Not complying with rental contract

[STD Warehouse]

We leased a house (my Thai Wife owns) for 8 years and registered the lease at the land office.

 

in the rental contract it states the tenant can rent the house as an Airbnb on a per night basis. We were happy for the tenant to do this.

 

the tenant spent quite a lot money renovating the house.

 

it seems renting per night on Airbnb is not profitable and the tenant rented out to a Long term to someone else.

 

the problem is we specifically did not want that to happen so put a clause in the contract that it can’t be rented to the same person for more than 90 days.

 

so is the contract broken? Should we be saying this Long term renting can’t occur? Is that within my rights?

[Eindhoven]

Not sure why Salerno finds everything funny at the moment. Perhaps he doesn't understand what the emoticons mean...

[Don Chance]

Usually LL's are happy if they just get their rent on time. Is this new tenant causing problems? Why would it matter if they stay longer than 90 days.

[Pravda]

14 minutes ago, Eindhoven said:

Not sure why Salerno finds everything funny at the moment. Perhaps he doesn't understand what the emoticons mean...

 

Because the op is full of lolz that's why. 

[STD Warehouse]

@don chance

 

hi, I am worried this might be the tenants response “why does it matter”. Then I feel pushed into a corner having to justify why I  wrote this clause in the contract. 

 

When we rented it we had our reasons. The tenant is a lovely person, but I wrote a detailed contract to avoid argument later in and we both signed this.

[Salerno]

48 minutes ago, Eindhoven said:

Not sure why Salerno finds everything funny at the moment. Perhaps he doesn't understand what the emoticons mean...

Pretty sure I do 

[FritsSikkink]

Quote

 

AIRbnb for 1 night is against Thai law, so that part of your rental agreement is invalid.

[Eindhoven]

23 minutes ago, FritsSikkink said:

AIRbnb for 1 night is against Thai law, so that part of your rental agreement is invalid.

 

Really? Show where that is stated.

 

Best to stop repeating things parrot fashion. Better to understand them first.

[BestB]

1 hour ago, STD Warehouse said:

@don chance

 

hi, I am worried this might be the tenants response “why does it matter”. Then I feel pushed into a corner having to justify why I  wrote this clause in the contract. 

 

When we rented it we had our reasons. The tenant is a lovely person, but I wrote a detailed contract to avoid argument later in and we both signed this.

Is contract in English or Thai ?

 

thing is and I do not really know legality of it , you agreed to allow sublet but limiting time frame for it.

 

technically, if original tenant was to rent it for 90 days and renew it each time he/she would not be in breach.

 

if you getting g good rental and property has been renovated and well kept, maybe better to leave it alone and enjoy stability .

 

you could contact OCPB and ask them , they will give you correct information 

Edited December 27, 2019 by BestB

[BestB]

10 minutes ago, Eindhoven said:

 

Really? Show where that is stated.

 

Best to stop repeating things parrot fashion. Better to understand them first.

Court ruling from last year fining Landlord 10000 per day . Daily rentals requires hotel license , therefore renting on Air daily is illegal 

[FritsSikkink]

40 minutes ago, Eindhoven said:

 

Really? Show where that is stated.

 

Best to stop repeating things parrot fashion. Better to understand them first.

That you don't know doesn't make me a parrot.

[sirocco]

Bah! for once we have a surfer
  laughing out loud, at each message,
why deprive yourself.
It changes the grumpy, the andropaused. ????

[ubonr1971]

A registered lease at the land office definitely holds more power than one thats not. Sounds like it is breach of contract. We have a registered lease also at the LO. Theres a clause in there about no sub letting. 

 

If the house is being looked after and rent is being paid on time what do you care about long term sub letting? 

[scorecard]

19 hours ago, Eindhoven said:

 

Really? Show where that is stated.

 

Best to stop repeating things parrot fashion. Better to understand them first.

It was discussed in the media and with various statement by gov't. agencies many months ago, then the gov't made Airbnb illegal, perhaps 6 - 8  months ago.

 

From my understanding, the eventual 'illegal' policy was because of strangers continuously coming / changing in condo buildings and other live-in owners very concerned about safety and security, noise and more.

 

 

[scorecard]

22 minutes ago, ubonr1971 said:

A registered lease at the land office definitely holds more power than one thats not. Sounds like it is breach of contract. We have a registered lease also at the LO. Theres a clause in there about no sub letting. 

 

If the house is being looked after and rent is being paid on time what do you care about long term sub letting? 

