Return of Rental Deposit

[Johnson81]

Hi,

 

I'm just coming to the end of a 1 year rental contract (ending Nov 1st).

 

The landlord is due to repay me 36,000 baht (2 months deposit). 

 

The landlord is very tricky, and untrustworthy, so I have reason to believe he is going to try and keep the deposit, even though I have not damaged the property in any way.

 

Can anyone me advise me on the Thai Laws around the return of Rental deposit, and essentially is there anything I can do to ensure he coughs up?

 

Regards,

 

Johnson81

[KittenKong]

This subject comes up every few days.

 

Many would suggest that you can simply not pay the last couple of month's rent but that would put you in a poor position legally.

 

If the landlord has more than five properties then technically he is already in breach of the law as this requires a maximum of just one month's deposit in that case. But not if he has fewer rentals.

 

At the end of the day I would be prepared to go to the local Office of Consumer Protection who may be able to help. And I would also be prepared to report full details of the rental and the problems both to the Tourist Police and to the local tax office. The polite threat of either may be enough to tip the balance and to get your deposit returned if the landlord seems unwilling to do so.

 

It's a bit late for you but it is a good idea to take photos at the beginning of a tenancy in order to compare the condition of the place at the end. Deposits are commonly withheld here due to imaginary damage.

[Johnson81]

My thoughts exactly with regard to not paying the last month, as I'd be essentially deviating from the contract.

 

I suspect he has fewer than 5 properties, so would the threat of reporting to the tax office still be valid?

 

I have a signed contract, but no photos when I moved in.

Plus what concerns me is the number items he had to purchase before I agreed to rent the property, including washing machine, microwave, gas canister, water filter. Essentially the house hadn't been lived in for a long time, and I suspect my deposit money was used to buy these items, thus why I'm suspicious he'll want return it.

 

Many lessons learnt, but any advice would be helpful.

 

Thanks,

[anon537687643]

The Chinese in Thailand who manage to get their RMB out of the country are buying up property and renting ,and frequently never return deposits ! Amazing that these people have no visa or resident status but are allowed to buy property !

 

 

Sent from my iPhone using Thaivisa Connect

 

[scubascuba3]

In future just pay 1 month deposit, that halves your risk.

Why don't you pretend to the landlord you may be back and rent again so to encourage him to give the deposit back

[KittenKong]

1 hour ago, Johnson81 said:

I suspect he has fewer than 5 properties, so would the threat of reporting to the tax office still be valid?

He should be declaring all his rental income, regardless of how many places he has. But he probably isnt reporting it fully, or even at all.

[Don Chance]

You have to read the contract carefully. Usually there is a clause that says if you do not pay rent they can change the locks and take your stuff after 10 days! So using the deposit for rent may not work.

 

In future, i suggest writing in the contract that rent deposit is charged 10% interest per month if not returned.

[Johnson81]

Quote

 

Update.

 

Ok so I moved out on the 1st November, and as expected the landlord didn't want to return the whole deposit (36K), instead offering to give me 20k on checking out, and the remainder within 2 weeks once he's had chance to fully inspect the property....so my 1st question is that legal?

 

Next, while there is no damage to the property, I suspect he's going to get property cleaned by someone, and charge me a couple of thousand before returning the deposit....so my 2nd question if takes him say 10 days for example to clean the house, is he allowed the deduct those 10 days (that he's not been able to rent to someone else) from my deposit?

 

NOTE: he quite stupidly told me he rents 7 properties. 

 

 

[anon537687643]

Bunch of cheating rogues The lot of these thai and Chinese property investors


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[KittenKong]

14 hours ago, Johnson81 said:

Ok so I moved out on the 1st November, and as expected the landlord didn't want to return the whole deposit (36K), instead offering to give me 20k on checking out, and the remainder within 2 weeks once he's had chance to fully inspect the property....so my 1st question is that legal?

 

Next, while there is no damage to the property, I suspect he's going to get property cleaned by someone, and charge me a couple of thousand before returning the deposit....so my 2nd question if takes him say 10 days for example to clean the house, is he allowed the deduct those 10 days (that he's not been able to rent to someone else) from my deposit?

Have you approached the Consumer Protection Office as I suggested a few weeks ago? This is the sort of thing they can deal with.

[Johnson81]

Not yet, as I was waiting to see if he'd stiff me....which he has.

 

Have you any experience with dealing with the Consumer Office, I take they speak English?

 

Thanks,

[smutcakes]

18 hours ago, Johnson81 said:

Update.

 

Ok so I moved out on the 1st November, and as expected the landlord didn't want to return the whole deposit (36K), instead offering to give me 20k on checking out, and the remainder within 2 weeks once he's had chance to fully inspect the property....so my 1st question is that legal?

 

Next, while there is no damage to the property, I suspect he's going to get property cleaned by someone, and charge me a couple of thousand before returning the deposit....so my 2nd question if takes him say 10 days for example to clean the house, is he allowed the deduct those 10 days (that he's not been able to rent to someone else) from my deposit?

 

NOTE: he quite stupidly told me he rents 7 properties. 

 

 

You moved out not the 1st November. Most contract stipulate that the deposit should be paid within 15-30 days after vacating the unit/end of lease. This would give the landlord time to clear the electric, water bills etc which would be issued after you leave depending on the billing cycle.

[Johnson81]

7 minutes ago, smutcakes said:

You moved out not the 1st November. Most contract stipulate that the deposit should be paid within 15-30 days after vacating the unit/end of lease. This would give the landlord time to clear the electric, water bills etc which would be issued after you leave depending on the billing cycle.

 

Ok thanks, just spoke to the landlord today and he wants to deduct 2,600 baht as the cooker is not working, 2,500 baht for a rip under the bed, and 2,000 baht for full cleaning inside and outside (it's a big house).

 

This totals almost 7,000 baht and seems excessive. Any advice on whether he can legally charge for the items?

[brewsterbudgen]

6 minutes ago, Johnson81 said:

 

Ok thanks, just spoke to the landlord today and he wants to deduct 2,600 baht as the cooker is not working, 2,500 baht for a rip under the bed, and 2,000 baht for full cleaning inside and outside (it's a big house).

 

This totals almost 7,000 baht and seems excessive. Any advice on whether he can legally charge for the items?

It doesn't sound excessive to me; if you broke the cooker and ripped the bed.  A thorough "deep clean" is usual.