Terminate contract because of noise

[thecyclist]

That's why I never sign long term contracts with huge deposits in Thailand, especially not in buildings that have empty plots of land around them:but even if there are none, chances are as soon as I have moved in, they tear down an older building to erect a new one :just my luck, happened to me several times 

[Just Weird]

On ‎2‎/‎27‎/‎2019 at 11:49 AM, Badb0y said:

I have a contract which will finish in Aug, but a big company started to build a mall next to the condo and it generates noise.

I have a baby which means if she can't sleep, nobody will sleep, so when they do some big noises, she wake up.

 

Is there any way to get back the deposit because the condo became uninhabitable?

It's not the owner mistake but not mine either.

 

What can do in this case?

The condo would have to be uninhabitable for you to pursue that course of action and what you describe does not make it uninhabitable.

 

Is the construction ongoing throughout the night or just, reasonably, during the day?

[Badb0y]

1 minute ago, Just Weird said:

The condo would have to be uninhabitable for you to pursue that course of action and what you describe does not make it uninhabitable.

 

Is the construction ongoing throughout the night or just, reasonably, during the day?

from 7am to 11pm every day

[Letseng]

5 hours ago, Badb0y said:

They start around 7am and finish 11pm every single day without break. Is it allowed like this? So I shouldn't complain then? You know if you have a baby it's a bit different ;o)

Cut your loss and move. 50,000 Thb is hardly a fortune. 

[Just Weird]

1 minute ago, Badb0y said:

from 7am to 11pm every day

If they are creating noise at 11pm you can make a complaint about it to the BMA.   

 

Seems that you are complaining about not being able to sleep during the day, have you tried sleeping between 11pm and 7am when the construction is quiet as most people do?  You and the baby would get the required 8 hours then!

 

Where is this construction?  Have other tenants complained also?

[Badb0y]

1 minute ago, Just Weird said:

If they are creating noise at 11pm you can make a complaint about it to the BMA.   

 

Seems that you are complaining about not being able to sleep during the day, have you tried sleeping between 11pm and 7am when the construction is quiet as most people do?  You and the baby would get the required 8 hours then!

 

Where is this construction?  Have other tenants complained also?

 

Yes, other tenants complained too to the juristic person and the juristic person is now an almost everyday guest at the construction work.

 

Next to Berkeley School, sukhumvit and bang na trat road intersection.

[Just Weird]

5 hours ago, Badb0y said:

They start around 7am and finish 11pm every single day without break. Is it allowed like this? So I shouldn't complain then? You know if you have a baby it's a bit different ;o)

That you have a baby is not the construction company's problem or the landlord's problem, nor does it give you the privilege of any special consideration. It does not make any difference at all and the chances are that you're not the only family with babies in the area.

[Pravda]

1 hour ago, Badb0y said:

When you move here I don't think this is the thing that you start to look, will they build anything next to me and destroy my calm? Did you look this one when you moved here? This was the first or 2nd thing?

 

I did. I realized I was moving to a 3rd world country. You write like a European, probably German. Go back. It's better there. I'm sure the government even warned you not to come here but you didn't listen.

 

If you do decide to stay here the noise you are experiencing now is going to be a joke compared to things about to come.

 

Fortunately, as long as you have money you can move wherever you are. Don't expect a Thai landlord to subsidize your Thailand lifestyle ????

[blackcab]

While I understand the OP's position, you cannot break the lease and expect to get your deposit back.

 

Don't forget that everyone in the neighbourhood had to put up with the noise and inconvenience when the building you are living in was constructed.

[digbeth]

The law allows noise making between 6AM and 10PM, a bit longer if it's been deemed that they have minigation measure in place,

 

big project like a condo building is likely to have lubricated things with the local government and initial complaints would go ignored, your best bet to get them to comply and stick to the legal working hours only is to get together with neighbors and complain in numbers to the city hall,

 

but as you're only renting, you can also communicate this to your landlord, ideally with the potential of loss of rent income it is his interest to complain and right things for you, but if you already indicate the willingness to break the lease over this issue, he might care more about the deposit and maybe get a less discerning renters next time

[Ctkong]

7 hours ago, Badb0y said:

Windows closed, thick curtains closed Aircon on, no help.

