Landlord claims she can't file TM30

[Toulalan]

Hi guys!

I came into Thailand Aug 16th with a Visa Exempt stamp. I live here in an apartment even though my name is not on the contract, just my girlfriends name is. I thought my landlord has done the TM30 already but just found out she didn't. She now claims that my gf and me need to go together to CW or the police station to do the report. But in both cases get fined anyway. I can't do it online, seems like just for Apartment owner/manager/receptionist.

1.) Is it true that my gf is responsible and not the landlord if im not on the contract?

2.) Why should I do the report if I get fined anyway?

3.) Would get fined once I do my extension at CW or once I am leaving Thailand?

Edited September 1, 2019 by Toulalan

[Matzzon]

1. Yes, she can be seen as responsible due to that she is the possessor that are having you staying with her.

 

2. Good question. You might not get an extension if a TM30 is not filed.

 

3. When you do your extension. Not when leaving.

 

And if the landlord refuses to file a TM30, then she will eventually get fined too.

Edited September 1, 2019 by Matzzon

[Toulalan]

12 minutes ago, Matzzon said:

1. Yes, she can be seen as responsible due to that she is the possessor that are having you staying with her.

 

2. Good question. You might not get an extension if a TM30 is not filed.

 

3. When you do your extension. Not when leaving.

 

And if the landlord refuses to file a TM30, then she will eventually get fined too.

Thanks!

As far as I know the online registration will take a while. Otherwise my gf could do that. So need start a day trip to go to either CW or police station to do TM30 asap?

[Matzzon]

8 minutes ago, Toulalan said:

Thanks!

As far as I know the online registration will take a while. Otherwise my gf could do that. So need start a day trip to go to either CW or police station to do TM30 asap?

That would probably be a good idea, or you can do it at the same time as your extension. They have a special counter they send you to in CW. Better do it at CW than at the police.

[Peterw42]

1 hour ago, Toulalan said:

Hi guys!

I came into Thailand Aug 16th with a Visa Exempt stamp. I live here in an apartment even though my name is not on the contract, just my girlfriends name is. I thought my landlord has done the TM30 already but just found out she didn't. She now claims that my gf and me need to go together to CW or the police station to do the report. But in both cases get fined anyway. I can't do it online, seems like just for Apartment owner/manager/receptionist.

1.) Is it true that my gf is responsible and not the landlord if im not on the contract?

2.) Why should I do the report if I get fined anyway?

3.) Would get fined once I do my extension at CW or once I am leaving Thailand?

 

Reporting at a police station is in the absence of an immigration office, not a choice of whats convenient.

 

Yes girlfriend should be able to report as the possessor.

 

If and when you go to do a report, YOU JUST ARRIVED this morning at your condo (prior to that you were at the other end of thailand in an un-named guesthouse), you wont get fined, you just got to the property.

 

 

[Toulalan]

3 minutes ago, Matzzon said:

That would probably be a good idea, or you can do it at the same time as your extension. They have a special counter they send you to in CW. Better do it at CW than at the police.

But I won't be able to do that on my own? Need to bring my gf?

[Matzzon]

16 minutes ago, Toulalan said:

But I won't be able to do that on my own? Need to bring my gf?

Not sure. It depends on the office. I only need to bring her copy house book and copy id, both signed, rental contract with a copy as well as your own passport and signed copy of that. And a picture as usual. You have to wait for somebody that knows what they want exactly in CW.

Edited September 1, 2019 by Matzzon

[Sanjay Jaybhay]

Pay the fine when you go to do your extension after 1 year.  You can also tell the landlord that you will do the reporting by yourself and maybe extend the contract for him for another year if he pays the fine. Landlords are happy to pay the fine but dont want hassel of reporting. Try it could work and be a win win for everybody. 

[NanLaew]

26 minutes ago, Matzzon said:

You have to wait for somebody that knows what they want exactly in CW.

'twas ever thus.

[Don Mega]

1 hour ago, Toulalan said:

Thanks!

As far as I know the online registration will take a while.

Why does it take a while ?

 

I registered yesterday and had my  user name and password 6 hours later.

