Leaving condo without notice

[Anyoldname88]

Hi all I need some advice.

 

I have a condo 12 month lease expires 16th august 2019. Planning to leave this week. (6july) which is a little over a month early. 

 

I paid 2 month deposit (16000)

Have not given notice yet. As I do not believe the deposit will be returned at all. The condo is immaculate no danage etc. I'm even leaving additions items such as storage that is useful. I will video and photo all of this before I leave 

 

 I have not paid the last 2 months rent.

Agency has been useless no repairs done. Emails ignored. Very rude. 

They didn't notify immigration of a foreigner living here and refused to pay the charge of 1600. 

 

They have contacted me today as they noticed the rent hasn't been paid and have threatened to call the police if not paid immediately.

 

I am willing to pay the days I've stayed that are not covered by the 2 months they already have which is around 4400 but have not informed them of this. 

 

I want to know what the chances are of them calling the police or me having any issues for my final month travelling around Thailand or if I returned in the future? 

 

Thanks for any helpful advice. 

 

[Puchaiyank]

They are likely to come up with bogus fees and utility charges if you check out at office...if you do not plan on ever going there again...maybe leave quietly at night to avoid a confrontation...

 

I paid everything up...went to turn in my keys and they charged another 200 baht to sign a release form...crooks...

[watcharacters]

 

First post is a wind up?

 

 

[OneMoreFarang]

Why don't you officially check out?

There is no damage so there should be no extra bill.

Tell them you have no money anymore and that's why you leave.

What should they do? Ask you to stay there and pay more?

If you just leave there is no guarantee that later nobody claims you destroyed the place. You can have a video from day x. But what does that prove? That on day x all was fine. It does not prove that you didn't go back on the next day and did something.

 

As far as I know the police has nothing to do with this. It's a civil case, not a criminal case. So what should the police do? Arrest you if you don't pay the rent?

 

You did nothing wrong until now so just settle it like you would in another more developed country - at least that is my advice.

[Date Masamune]

Nothing in your contract says you don’t have to pay two months rent to justify not getting a deposit back. It is a breach of contract. Pay what you owe, move out properly, and apply for your deposit refund as required.

[holy cow cm]

Why wouldn't you just talk to them? They have threatened the police and you do have a 12 month lease. Means it needs to be paid unless they are understanding. Explain it. Not worth t he running.

[ThomasThBKK]

they cant call the cops, it's a civil offense...

[RichardColeman]

We - me and wife - had to leave without a lot of  notice and even though our contract had expired and we were just paying monthly, we lost all our 2 months deposit. No notice and things that were 'suddenly' found wrong being claimed, and these were what we thought were good thai landlords. rent a place in Thailand , figure on getting zilch back when you leave.

 

As for the police. can;t see it happening. If the police arrested every person that did not pay their rent the cells would be overflowing - mostly with thais

[emptypockets]

19 minutes ago, ThomasThBKK said:

they cant call the cops, it's a civil offense...

Nonsense. there was a case a few years ago that a couple of guys could not leave Thailand for a few years as they had allegedly done some damage to furniture. Cost them thousands.

Where do go you if you cant call the police for a civil offence? 

[mstevens]

4 hours ago, holy cow cm said:

Why wouldn't you just talk to them? They have threatened the police and you do have a 12 month lease. Means it needs to be paid unless they are understanding. Explain it. Not worth t he running.

 

Agree with this 100%.

 

At the end of the day, you signed a contract - and you should honour that contract. Explain that you're leaving early (would have been better to do it before now) and try to come to an agreement whereby you get some some / most of your deposit back.

 

That you have deliberately not paid rent for two months in lieu of them keeping the deposit is technically breach of contract. It might be easy to rationalise in your own mind, but that doesn't necessarily make it right.

 

Personally, I wouldn't want to face potential hassles if the landlord felt you owed him money and decided to pursue it. Odds are nothing will come of it and the landlord will just keep the deposit, but I wouldn't leave it to chance.

[gk10002000]

They sure can call the police. I once had a hotel bill issue that popped up while I was leaving at 2 AM to head to BKK for my early morning departure flight.  The hotel staff was on the phone right away, the hotel security guard, albeit all of 85 pounds was holding onto my bag and blocking my way out, etc.  Civil matter or not, they call the cops, or the military for everything.  The results, whether completely legal or not, (this is Thailand) may not be to your liking. He who has the might has the right

[CharlieH]

Go and talk to them ! Tell them you are sorry but you have hit hard times and must leave. The money they have will cover the rent and you are leaving on x date because you cannot afford to stay anymore and you felt it better to tell them now than incurr more debt.

Do it right and you can relax and won't be stressed or looking over your shoulder.

[ThomasThBKK]

12 hours ago, emptypockets said:

Nonsense. there was a case a few years ago that a couple of guys could not leave Thailand for a few years as they had allegedly done some damage to furniture. Cost them thousands.

