Do I get my deposit back?

[STD Warehouse]

Under Thai law, do I get my deposit back if I  do not even move into the house I have rented?

 

a bit of background;

 

- signed 12 month rental contract, and paid 1 month security deposit which I get back at the end of the 12 months

- my contract says i pay the monthly rent at the beginning of each month, if I don’t pay the monthly rent after 14 days of the due date the landlord has the right to cancel the contract.

- the contract does not say I can get my deposit back if I cancel before I move in.

- the contract does not say I can cancel the contract.

 

due to my situation with a girl I like I can no longer live in that area as I must follow her and stay where she lives. I have not yet moved into the new house I signed a 12 month contract for, but I hav paid the 1 months rent security deposit. The landlord says the contract is clear if I don’t pay the first months rent the contract will get canceled 14 days later after the due date and my deposit is not refundable.

 

under thai law, do I lose my 1 months rent security deposit?

[BestB]

Under Thai Law an excuse or reason of " situation with a girl I like I can no longer live in that area as I must follow her and stay where she lives." is hardly reasonable or acceptable to get your deposit back.

[Bangkokhatter]

Turn it around, if you were the owner would you return the deposit ?                      

[richard_smith237]

The whole point of the Deposit is your promise - you've broken that promise. 

 

No recourse whatsoever unless you had a clause in the contact (i.e. Diplomatic Clause, which is the common term for early termination of a contract based on 'set conditions, i.e. having to move to a different area / town or country - Thai landlords rarely agree to such contracts and the clause is relatively unheard of).

[Andrew Dwyer]

I should think that the landlord has every right to retain your deposit, you really have no argument.

No doubt someone will be along to say “ you won’t get your deposit back even if you fulfill the contract “ but that is not always correct.
I rented for 14 months, got my deposit back in full.

[surangw]

money back in Thailand  ?  Ha!

[RichardColeman]

The returnable deposit when entering into a property rental contract with a Thai should be seen as potential bonus at the end and not something you expect to get back.

[mike787]

Nope...it's gone. Refunds in Thailand is like returning from the after life.

[richard_smith237]

10 minutes ago, mike787 said:

Nope...it's gone. Refunds in Thailand is like returning from the after life.

 

I've never 'not had my deposit returned' when renting in Thailand - that's over 20 years. 

 

There are so many stories of people not having their deposit returned I reckon I've been extremely lucky.

That said, I have had money deducted from my deposit which was accounted for with receipts for cost of repair (dented fridge door & scratches on the Glass Hob) - perfectly fair IMO. 

 

In this case I'll be surprised if the Op gets his deposit back, the landlord has lost time which could have been spent securing potential tenants, or may have even rejected tenants based on his property being occupied. 

 

 

[Denim]

Love is a many splendid thing.

 

Runs second to lust though.

[Puchaiyank]

Follow this basic rule...when you hand your money over to a Thai...it is gone forever!   There are exceptions...but very few...????

[smutcakes]

10 hours ago, richard_smith237 said:

 

I've never 'not had my deposit returned' when renting in Thailand - that's over 20 years. 

 

There are so many stories of people not having their deposit returned I reckon I've been extremely lucky.

That said, I have had money deducted from my deposit which was accounted for with receipts for cost of repair (dented fridge door & scratches on the Glass Hob) - perfectly fair IMO. 

 

In this case I'll be surprised if the Op gets his deposit back, the landlord has lost time which could have been spent securing potential tenants, or may have even rejected tenants based on his property being occupied. 

 

 

I dont think you have been lucky, its normal to get it returned. I have always had mine returned also. I treat properties with respect, i lease off responsible landlords, i do proper due diligence, have proper fair contracts in place, and abide by the contract. If i breach a contract i accept my liability, i dont try to shaft landlords and because of proper due diligence and proper contracts with proper landlords i have never had a problem. I put this down to being polite, courteous and having common sense. 

 

In this case the tenant has breached his contract, why would the landlord repay the deposit, they would not in any country. even claiming that they should/may or thinking they would shows a complete lack of common sense.