[Pattaya46]

1 hour ago, Matzzon said:

// And if the landlord refuses to file a TM30, then she will eventually get fined too.

Not in this case IMHO. The landlord lady rent to a Thai people (the GF) so has no TM30 to do. If the GF decided to bring in a foreigner, it's to the GF to do the TM30. Not the business or responsibility of the landlord.

[tabarin]

You speak about a landlord that is not your landlord. It is your girlfriend's landlord and that makes you a guest of her. 
Long story short: your girlfriend functions as your landlord if it comes down to TM30 reports.

You can just get the TM30 + fine on the day you plan to do extension as well, problem solved.

[Toulalan]

10 minutes ago, tabarin said:

You speak about a landlord that is not your landlord. It is your girlfriend's landlord and that makes you a guest of her. 
Long story short: your girlfriend functions as your landlord if it comes down to TM30 reports.

You can just get the TM30 + fine on the day you plan to do extension as well, problem solved.

Agree! But, if I understood correctly, I still need all the documents from my (girlfriends) landlord? copy Thai ID, copy house book listing, POA form, copy lease agreement? Plus GF copy ID and POA if I go on my own?

[ChipButty]

50 minutes ago, Don Mega said:

Why does it take a while ?

 

I registered yesterday and had my  user name and password 6 hours later.

Lucky you

[Don Mega]

21 minutes ago, Toulalan said:

Agree! But, if I understood correctly, I still need all the documents from my (girlfriends) landlord? copy Thai ID, copy house book listing, POA form, copy lease agreement? Plus GF copy ID and POA if I go on my own?

I registered yesterday and had house book, House owners ID, my passport and house lease..... No POA's.

I received my user name and password 6 hours later.

[Matzzon]

59 minutes ago, Pattaya46 said:

Not in this case IMHO. The landlord lady rent to a Thai people (the GF) so has no TM30 to do. If the GF decided to bring in a foreigner, it's to the GF to do the TM30. Not the business or responsibility of the landlord.

Not a matter of opinion. If a foreigner stays in the appartment, the landlord has the responsibility to report that. The girlfriend might have a social responsibility to report her foreigner to the landlord.

[ChouDoufu]

1 hour ago, Don Mega said:

Why does it take a while ?

 

I registered yesterday and had my  user name and password 6 hours later.

it takes a while depending on location. 

 

currently at CW, mail-in tm30 is taking 6 weeks for receipt.  online application for id/password taking 4 weeks.

 

[berybert]

3 hours ago, Matzzon said:

Not a matter of opinion. If a foreigner stays in the appartment, the landlord has the responsibility to report that. The girlfriend might have a social responsibility to report her foreigner to the landlord.

What happens if the girlfriend hasn't told the landlord that her boyfriend has moved it.

You think the landlord should get fined for that ?

[albertik]

My Thai wife is owner of a condo located out of our province. She has a chanote deed but no house book with no possibility of getting one in the near future. Is it possible to register online for TM-30 reporting using her home province house book or using info on her chanote deed?

[Pattaya46]

5 minutes ago, albertik said:

My Thai wife is owner of a condo located out of our province. She has a chanote deed but no house book with no possibility of getting one in the near future. Is it possible to register online for TM-30 reporting using her home province house book or using info on her chanote deed?

Registration form ask for a house number who is inside the house book.

For me (foreigner) it was inside my condo Blue Book.

I don't know if the registration can be made without this house number 

[Matzzon]

58 minutes ago, berybert said:

What happens if the girlfriend hasn't told the landlord that her boyfriend has moved it.

You think the landlord should get fined for that ?

What I think is totally irrelevant. The landlord i responsible for reporting foreigners, that´s why a stated it would be a good thing for her to tell the landlord. The law does not state that, but if not she can get in trouble with the landlord. But, as I say. What I think and what opinion I might have is totally irrelevant.

[Pattaya46]

5 hours ago, Matzzon said:

Not a matter of opinion. If a foreigner stays in the appartment, the landlord has the responsibility to report that. //

And who decided that? You? 

