with an arrangement that you will pay for the quotation, perhaps 2,000, 3,000Baht (not sure about how many Baht). Any expect that he/she won't hand over the quotation until you pay the agreed quote fee.

 

In the past I've had to do similar in regard to damages, twice to be able to reclaim some money from building insurance, because contractor doesn't want to spend the time on preparing a quote free. 

[susanschwaiger]

Now we are only waiting the quote for kitchen area wood repair  :))))