 

I do understand that leasing in out of the way locations, to regular Somchai, perhaps inexperienced landlords is more problematic, but that's life over here. You make your bed......

 

After being here for nearly 15 years i truly am a believer in Thailand if you go about your business with a cheery, polite and respectful attitude, you are in 99.9% of circumstances met with the same courtesy....

[jackdd]

The deposit is the guarantee by you to fulfill the contract, you don't fulfill it so the landlord keeps the deposit, sounds just reasonable to me.

[PatOngo]

Ahhh! The cost of love! Forget the money, follow the girl!

[nickmondo]

of course you wont get it back

[Golden Brown]

Just take it on the chin and remember you wouldn't have got your deposit back after the contract ended anyway!

[natway09]

I have rented 8 times in Bangkok & always got my deposit back after utilities paid, normally about the 15th of the following month. 

In your case,,, do u really feel right about asking this forum, you have broken the contract,,,, bye

[RJRS1301]

You signed a contract, you paid a deposit to secure that contract, you choose not to fulfill the contract. 

Ethically do you think you should be refunded?

You are making a choice NOT to move in

The landlord could have rented the property to someone who would have fulfilled their contractual obligations.

Think it through.

 

[ThaiFelix]

19 hours ago, richard_smith237 said:

 

I've never 'not had my deposit returned' when renting in Thailand - that's over 20 years. 

 

There are so many stories of people not having their deposit returned I reckon I've been extremely lucky.

That said, I have had money deducted from my deposit which was accounted for with receipts for cost of repair (dented fridge door & scratches on the Glass Hob) - perfectly fair IMO. 

 

In this case I'll be surprised if the Op gets his deposit back, the landlord has lost time which could have been spent securing potential tenants, or may have even rejected tenants based on his property being occupied. 

 

 

Maybe you were very lucky.  I know many stories where deposit not returned.  I learned the hard way the first time I rented.  After that I never gave them a chance.  I would give a months notice and then use up the bond/rent in advance before I moved out.

[Letseng]

21 hours ago, mike787 said:

Nope...it's gone. Refunds in Thailand is like returning from the after life.

Not all landlords are dishonest. There are many decent ones.

Just like anywhere else in the world.

[newnative]

  No, and rightly so.

[YoungBrit]

Your landlord is correct, you should not get it back, you are in breach of contract after 14 days and he will then be able to keep the deposit. 

[SteveK]

You signed a contract so are technically liable for the 12 months rent whether you live there or not - in many countries this would be enforceable so you are lucky to only be losing the deposit. To be asking if you are entitled to it back after breaking the contract you signed is idiotic. The deposit is basically a promise that you will adhere to what you signed, which you have not done so the deposit is forfeit, simples.

[Percy P]

On 7/11/2019 at 8:56 PM, BestB said:

Under Thai Law an excuse or reason of " situation with a girl I like I can no longer live in that area as I must follow her and stay where she lives." is hardly reasonable or acceptable to get your deposit back.

I agree

[STD Warehouse]

great, 

 

thanks for all the replies, seems like everyones in agreement no deposit should be returned.

 

I'm actually the Landlord, but wanted to phrase the question as if I'm the Tenant, as I thought if i said I was the Landlord everyone would have trolled me saying to give the deposit back.

 

In the end I actually let the Tenant find someone else to take over his contract and pay him the deposit back, so the Tenant didnt lose out and Ive still got the same contract with a new tenant and the deposit from the original tenent, so everyone is happy.

[Rhys]

... a tough lesson, but prepares your for future situation... Be Alert... Think..

[Henryford]

In Thailand NO ONE gets their deposit back.

[Isaanbiker]

Reminds me of an American teacher. 

 

    

There's an American who'd lost his job at a school, and he wanted to have his deposit for his apartment back. 

 

The house owner only said that it's impossible without giving him a one month note and he's damn right. 

 

  The foreigner then called the Tourist Police. The cops arrived: "Can we help you, sir"?

 

   "Yes, this Thai man wants to rip me off!". "May I see your passport, please"?

 

   The foreigner was on a ten + year overstay and spent the next three months in a cell, awaiting deportation.

 

That happened in Ubon seven years ago.