The law says it's the responsibility of the house owner OR the housemaster, and in the present case the GF fully become housemaster when getting a foreigner to reside in her (rented) place.

[Peterw42]

1 hour ago, Matzzon said:

What I think is totally irrelevant. The landlord i responsible for reporting foreigners, that´s why a stated it would be a good thing for her to tell the landlord. The law does not state that, but if not she can get in trouble with the landlord. But, as I say. What I think and what opinion I might have is totally irrelevant.

Its not just the landlord is responsible, in fact the law, the form or the online system doesn't use the word landlord.

 

Its Owner, housemaster or possessor is responsible.

 

 

[Peterw42]

5 hours ago, Matzzon said:

Not a matter of opinion. If a foreigner stays in the appartment, the landlord has the responsibility to report that. The girlfriend might have a social responsibility to report her foreigner to the landlord.

Read the law, the word landlord is not even used. 

 

Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the competent official of the Immigration Office located in the same area with that hours , dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned.

 

Housemaster is also defined in the law.

 

Section 4 “House Master” means any persons who is the chief possessor of a house , whether in the capacity of owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act.

Edited September 1, 2019 by Peterw42

[Matzzon]

5 minutes ago, Peterw42 said:

Read the law, the word landlord is not even used. 

 

Section 38 : The house – master , the owner or the possessor of the residence , or the hotel manager where the alien , receiving permission to stay temporary in the Kingdom has stayed , must notify the competent official of the Immigration Office located in the same area with that hours , dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned.

 

Housemaster is also defined in the law.

 

“House Master” means any persons who is the chief possessor of a house , whether in the capacity of owner , tenant , or in any other capacity whatsoever , in accordance with the law on people act.

Really!? Maybe you should read and understand a little bit better. If you are the landlord, you are probably the owner. Do you find it now?

According to the latest information in the news, both the foreigner and the landlord/owner as well as the possessor can be fined for not filing the nessessary papers.

Edited September 1, 2019 by Matzzon

[Matzzon]

10 minutes ago, Peterw42 said:

Its not just the landlord is responsible, in fact the law, the form or the online system doesn't use the word landlord.

 

Its Owner, housemaster or possessor is responsible.

 

 

Yes, and the landlord is usually the owner, so totally irrelevant.

[Matzzon]

17 minutes ago, Pattaya46 said:

And who decided that? You? 

The law says it's the responsibility of the house owner OR the housemaster, and in the present case the GF fully become housemaster when getting a foreigner to reside in her (rented) place.

And in your opinion the landlord is not the owner? Stop with the nonsense please. And no, the law decided that. 

Edited September 1, 2019 by Matzzon

[Peterw42]

1 minute ago, Matzzon said:

Really!? Maybe you should read and understand a little bit better. If you are the landlord, you are probably the owner. Do you find it now?

According to the latest information in the news, both the foreigner and the landlord/owner as well as the possessor can be fined for not filing the nessessary papers.

Of course they can all be fined for not doing the report, they are, as per section 38,  responsible for doing the report.

 

What part are you not understanding, its not only the landlords responsibility, its the owner (who may well be the landlord) "OR" the housemaster (defined in the law as anyone who is the chief possessor of the house).

 

Rent a house (or stay with someone who rents a house) and you are responsible for the TM30 report as the housemaster/possessor.

 

[Max69xl]

6 hours ago, Toulalan said:

Agree! But, if I understood correctly, I still need all the documents from my (girlfriends) landlord? copy Thai ID, copy house book listing, POA form, copy lease agreement? Plus GF copy ID and POA if I go on my own?

Go to CW Immigration. Pay the fine, submit the TM30 and apply for the extension at the same time. 

[berybert]

1 hour ago, Matzzon said:

What I think is totally irrelevant. The landlord i responsible for reporting foreigners, that´s why a stated it would be a good thing for her to tell the landlord. The law does not state that, but if not she can get in trouble with the landlord. But, as I say. What I think and what opinion I might have is totally irrelevant.

The law is irrelevant too. If the landlord doesn't pay the fine then the person staying at the place will.

So what you think and what the law states is pretty pointless.