HELP - Need rent overdue advice.

[AlexSc]

Hello

 

I have been renting a house in Thailand (We are both foreigners)

My friend signed the contract with all the details + bond and all. (Because he came to Thailand first)

 

He has not paid rent since July, and still owes August, September, October and November and has NOW flown back to his home country (The contract expires in December) 

 

Now, we split the rent 50/50 and I have paid ALL of my part. My friend has now flown back to his home country to live and I don't think he plans on paying the remainder of his rent.

 

Because only HIS name is on the contract, which he signed, can the landlord go to lawyers or whatever to make sure IF he comes back to Thailand, he will be in trouble?
He owes 47,000 baht+ and I don't plan on paying this for him.

 

Is there any advice or help?

Edited December 14, 2018 by AlexSc

[taninthai]

Yes..........Get some new friends that don’t stitch you up and rip other people off.

[AlexSc]

Wow, great advice!

 

[Crossy]

Did you pay your half to the landlord, does the landlord know about your arrangement?

 

There's likely a deposit in play somewhere so the landlord isn't actually losing out too badly.

 

Since the contract ends soon, just move out into somewhere you can afford alone.

 

[taninthai]

Ok you don’t Give much detail etc why has the landlord let you stay so long when rent is owed.

but to answer your question the landlord could quite easily go to the police and you will not be going anywhere until the rent is paid ,so don’t worry about your mate getting in trouble if he comes back,worry about yourself and what trouble you may have leaving the country if the landlord goes to police.

to me the landlord sounds like a bit of a idiot I don’t know many landlords that would let rent go unpaid for more than a month

[BestB]

i am surprised you have not been kicked out yet.

 

and because you have not, i doubt landlord will bother will police.

 

rent non payment is NOT a criminal offence, police can assist but at the end of the day its a civil matter and may cost landlord more than she/he will recover

[BestB]

19 minutes ago, taninthai said:

Ok you don’t Give much detail etc why has the landlord let you stay so long when rent is owed.

but to answer your question the landlord could quite easily go to the police and you will not be going anywhere until the rent is paid ,so don’t worry about your mate getting in trouble if he comes back,worry about yourself and what trouble you may have leaving the country if the landlord goes to police.

to me the landlord sounds like a bit of a idiot I don’t know many landlords that would let rent go unpaid for more than a month

That is very incorrect information. His name is NOT on the lease, so there is no thing landlord can do about the OP.

 

His buddy, in theory landlord  could file a police report, but since he is no longer in the country, police will not be taking any further action, nor will they send it to court to seek an arrest warrant

[KittenKong]

3 hours ago, taninthai said:

Get some new friends that don’t stitch you up and rip other people off.

Perhaps easier said than done in Thailand, and that has nothing to do with skin colour or nationality. Thailand seems to attract all the greedy losers of the world.

[scorecard]

3 hours ago, AlexSc said:

Wow, great advice!

 

I guess what Taninthai means is learn a lesson, get these things sorted out at inception so you avoid later problems. 

 

Further, I'm not sure whether the person who has disappeared without paying is a long-term friend or just someone you met whilst looking for accommodation.

 

If it's the latter, again learn a lesson and be more careful about these things. If it's the former learn to not be so trusting and get the 'paperwork' in order, even if it pisses off your 'friend'. 

 

Let's be honest most of us have not been careful enough with matters like this in the past, sometimes nothing goes wrong but often it does go wrong and becomes a nightmare. 

 

Seems you have 2 choices;

 

- If you really like the place and see it as a good option for long-term accommodation, and you can afford the rent alone, they bank the table (in private in frustration), and pay up the overdue portion and see it as history.

 

- If you don't see it as suitable for your long-term needs (and remembering your name is not on the lease / rental agreement so not much legally the landlord can do), pack your stuff and move out quickly, even to a cheap hotel for a week or two while you find another house / apartment whatever. Stay there and it will probably become more complex with the current landlord, and there is the possibility the current landlord might try (yes probably illegal but hey this is LOS), to get heavy with you by impounding your stuff / some of your stuff.

 

Good luck. 

Edited December 14, 2018 by scorecard

[Rc2702]

You best just pay up.

[taninthai]

1 hour ago, BestB said:

i am surprised you have not been kicked out yet.

 

and because you have not, i doubt landlord will bother will police.

 

rent non payment is NOT a criminal offence, police can assist but at the end of the day its a civil matter and may cost landlord more than she/he will recover

I agree probably the land lord will not bother with police but it is possible ,,forget arrest warrants though and about it being a civil matter ,,it depends who landlord knows ....quite easily to offer  police part payment of rent arrears .police confiscate passport and the op is stuck ...this is Thailand not the western world.

[BestB]

7 minutes ago, taninthai said:

I agree probably the land lord will not bother with police but it is possible ,,forget arrest warrants though and about it being a civil matter ,,it depends who landlord knows ....quite easily to offer  police part payment of rent arrears .police confiscate passport and the op is stuck ...this is Thailand not the western world.

Having been through Thai legal system, ie arrest, passport confiscation etc, its not so easy and police are less reluctant this days, unless its  very high ranking cop, in which case it will cost landlord much more that she/he ever sees back.

 

In my case, cop tried to hold on to my passport even after court was all finished and done with, I asked court why, and was told on the side he just wants some money.

 

Same lady also suggested NOT to pay, but to file a report with station chief as there is a procedure in place now in each station.

 

I found most of the time, cops like to use scare tactics, but if one insists they usually back down. 

 

If OP name was on the lease, then yeah they could try but because his name is not on the lease, he is not liable at all, and landlord did accept his half of the rent, so he can not be held for tresspassing or any wrong doing.

[luis888]

On 12/14/2018 at 5:14 PM, AlexSc said:

Wow, great advice!

 

Actually it is good advice, if he was a good friend he wouldn't leave you with the problem. 

[Mavideol]

On 12/14/2018 at 8:04 PM, BestB said:

That is very incorrect information. His name is NOT on the lease, so there is no thing landlord can do about the OP.

 

His buddy, in theory landlord  could file a police report, but since he is no longer in the country, police will not be taking any further action, nor will they send it to court to seek an arrest warrant

his name is not in the lease contract, the landlord can throw him out

[jackdd]

Find a new place and move your stuff out of the house before your landlord gets the idea to change the locks, that's it for your part then.

The landlord should have two months deposit from your friend, so in the end (if you didn't cause any damages) all he is missing is the rent for December, i doubt he will try to pursue this any further.

Edited December 17, 2018 by jackdd

[Katia]

16 hours ago, Mavideol said:

his name is not in the lease contract, the landlord can throw him out

That's what i was wondering-- if he's not on the lease, is he even allowed to be there?