Rent arrears

[salavan]

My wife has a property that she rents out the tenant is behind with the rent and refuses to move out.

Can anyone tell me the legal procedure to evict them, I stress the point legal procedure.

[Peterw42]

Any legal proceedings would probably depend if an official lease document exists, has been signed , deposit held etc. Most lease documents contain a behind in the rent clause, eviction clause etc. A little difficult to pursue a legal eviction if the tenancy was never legal.

Thai police are usually helpful in these situations, they will probably visit the tenant with you and broker an arrangement.

 

Edited October 23, 2018 by Peterw42

[Crossy]

12 minutes ago, Peterw42 said:

Thai police are usually helpful in these situations ...

Particularly if a little "lubrication" is forthcoming ????

 

[Peterw42]

7 minutes ago, Crossy said:

Particularly if a little "lubrication" is forthcoming ????

 

Its more an exercise of hiring them as a mediator, so a gratuity would be appropriate.

Edited October 23, 2018 by Peterw42

[CharlieH]

Turn off the water and electric. They wont stay long after that.

[irwinfc]

40 minutes ago, CharlieH said:

Turn off the water and electric. They wont stay long after that.

this... absolute boss move!

[Old Croc]

https://thethaiger.com/thai-life/law-order-evicting-tenant-thailand-2

 

[robertson468]

40 minutes ago, irwinfc said:

this... absolute boss move!

Irwinfc, what does that mean?

[rodpav]

4 hours ago, CharlieH said:

Turn off the water and electric. They wont stay long after that.

believe me its no deterrent

[Lacessit]

5 hours ago, CharlieH said:

Turn off the water and electric. They wont stay long after that.

If the tenant is up-to-date with water and electricity bills, how can that be legal?

[Andycoops]

A friend of mine got the tenant to move out when 3 of her male relative's turned up to act as persuasion.

This was Thai on Thai.

Bags were packed instantly. 

[reargunnerph3]

5 hours ago, robertson468 said:

Irwinfc, what does that mean?

An exceptionally good idea?

[Travel Dude]

7 hours ago, CharlieH said:

Turn off the water and electric. They wont stay long after that.

That is illegal. The proper way is to file a complaint at the Police Station. 

[The Theory]

If the property is a condo. I have heard that Thai turn off water, but you can not turn off electricity, because you need to remove the meter (not a good idea). 

 

[Tofer]

8 hours ago, CharlieH said:

Turn off the water and electric. They wont stay long after that.

Depends where the property is located. In UK this recourse is illegal.

[BritManToo]

On 10/23/2018 at 11:01 AM, salavan said:

Can anyone tell me the legal procedure to evict them, I stress the point legal procedure.

First, make sure your wife reported and paid tax on the rental income, as that's the first thing a court will check.

[snowgard]

1 hour ago, Travel Dude said:

That is illegal. The proper way is to file a complaint at the Police Station. 

And the police will tell you: "Sorry, this is a civil case!!! We can't do anything!!!

[dpspike]

I say turn off the lights and water, if you can, then wait for the guy to leave and change the locks or install a new padlock on the gate. Let him call the cops, bribe them when they arrive, and they can help you broker a deal. There is the law, and there is what you can get away with. These are often not equivalent.

[LukKrueng]

13 hours ago, The Theory said:

If the property is a condo. I have heard that Thai turn off water, but you can not turn off electricity, because you need to remove the meter (not a good idea). 

 

you don't have to remove the meter. The main for all units are near the meters, usually behind a locked door...

[LukKrueng]

In 2011, during the floods in BKK I had a tenant who was late on the rent. When the agent checked with then they said it's because of the floods difficult to move around. After a couple of months of non payment the agent set a meeting between the tenants and myself. They never showed up so I went with the agent to see the place and it was obvious they tried to move out while we were waiting for them to show up for the meeting. However there were still few things left behind so I changed locks. They called to say the need the rest of the things as the daughter's school uniform was there and she needed it to attend school... But... When I looked at what was left behind I saw some equipment that looked like they were actually producing fake calling cards. I told the agent to tell the tenants they have until the end of the day to pay what they owe or I call the police to check out the equipment. I got the money before the end if the day...

[The Theory]

7 hours ago, LukKrueng said:

you don't have to remove the meter. The main for all units are near the meters, usually behind a locked door...

You are somewhat correct, but you are correct about condoninium buildings not attached (2 or 3 story) or detached condominiums. There is only one main inside the unit. 

Since his wife owns it, we don’t know what kind it could be.

[LukKrueng]

1 hour ago, The Theory said:

You are somewhat correct, but you are correct about condoninium buildings not attached (2 or 3 story) or detached condominiums. There is only one main inside the unit. 

Since his wife owns it, we don’t know what kind it could be.

I think you have a wrong definition of condominium....

[The Theory]

44 minutes ago, LukKrueng said:

I think you have a wrong definition of condominium....

You have just focused on what farang can own. You better look widely. This could be about a Thai who can own a condo including the land, unlike farang style condo that share the land of whole property 49/51

 

[lahgon29]

On Sat Oct 27 2018 at 4:27 PM, Travel Dude said:

That is illegal. The proper way is to file a complaint at the Police Station. 

Illegal? What? Here in Thailand? It Beggars belief. Do you live here, mate? I've got In laws in Sisaket who did the same and rented out again within a week. Ive got a mate in Oldham who can't sell a rented property because the bludger keeps using the council to stay there rent free. 

Many of us living here do so because we can move around the law in cases like these. I'd be using the cops to throw him out, for a backhander. Then again, I'm just  pragmatic. 

Edited October 28, 2018 by lahgon29
Spelling.

[sead]

On 10/27/2018 at 12:19 PM, Tofer said:

Depends where the property is located. In UK this recourse is illegal.

Just tell the office to give you the electricity bill to you directly instead of slipping it under the door