In any event a good rental agreement should have clauses about what happens if the owner sells the property, plus clauses indicating that the new own can request / insist the current renter leave or insist they leave at the end of the rental contract, which is a reason why signing rental agreements with a long-term life e.g. 5 years or no end date are unwise and possibly even illegal, especially 'no end date'.  

[SAFETY FIRST]

20 hours ago, FritsSikkink said:

AIRbnb for 1 night is against Thai law,

Thanks for this info.

 

I live in a housing estate and some of the houses have daily rentals causing a big problem for me and my neighbours.

Our housing estate is only a sort distance to beaches and town so it is very popular for large groups to occupy the larger houses, sometimes up tp 20 people.

 

Could you please provide more information regarding this law.

[Captain 776]

After the HELL I went thru in USA ...........I would never be a landlord......ever.

 

In USA.......or anywhere for that matter, NEVER rent to Section 8 low income tenants.

Why u ask?

Because they have more rights than you ever will.

[geisha]

Airbnb is legal only for stays longer than one month. Law 2018/2019.

[Bill97]

No reasonable legal opinion here.  Lease needs to be read by a lawyer.

[Pdavies99]

Sorry another foreigner thinking I'm going to do it my way, not the Thai way!  No chance!

[FritsSikkink]

2 hours ago, SAFETY FIRST said:

Thanks for this info.

 

I live in a housing estate and some of the houses have daily rentals causing a big problem for me and my neighbours.

Our housing estate is only a sort distance to beaches and town so it is very popular for large groups to occupy the larger houses, sometimes up tp 20 people.

 

Could you please provide more information regarding this law.

https://thethaiger.com/news/airbnb-illegal-for-daily-and-weekly-rentals-in-thailand

 

https://thepattayanews.com/2018/05/16/thai-court-rules-airbnb-against-the-law-in-thailand-for-daily-and-weekly-rentals-banned/

 

 

[richard_smith237]

I still have to wonder if the Op is receiving his rent money on time, why would he be concerned with a longer term 'sub-let' than daily Air-bnb. 

Surely a longer term tenant is more likely to look after the property for the Op (i.e. less moving, less damage etc). 

 

Where is the downside for the Op (other than the principle of contract breach) ?

 

[sead]

Well i hope you dont try to find a reason to take back the condo after he renovated it and upped the rental prices. I hope you aint being jealous because he has been smart to make more money than you. Kinda sounds like that.

[chilly07]

I would say that a no subletting clause on a short lease which hasn't required finance or a large down payment is probably enforceable even though it is an unfair term. If finance or a large down payment is included it is probably unenforceable.

[DJ54]

OP sounds like you’ve got a good working agreement with the tenant with the upgrades seems to be a good responsible tenant.

 

Have a Chat with the tenant point out the clause and ask what is 

reason for not sticking to the clause... maybe it financial???

[mogandave]

It could be that the OP was planning on the property developing as an AB&B rental he could use and generate revenue from once the tenant’s lease ran out. 

[BestB]

1 minute ago, mogandave said:

It could be that the OP was planning on the property developing as an AB&B rental he could use and generate revenue from once the tenant’s lease ran out. 

He said he rented out for 8 years , doubt That’s the reason . I think he might be worried original tenant

could not make money from doing daily so rented out long term and will just walk away and OP would be left with a new tenant mess but no contract between him and new tenant 

[Just Weird]

On 12/27/2019 at 1:22 PM, FritsSikkink said:

AIRbnb for 1 night is against Thai law, so that part of your rental agreement is invalid.

It's not being rented on a nightly basis, that's the point of the OP!

 

[SAFETY FIRST]

20 hours ago, FritsSikkink said:

23 hours ago, SAFETY FIRST said:

Thanks for this info.

 

I live in a housing estate and some of the houses have daily rentals causing a big problem for me and my neighbours.

Our housing estate is only a sort distance to beaches and town so it is very popular for large groups to occupy the larger houses, sometimes up tp 20 people.

 

Could you please provide more information regarding this law.

https://thethaiger.com/news/airbnb-illegal-for-daily-and-weekly-rentals-in-thailand

 

https://thepattayanews.com/2018/05/16/thai-court-rules-airbnb-against-the-law-in-thailand-for-daily-and-weekly-rentals-banned/

Thanks for the links.

 

 

 

These links are referring to rooms / Condominiums.

Does it also apply to housing developments?

Edited December 29, 2019 by SAFETY FIRST

[FritsSikkink]

18 hours ago, Just Weird said:

It's not being rented on a nightly basis, that's the point of the OP!

 

What the OP wanted (nightly rent) and put in the agreement is illegal.