Termination of Lease agreement

[Thaivisa2006]

Hello,

 

First of all sorry if this topic has been asked already in the past, but I would like to get some opinions regarding a problem with my current landlord.
I had a non working Air condition and the landlord did not action to repair it for multiple weeks. I contacted him / the agent uncountable times and reported the urgency of this problem that needs to be fixed urgently. Because of this the very late repair / replacement of the AC, leakages and the condensed water caused damage to walls and ceilings with ugly brown stains. Those stains are still in the room and landlord refuses to paint or fix them. I will move out of the room end of this month. As I am afraid that the landlord will make me responsible for the damages on walls and ceilings and not pay back my deposit, I didn't pay rent for the last 2 months. Now the landlord mentioned because I did not pay the contract is terminated immediately. As I will just be moving to my new condo in 3 weeks from now I am afraid that one day I come back from work he clears my room and all my belongings and furniture will be gone. Can someone advise me what the best option is to do in this case? Can actually the landlord go into my room in the mentioned case or would that be illegal?

[OneMoreFarang]

I am not a legal expert but it seems you didn't pay your rent because you thought your landlord will withhold the money after you leave.

But until now the landlord did not withhold the money. But you didn't pay your rent.

It's pretty clear who didn't follow the law.

Sorry but that are the facts.

[luckyluke]

28 minutes ago, Thaivisa2006 said:

As I am afraid that the landlord will make me responsible for the damages on walls and ceilings and not pay back my deposit, I didn't pay rent for the last 2 months.

A fact only based on an assumption.

Ir seems you didn't respect the contract, I am afraid you will have to assume the consequences.

 

 

[Thaivisa2006]

The fact is that the landlord was in breach of contract as he did not provide a working AC for almost 3 months. During that time i always paid then rent as in contract even if a room without AC should be significant cheaper as its a major deficit. Also the huge stains that I have now for several months are not fixed and the ceilings look horrible. Therefore and according to the agent he was in breach of contract on first hand why also the agent suggested me to do as mentioned.

[safarimike11]

Who is the landlord, e.g. is it a Thai or a foreigner; is it an agency or a private individual? Is the condo in a managed condo complex (this I doubt)?

[owenm]

You have already not paid rent for 2 mths to cover the bond, because you feel that the landlord wouldn't refund the bond. And the aircond has been faulty for several weeks, with various requests to fix or replace unit, and now have resulting brown water stains on walls and ceiling.. 

 

If you propose to stay until the end of the month, (month 3 with no rent paid) I'd say that you are asking for trouble.. You have broken the contract by not paying rent for two months, under the assumption that your deposit wouldn't be refunded and continue to stay longer. 

 

I would get out with all your belongings ASAP and without delay. It will end up costing you more now finding another place for this month before moving into your new condo. Any chance that the new place can allow you in earlier, as in now? 

[chilly07]

Depends on the lease terms as to who is responsible. Normally you would be responsible for cleaning and maintenance and landlord responsible for replacement if beyond repair. Believe the unit is working if it is producing condensate so probably your responsibility to maintain. By not paying rent you have broken the contract. By not replacing the unit if it stopped working the landlord has broken the contract.

If it was me I would have repaired or maintained myself and continued to pay the rent. If the technician says it cannot be repaired I would give 2 months notice that the landlord is breaking the contract and move out. Unfortunately you will most probably loose your deposit in any event but will have complied with the contract. In reality tenants would probably negotiate with the landlord as it would take more than 2 months to regain possession through the Courts and the landlord will probably have to replace the unit before reletting

[Thaivisa2006]

Quote

If you propose to stay until the end of the month, (month 3 with no rent paid) I'd say that you are asking for trouble.. 

no no, now I have not paid rent for 1 months and 1 week to be precise. The security deposit is so to say not yet used up. After 28 September it would.

However I am wondering if the landlord would have to give you a warning first as I haven't received any complain or similar yet.