Where do go you if you cant call the police for a civil offence? 

yes sure mate... i guess people on running out visa should damage their furniture then they can stay in thailand indefinitely.

 

The rental law is part of the Thai civil and commercial code.

They will have to file an Eviction case, this includes formal reminders beforehand to the tenant. They have to give him a deadline in written form.

How an eviction is done is explained here: 

 

 

If after eviction damages are unpaid for you have to pursue a litigation case.

 

However since last year, the whole thing got way more complicated for commercial landlords: https://www.thailand-property.com/blog/new-thailand-rental-laws-4-things-need-know

http://www.khaosodenglish.com/news/business/2018/03/08/new-rights-renters-thailand-shock-landlords/

 

 

Leases can also be broken if there's an acceptable reason given with a 1 month notice, i am not sure why op didn't try that - it's just stupid, bankruptcy might be an accepted reason.

 

Have fun getting a tenant arrest for not paying his bills because he can't, not going to happen anywhere in the world without a court order.

 

12 hours ago, gk10002000 said:

They sure can call the police. I once had a hotel bill issue that popped up while I was leaving at 2 AM to head to BKK for my early morning departure flight.  The hotel staff was on the phone right away, the hotel security guard, albeit all of 85 pounds was holding onto my bag and blocking my way out, etc.  Civil matter or not, they call the cops, or the military for everything.  The results, whether completely legal or not, (this is Thailand) may not be to your liking. He who has the might has the right

 

Because this is straight FRAUD, nothing todo with rental laws in Thailand...

this is part of the Thai Criminal Code and totally unrelated!

 

Quote

Under the same Thai Criminal Code, any person who orders or consumes a food or a drink or stays in a hotel, knowing that he has no capacity to pay for such shall be punished with imprisonment for a period not to exceed three months or a fine of not exceeding 500 Baht or both.

 

Edited July 6, 2019 by ThomasThBKK

[alacrity]

15 hours ago, ThomasThBKK said:

they cant call the cops, it's a civil offense...

How long have you been conducting business in Thailand? Police here are eager to get involved when there's any opportunity to turn a coin.

[LomSak27]

Either pay them or move out tomorrow night.

 

Try another city.

[ThomasThBKK]

How long have you been conducting business in Thailand? Police here are eager to get involved when there's any opportunity to turn a coin.

You clearly never did a tenant eviction... Have fun getting a tenant out, it's hell.

Sent from my LYA-L29 using Tapatalk

[alacrity]

5 minutes ago, ThomasThBKK said:

You clearly never did a tenant eviction... Have fun getting a tenant out, it's hell.

Sent from my LYA-L29 using Tapatalk
 

Yes, the collective "we" have effected eviction on several occasions. Admittedly there can be many variations of a theme. However our variants have been trouble free. They're gone.

[eggers]

Just recently vacated a Condo, had paid deposit of 2 mths, broke the lease as owner living overseas, ignored issue of replacements & bedroom closet infested w/ termites..replaced closet w/o a pest control inspection!! 

Requested inspection more that 6 times, so witheld rent & vacated...knew would upset him & likely lose deposit!!

Initially, owner offered to refund 1/2 deposit, then reneged, wanted funds for utilities, rent for unpaid days occupied, if didn't agree get nothing! Said had two month rent, why charge extra?? Take it or leave it was response!! 

The laws & protection of tenants rights in Thailand are negligible, no Control Board or Tribunal can go to...

Just have to write-off as bad experience, no point arguing; just hope do better next time!!

[AJBangkok]

First I think this message is just click bait it’s the posters first message and for some reason you can’t quote the message in a reply. 

 

In any event the poster is a deadbeat just trying to justify him not honoring his rental contract and ripping off his landlord. His claims that he “thinks” the landlord won’t pay his deposit back do not provide justification for not paying his rent.

 

Most Thai rental contracts specifically say under no circumstances can the deposit be applied to or offset the rental payments.

 

Unfortunately the other posters are right the police have no legal oversight to do anything as this is a civil matter. Before the police can legally lift a hand the owner must file a court case and it Must be decided before the police can take action. The owner can petition the court for an injunction to stop you leaving Thailand if he thinks you are a flight risk. 

 

Unfortunately it’s unlikely that the owner will want to bear the expense of all this over 2 months rental. They may try to “hire” the police to intimidate you but they have no power to do anything and if you were to video them they would back off very quickly. 

 

Its s people like you that give foreigners a bad name and the attitude that you are justified to screw a landlord because you “think” he may screw you is just dishonest rubbish.

 

 

 

 

 

[Jaxxper]

My view is they will hold the deposit. I would pay the arrears rent less the Thb 1600 TM30 fee, then you are free without worry. Thb 16,000 not worth the agro.

When (If) they say they are withholding the deposit, challenge them with the threat that you are going to report them to the Thai tax authorities as you do not believe they are paying tax on the revenues. Might be a reason why they wouldn't / didn't register you as staying. worth a long shot.