If it is piling noise deep low sound and close to your unit, even triple glazed doors and windows are not help. They may help some but not completely. I have a condo next to RCA . Every night boom boom from their discotheque. Music can be blocked out but not the bass. Now instead of hearing loud music, you get to hear the bass only. Don’t know which is better. Cost me tb 100,000 for nothing. 

 

[Ctkong]

2 hours ago, Letseng said:

Cut your loss and move. 50,000 Thb is hardly a fortune. 

Try to get the owner to install double glazing. Can cost around 100,000 baht. Or else get owner to lower the rent (subsidize) and you install the glazing yourself. If the cost to you is more than 50,000 baht you cut your losses and move. 

[Ctkong]

2 hours ago, Badb0y said:

What can the landlord do, if I don't pay from now? I see in the contract I can delay it for a month, but I'll not pay after. Can they call the police and kick me out or can they sue me and I have to pay more later?

Do not owe back rent and scot off. Owner can file a report with police and if you are not there to present your case, it goes into blacklisting you by the immigration. You might get detained the next time you fly off or come in.  Deal with the owner for options like I mentioned. 50,000 baht is not an option for future headache. 

[Elkski]

Seems very rude for people  to say it's your mistake.  Or move where there are no empty lots or houses on large lots.   You never had a baby before so how could you know how miserable life can be with a sleepy baby.   I look out my 26 floor condo suk 55 thonglor soi 20 and can see 40 cranes. Construction seems to be booking and why not.  Cheap labor if 12$)day and rents that far outoace the average workers wage who lives here. I mean rent maybe half of  a USA city but wages much lower like 4-8 times lower for most.   I have a nousy building going nearby and it's noisy 7-11 pm.  It is amazing how the noise travels and comes in single pane doors and windows that don't seal well.  It seems like all condos I stay at in thonglor the past year  have had nearby construction.  One reason I am not a city dweller in USA. 

I suggest the white noise machine or iTunes for some background music.  How old is the baby? Maybe the baby will get used to things soon?   I can see into the future below this condo and can imagine so many older buildings turning into high-rises. Okus a few late lots with one house.  Oh how it would be nice to own one if those in BKK.  How much do those sell for?  Do the sellers get a top floor condo?  I think it is stupid advice to move where you can't imagine future construction.   Some posters are just to cras and stupid. 

I was a landlord In USA in the past in a state where landlords have good strong power.  Deposit could never be used for rent.  

 

[thailand49]

Talk to the owner, if it isn't returned get your baby a pair of ear muff and start looking for a new place, times flies. If the lease is in English although in Thailand run through the language and see if there is anything that states you have a ' right to the enjoyment of your space "  if there is anything like it there is your out!  you have to get a lawyer if you have a stubborn and ignorant landlord it shouldn't cost much to make a phone call!

Edited March 1, 2019 by thailand49

[ThaiWai]

On 2/28/2019 at 11:13 AM, lust said:

Never move into a place with vacant land near by.

Same rule applies to occupied land unfortunately.

[Badb0y]

18 hours ago, Just Weird said:

If they are creating noise at 11pm you can make a complaint about it to the BMA.   

 

Seems that you are complaining about not being able to sleep during the day, have you tried sleeping between 11pm and 7am when the construction is quiet as most people do?  You and the baby would get the required 8 hours then!

 

Where is this construction?  Have other tenants complained also?

Looks like you don’t have kid. I would be curious how many less than one year old baby can sleep eight hours in the night and don’t wake up at least three times.

[Badb0y]

13 hours ago, thailand49 said:

Talk to the owner, if it isn't returned get your baby a pair of ear muff and start looking for a new place, times flies. If the lease is in English although in Thailand run through the language and see if there is anything that states you have a ' right to the enjoyment of your space "  if there is anything like it there is your out!  you have to get a lawyer if you have a stubborn and ignorant landlord it shouldn't cost much to make a phone call!

I like this idea in my next contract this will be the first thing that I’ll force to put. Thx

If you have any other clever ideas please share, I think it’s good to know to everybody how we can protect ourselves in this kind of cases.

Edited March 2, 2019 by Badb0y

[dallen52]

On 2/28/2019 at 11:03 AM, johng said:

Yes there are rules...getting someone to follow those rules is the difficult bit especially if they are rich

(the developer of noisy condo will be rich)

 

Have you talked to the landlord and  maybe suggest they return half the deposit ?

