Lee65 Posted August 31, 2018 Share Posted August 31, 2018 Landlord has just told me to leave in 30 days giving as her reason that she wants my apartment for her family member. Is this lawful? I have not broken any rules of my lease and am paid up on rent and so forth. Many thanks. Link to comment Share on other sites More sharing options...
ezzra Posted August 31, 2018 Share Posted August 31, 2018 Illegal if you have a bonafide rental contract with the landlord, unless you broken the tenant rules and the contract has ended he can't legally evict you.... Link to comment Share on other sites More sharing options...
mstevens Posted August 31, 2018 Share Posted August 31, 2018 You need to check the contract you signed to see what it says and whether one party can give notice like that. Link to comment Share on other sites More sharing options...
Suradit69 Posted August 31, 2018 Share Posted August 31, 2018 Whether or not it's legal or justified, ask yourself if you really want to deal with the possible consequences of refusing to leave or by contesting it in court. Ask her to help you find a similar apartment nearby at the same rent and for some help moving. I know it sucks and you probably feel like you're losing face, but any ground you may be able to win in a confrontation will end up coming at a cost to your sanity and well being. Link to comment Share on other sites More sharing options...
seancbk Posted August 31, 2018 Share Posted August 31, 2018 Termination of lease with one months notice seems fair enough to me. Link to comment Share on other sites More sharing options...
sanemax Posted August 31, 2018 Share Posted August 31, 2018 12 minutes ago, seancbk said: Termination of lease with one months notice seems fair enough to me. Thats probably in the lease we well . 30 days notice , either way Link to comment Share on other sites More sharing options...
Media1 Posted August 31, 2018 Share Posted August 31, 2018 3 hours ago, ezzra said: Illegal if you have a bonafide rental contract with the landlord, unless you broken the tenant rules and the contract has ended he can't legally evict you.... Exactly contract is rock solid. Example l had once rented and the Russian sold it and told the new owner we can just leave in 14 days LOL. This goon came banging asking to view the room. What the f are on drugs bro. Your not viewing anything. He say l have chanute. I say l have 12 month contract and you go see agent ok.... ok off he went to agent. Agent told him law Thailand him stay lol. Him have contract. Him pay all rentals. You been tricked. Off he went and then he just took the rent being the new owner Contract is binding. She is a stupid Thai. Police can't do anything and will agree with you Have all proof of rental payments Link to comment Share on other sites More sharing options...
Media1 Posted August 31, 2018 Share Posted August 31, 2018 2 hours ago, Suradit69 said: Whether or not it's legal or justified, ask yourself if you really want to deal with the possible consequences of refusing to leave or by contesting it in court. Ask her to help you find a similar apartment nearby at the same rent and for some help moving. I know it sucks and you probably feel like you're losing face, but any ground you may be able to win in a confrontation will end up coming at a cost to your sanity and well being. Give it a rest lol. They are trespassing and police will remove them. I have seen it happen Link to comment Share on other sites More sharing options...
Media1 Posted August 31, 2018 Share Posted August 31, 2018 1 hour ago, seancbk said: Termination of lease with one months notice seems fair enough to me. Against the law. Know the law first. He can stay she is a goose Link to comment Share on other sites More sharing options...
seancbk Posted August 31, 2018 Share Posted August 31, 2018 9 minutes ago, Media1 said: 1 hour ago, seancbk said: Termination of lease with one months notice seems fair enough to me. Against the law. Know the law first. He can stay she is a goose Not against the law if it's in the lease. Most leases I've had said I could give one months notice to leave and the landlord could give one months notice if they wanted me out. Link to comment Share on other sites More sharing options...
Media1 Posted August 31, 2018 Share Posted August 31, 2018 3 minutes ago, seancbk said: Not against the law if it's in the lease. Most leases I've had said I could give one months notice to leave and the landlord could give one months notice if they wanted me out. Will not be in the lease. They use a standard 1 for all form. Thai brain won't extend further Link to comment Share on other sites More sharing options...
Media1 Posted August 31, 2018 Share Posted August 31, 2018 5 minutes ago, seancbk said: Not against the law if it's in the lease. Most leases I've had said I could give one months notice to leave and the landlord could give one months notice if they wanted me out. I dont believe you Link to comment Share on other sites More sharing options...
topt Posted August 31, 2018 Share Posted August 31, 2018 1 hour ago, Media1 said: I dont believe you I hate to break it to you but it really doesn't matter what you believe. Why not wait until the OP comes back with the actual wording in the lease. Otherwise it is all pure speculation......... Link to comment Share on other sites More sharing options...
LivinLOS Posted August 31, 2018 Share Posted August 31, 2018 Entirely dependant on what, if any, contract you have in place.. Everything else is guesswork. Link to comment Share on other sites More sharing options...
Jaxxper Posted August 31, 2018 Share Posted August 31, 2018 If you have to leave then after getting your deposit back ask her if she is declaring the rental income to the tax authorities. If she’s non responsive tell her you will be writing to the revenue people advising them that you have paid her X Thb in rent and also you expect she has rented the property previously. ( would be useful to have her National ID number also). Whether you carry through on this is up to you but will give her something to worry about because avoiding tax here is worse than a lot of other offences in the eyes of the courts......just a thought, particularly if they start digging. Link to comment Share on other sites More sharing options...
thailand49 Posted August 31, 2018 Share Posted August 31, 2018 Here is how it works in the West like U.S. California, you can take what I said and try to apply it somewhat in Thailand? Here is an example of how a lease might work? Is it in English first if so, is it for one year? Normally for a 1 years lease, there can't be a termination even for a family member. In Cities or State with some type of rent control if they want to move a family member in and break the contract they must pay the tenant a specific amount to move, this being Thailand if you have the upper hand on the landlord and the lease hasn't expired might want to negotiate something as noted above. After the one year lease expires it turns into a month to month lease with both parties optioned a 30 days notice unless the landlord or tenant request another new 1-year lease. Link to comment Share on other sites More sharing options...