Hope it works out OK. Dealing with landlords here is a pain in the rear end.

[ThomasThBKK]

2 hours ago, AJBangkok said:

Its s people like you that give foreigners a bad name and the attitude that you are justified to screw a landlord because you “think” he may screw you is just dishonest rubbish.

 

While i partially agree and everyone should fullfill his contract and obligations, it's also a well known scam here to steal foreigners security deposit. Everyone who denies that must live in a different country than i do.

[Scouse123]

On 7/6/2019 at 3:57 AM, gk10002000 said:

They sure can call the police. I once had a hotel bill issue that popped up while I was leaving at 2 AM to head to BKK for my early morning departure flight.  The hotel staff was on the phone right away, the hotel security guard, albeit all of 85 pounds was holding onto my bag and blocking my way out, etc.  Civil matter or not, they call the cops, or the military for everything.  The results, whether completely legal or not, (this is Thailand) may not be to your liking. He who has the might has the right

 

A hotel bill is completely different to a rental contract. Not paying a hotel bill is a criminal offense.

 

A dispute in a contract is a civil case which needs to be filed at the court. I can't see the landlord being bothered.

 

The OP complained about the agent being useless, that is standard operating procedure once they have got their fee, they are not interested.

[Date Masamune]

 
A hotel bill is completely different to a rental contract. Not paying a hotel bill is a criminal offense.
 
A dispute in a contract is a civil case which needs to be filed at the court. I can't see the landlord being bothered.
 
The OP complained about the agent being useless, that is standard operating procedure once they have got their fee, they are not interested.

Totally true. But the law in Thailand is whatever Somchai with a badge says it is. We had a deadbeat Canadian in our condo once he literally got frog marched out and his belongings dumped in the parking lot. It was ugly, good luck suing the cops.

[expatfromwyoming]

Has to a troll post- nobody is that stupid...……… Well perhaps

[BobBKK]

2 hours ago, ThomasThBKK said:

 

While i partially agree and everyone should fullfill his contract and obligations, it's also a well known scam here to steal foreigners security deposit. Everyone who denies that must live in a different country than i do.

Renting from a Thai is asking for trouble. I don't rent TO or FROM or sell TO Thais. Never had a problem so far from farangs.

[Straight8]

On 7/6/2019 at 3:25 AM, emptypockets said:

Nonsense. there was a case a few years ago that a couple of guys could not leave Thailand for a few years as they had allegedly done some damage to furniture. Cost them thousands.

Where do go you if you cant call the police for a civil offence? 

Talk about nonsense. So it was a couple of guys and what, they fought this case, and had to stay in Thailand for a few years (at least 3??) having to pay legal costs, a place to stay, and other living costs over some furniture?? Really??? Someone call Ripley's!!!

[Basil B]

A contract is a contract...

So even if you do not stay the 12 months the landlord has every right to 12 months rent unless they are in breach of contract.

You could try that they were in breach of contract by not carrying out repairs, but were your complaints documented, did you write to them pointing out that if they failed to carry out repairs with in a month you would consider them in breach of contract???

Best talking to them, even a Thai knows you can not get blood out of a stone.

Leaving without notice can be more than just a nuisance to a landlord, if they have notice then they have a opportunity to look for new tenants, or organise renovations.

As for the police as has already been stated this is a civil matter, of course the landlord could unofficially hire them to put the wind up you, but they can not do much.

[jasonsamui55]

I’d pay what you think you owe and if you’ve already paid that I’d not pay a baht more. Once you’ve left and you think they owe you any refund, I’d send them your SWIFT and IBAN and not exactly hold your breath waiting for their bank transfer. And if they decline to pay you and instead ask you for money in return, you can either send them a picture of your middle finger or click the spam button so all their future emails get filtered to the trash can where they belong.

[alacrity]

On 7/6/2019 at 3:03 AM, ThomasThBKK said:

ith a conthey cant call the cops, it's a civil offense...

Yes they can. Whether the cops take action is a different matter. Defaulting or defrauding a contract is  quite a serious offence In Thailand. Sometimes examples are made.

 

 

[ThomasThBKK]

16 minutes ago, alacrity said:

Yes they can. Whether the cops take action is a different matter. Defaulting or defrauding a contract is  quite a serious offence In Thailand. Sometimes examples are made.

 

 

No, not true at all. Not being able to pay rent is not a criminal offense, half of thailand would be in jail...jeez

 

Quite obvious that they broke their contract not taking out repairs, he has all rights in the world to deem the contract broken.

They would need to start a litigation and actually win in front of a court before cops can get involved and then only if he still refuses to pay.

Guess why tentant evictions are so hard, because you can't just throw them out (legally).

 

https://www.thaicontracts.com/articles/8-thai-law-isn-t-simple/18-legal-aspects-of-lease-rental-tenancy-in-thailand.html

 

Quote

Hire of immovable property (land, house, condominium) for residential purpose by foreigners is governed by civil and commercial Code sections 537 to 571