Smoking In Rented Apartment

[polecat]

Just a short query. Maybe somebody has some input.

Recently found a new apartment, looked over contract and left a deposit.

Now the landlady has sent a revised contract, including a new clause: 'no smoking on the premises'.

Obviously, I'm a smoker (or I wouldn't be posting). Should I query the clause or ignore it?

Cheers

[jbowman1993]

Just a short query. Maybe somebody has some input.

Recently found a new apartment, looked over contract and left a deposit.

Now the landlady has sent a revised contract, including a new clause: 'no smoking on the premises'.

Obviously, I'm a smoker (or I wouldn't be posting). Should I query the clause or ignore it?

Cheers

Its her unit. She has the right to ask the tenant not to stink the place up with their cancer sticks. Smart lady, I think. Smoke on the balcony or find another unit.

[polecat]

You've just got yourself uninvited to the housewarming!

No, you're quite right. I was just a little miffed that the stipulation came a mere 10 days before we're due to move. Househunting was (as always) a complete pain.

[peter991]

Interesting post. When I first rented condo in Pattaya there was no clause in the Contract - but because I like to keep windows closed and A/C on, I would go outside and have a smoke on the balcony.

I am wondering if the land lady has a legal right to add a clause which would result in the condo not meeting your needs. A bit like changing the rules of a game after the opening bounce of the ball.

I would have thought the fact you have paid a deposit (probably non-refundable) would mean the original Contract stands. But - don't take my word for it, give Greg from Sunbelt Asia a call. They have been sponsors of ThaiVisa for ages and are 100% reliable.

Peter

[nonthaburial]

Same thing happened to me except this was an original contract, she also wrote in No cooking, no alcohol and no guests. Guess who didnt get my business.

[Arkady]

A lease is an agreement between two parties and I don't think there is much statutory law governing what can in the lease and what not, specially less than 3 leases that are not registered with the Lands Dept. She has a right to inspect the premises and she decided some one had been smoking, she could have you booted out for breach of the agreement and hold on to your deposit. It's probably a small risk but you will no doubt lose if you get into a dispute over it later on. If you want to smoke at home, I think you would be better off being upfront and asking her to remove that clause and, if she doesn't agree, find somewhere else.

[maprao]

Same thing happened to me except this was an original contract, she also wrote in No cooking, no alcohol and no guests. Guess who didnt get my business.

wow I like it. I am surprised they did not add no sleeping, no breathing

I doubt she would have got a Thai person to sign that lease. I had a lease similar to this in Europe. However my experience was not so much the clause on what, to do or not to do, but someone who insists on a lease like this will be a "pain in the *ss" anyway.

Best thing is find another lease.There are so many empty condos and houses on the market that it a "renters" market really.

I hope polecat gets his deposit back. Also if not pursue it anyway, if you can afford the loss!! It sends a clear message that perhaps they should be more upfront on lease "restrictions" upfront.

Edited March 14, 2007 by maprao

[quiksilva]

Landlord's like that are the types that are most likely to keep your deposit regardless of what you do, give them a wide berth.

[polecat]

Thanks for the responses.

The landlady's also insisting on a 5k deposit on the phone line, because her last tenant left without paying a huge inter telephone bill.

It may well be a renter's market Maprao, but we've done a lot of looking and there's little suitable in our price range. I've got a feeling we'll take it and I'll be bansihed to the balcony.