The Deerhunter Posted August 31, 2018 Share Posted August 31, 2018 I am a landlord in my own home country and there, a landlord with a one year contract and no fault of the tenant can ask the tenant to leave in 42 days on one condition. That the landlord needs the property for his own family. Depends what the contract and Thai law say. Some respondents will be unhappy to believe this but in my country needing an apartment for family is enough reason to break a secure long term tenancy. It is possible here too. Who knows? Link to comment Share on other sites More sharing options...
flyingtlger Posted August 31, 2018 Share Posted August 31, 2018 Welcome to Thailand.... Link to comment Share on other sites More sharing options...
Mace648 Posted August 31, 2018 Share Posted August 31, 2018 I have owned many many rental properties over the years in the USA and I have always used a standard legal form rental agreement and the lease could not be broken in order to move in a relative or anyone else during the term of the lease.. The only reason a lease could be broken was if any of the clearly spelled out conditions of the lease was broken by either the lessee or the lessor and while I don't know if the lease agreements in Thailand are different, I would be surprised if they allowed you to be evicted at the whim of the building owner and if they did there would be no reason to sign a lease. Link to comment Share on other sites More sharing options...
Anythingleft? Posted August 31, 2018 Share Posted August 31, 2018 So, OP, what does the lease say?Sent from my SM-N950F using Tapatalk Link to comment Share on other sites More sharing options...
Lee65 Posted August 31, 2018 Author Share Posted August 31, 2018 Lease has turned to a month-to-month after the intial period ran out. 30 days notice from either landlord or tenant to terminate. However, landlord and tenant legislation in my part of the world requires acceptable reason for landlord to evict. And, a brief exploration of Thai residential rental law sites on the 'net suggested something similar here. IOW, cannot just evict on a whim. One might imagine there is actual law regarding residential tenancies in Thailand. There were major new regulations brought in earlier this year. I don't have time to figure this out. But knowledge can be power and it would be good to know what the actual law - if any - says. Thx. Link to comment Share on other sites More sharing options...
LukKrueng Posted August 31, 2018 Share Posted August 31, 2018 7 hours ago, Lee65 said: Lease has turned to a month-to-month after the intial period ran out. 30 days notice from either landlord or tenant to terminate. I think you just answered your original question, didn't you?? Link to comment Share on other sites More sharing options...
Lee65 Posted September 1, 2018 Author Share Posted September 1, 2018 No. 6 hours ago, LukKrueng said: I think you just answered your original question, didn't you?? Link to comment Share on other sites More sharing options...
smutcakes Posted September 1, 2018 Share Posted September 1, 2018 Surely the whole point of having a month by month contract would be to give both the tenant and the landlord flexibility in vacating or gaining vacant possession should wither party require it. I don't really think you have a leg to stand on. Link to comment Share on other sites More sharing options...
Myran Posted September 1, 2018 Share Posted September 1, 2018 20 hours ago, Lee65 said: Lease has turned to a month-to-month after the intial period ran out. 30 days notice from either landlord or tenant to terminate. However, landlord and tenant legislation in my part of the world requires acceptable reason for landlord to evict. And, a brief exploration of Thai residential rental law sites on the 'net suggested something similar here. IOW, cannot just evict on a whim. One might imagine there is actual law regarding residential tenancies in Thailand. There were major new regulations brought in earlier this year. I don't have time to figure this out. But knowledge can be power and it would be good to know what the actual law - if any - says. Thx. But then you're not being evicted; the landlord is simply choosing not to enter into another contract with you, which is completely in her right. Pack your things. Link to comment Share on other sites More sharing options...
Lee65 Posted September 2, 2018 Author Share Posted September 2, 2018 This was the final incentive to leave Thailand and for this I am thankful. Awful people. Link to comment Share on other sites More sharing options...
bbi1 Posted September 2, 2018 Share Posted September 2, 2018 On 8/31/2018 at 11:25 PM, Lee65 said: Lease has turned to a month-to-month after the intial period ran out. 30 days notice from either landlord or tenant to terminate. There's your answer right there... 8 minutes ago, Lee65 said: This was the final incentive to leave Thailand and for this I am thankful. Awful people. Lol... Link to comment Share on other sites More sharing options...
ChouDoufu Posted September 2, 2018 Share Posted September 2, 2018 15 minutes ago, Lee65 said: This was the final incentive to leave Thailand and for this I am thankful. Awful people. whether or not they are "awful people", your landlord IS following the rules of the contract you yourself signed. the original contract expired, was converted to a month-to-month. that means the contract renews each month until one party notifies the other to terminate. what if YOU decided to leave and end the month-to-month contract? could the landlord demand you pay for an additional year? could you be taken to court and fined? would the landlord complain about "awful people" on the falangvisa website? why not just deal with it? call the landlord, say thank you for giving notice, mention how much you enjoyed the apartment and how well it was maintained. then you can ask for an additional month in needed, or some help finding a new place. Link to comment Share on other sites More sharing options...
CharlieH Posted September 2, 2018 Share Posted September 2, 2018 "Flame" post removed. Link to comment Share on other sites More sharing options...
baansgr Posted September 2, 2018 Share Posted September 2, 2018 didn't the new rental terms from May state that 30days notice can be given even on a 12 month contract Link to comment Share on other sites More sharing options...
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