I have 21 dogs in 4 houses around me. 

Noisy  yes.

Oh and two roosters. 

Suburban pattaya. 

My complaint to one neighbor resulted in her getting two more dogs.

She now has seven.

 

So much for neighboring. 

 

My lease expires end of March ????

Farang go .  A long way away i think. 

[Skallywag]

On 2/27/2019 at 11:49 AM, Badb0y said:

I have a baby which means if she can't sleep, nobody will sleep, so when they do some big noises, she wake up.

Just wondering when you delivered your baby Badb0y?  Biologically impossible for males of our species.  

 

Just punning around - 

[richard_smith237]

21 hours ago, Badb0y said:

21 hours ago, richard_smith237 said:

So your deposit is 50k baht - is that 2 months deposit (2x 25,000 baht) ?

 

You could delay on paying the the final month before moving out (i.e. not pay it)... 

... and then any bills etc would be subtracted from the remaining 25,000 baht to minimize your loss. 

 

It's not the owners fault - but I'm sure they knew well in advance that a Mall was being built next to their unit and they had opportunity to inform you before you renewed your contract. They didn't so you're forced to play the same cagey game. 

What can the landlord do, if I don't pay from now? I see in the contract I can delay it for a month, but I'll not pay after. Can they call the police and kick me out or can they sue me and I have to pay more later?

 

I think the landlord could prevent entry to your rented condo. 

Much of this would depend on your relationship with your landlord. 

 

I guess you could string him long for about a month, i.e. you are waiting for a payment from overseas etc before you can afford to make the rent payment... This covers half of your deposit - the rest I suspect you would loose. 

 

It wouldn’t be worth legal proceedings which would cost more than your landlord would recover. 

He could get the police involved, but again, its unlikely and it depends on your relationship and how you play the delay in payment. 

 

 

 

 

[Just Weird]

4 hours ago, Badb0y said:

Looks like you don’t have kid. I would be curious how many less than one year old baby can sleep eight hours in the night and don’t wake up at least three times.

I have four children and they were all babies at one time.  I didn't say that babies sleep eight hours straight, I suggested that the entire night time after 11pm was available for you to sleep.  The fact that you have a baby that may disrupt your sleep when the construction is not working is, unfortunately, your problem that comes with your choice of having children, it is not that of a construction company.  You seem to think that just because you have a baby the construction company should cease operations.

[Badb0y]

On 3/2/2019 at 2:00 PM, Just Weird said:

I have four children and they were all babies at one time.  I didn't say that babies sleep eight hours straight, I suggested that the entire night time after 11pm was available for you to sleep.  The fact that you have a baby that may disrupt your sleep when the construction is not working is, unfortunately, your problem that comes with your choice of having children, it is not that of a construction company.  You seem to think that just because you have a baby the construction company should cease operations.

No,looks like I got used to different things in my country. Looks like here these kind of things are normal which is in a developed country prohibited. Anyway, I’ll stay and finish my contract and I’ll go somewhere else where such things like this are obvious.

[smutcakes]

On 3/2/2019 at 9:06 AM, Badb0y said:

I like this idea in my next contract this will be the first thing that I’ll force to put. Thx

If you have any other clever ideas please share, I think it’s good to know to everybody how we can protect ourselves in this kind of cases.

I am pretty sure the quiet peace clause is in relation to the landlord not allowing you to live in peace, rather than your situation.

No landlord would allow you to have a general live in peace clause as it would obviously be widely abused and completely 100% subjective.

[GreenerGrass]

I believe you have grounds to terminate your lease. http://www.thailawforum.com/new-thai-lease-law-empowers-renters/

[jackdd]

On 3/2/2019 at 9:18 AM, dallen52 said:

My complaint to one neighbor resulted in her getting two more dogs.

She now has seven.

 

So much for neighboring. 

 

My lease expires end of March ????

Complain a few more times before you leave, so she takes in more soi dogs.

[Badb0y]

10 hours ago, jackdd said:

Complain a few more times before you leave, so she takes in more soi dogs.

I think this law is the one that is valid for a landlord with at least 5 properties.