Does this law apply when you have 5 properties anywhere ?

[JohnnyBKK]

Hello,

 

I would like to know if this law applies when you have 5 properties for rent anywhere (different condos, villas, etc) or if it applies only for blocks of at least 5 units in the same building ? Because my landlord charged me 2 months deposit but they do have more than 5 units for rent but in different locations and I would like to know if I can sue them criminally or only civil.

 

http://www.thailawforum.com/new-thai-lease-law-empowers-renters/#:~:text=Thailand's%20new%20Lease%20law%20came%20into%20effect%20on%20May%201%2C%20208.&text=The%20new%20law%20prevents%20landlords,the%20landlord%20was%20actually%20billed.

[jackdd]

Afaik anywhere. But if you try to sue him you will probably notice that he has only 4 properties, another 4 in his wife's name, and 4 in his child's name and so on ...

[thainet]

12 minutes ago, jackdd said:

Afaik anywhere. But if you try to sue him you will probably notice that he has only 4 properties, another 4 in his wife's name, and 4 in his child's name and so on ...

Sue him for what.

You obviously signed a contract which included 2 months deposit, and now you want to sue him for your apparent oversight.

[HampiK]

If you not happy with the condition, leave and search a better option.

As many told, there are so many apartements to rent, shouldn't be difficult to find another one.

 

But if you say the rent is so cheap I want stay there, then forget about this topic. Because if you sue him, for sure he will kick you out afterwards. so you only have work and no benefit at the end.

[Peterw42]

Landlord possibly charged 1 month deposit and 1 month rent in advance.

 

[worgeordie]

Your grasping at straws now, how do you know he has 5 or more

properties,and if he has how could you prove it.

regards worgeordie

[VocalNeal]

It must be me?

OP was happy to sign a contract under the terms requested but now is not happy. So why sign in the first place?

[JohnnyBKK]

5 hours ago, VocalNeal said:

It must be me?

OP was happy to sign a contract under the terms requested but now is not happy. So why sign in the first place?

First of all I don't who my landlord is so I don't know if it's you or not. When I rented I told my agent I should pay just 1 month of deposit if they have more than 5 properties which they replied they don't. Funny thing is I found out they do, so it was misleading information from the start and with the new law can land the landlord in jail. Now I don't like doing stuff like this but they refused to refund my deposit for dubious reasons, nothing to do with how I left the unit. So if I have no choice but to explore all my options.

[JohnnyBKK]

6 hours ago, Peterw42 said:

Landlord possibly charged 1 month deposit and 1 month rent in advance.

 

My document states it's was 2 months deposit and 1 month rent in advance. This is illegal if the landlord has more than 5 properties which she do.

[innosiem]

where in that article does it say the landlord needs to own at least 5 rentals for this to apply ?

Surely the regulations apply to all landlords,
or do you have another source for info ?

[JohnnyBKK]

2 minutes ago, innosiem said:

where in that article does it say the landlord needs to own at least 5 rentals for this to apply ?

Surely the regulations apply to all landlords,
or do you have another source for info ?

Applies only to people with 5 properties yes, a bit annoying to have 2 sets of laws.

[innosiem]

1 minute ago, JohnnyBKK said:

Applies only to people with 5 properties yes, a bit annoying to have 2 sets of laws.

do you have a source ?

[JohnnyBKK]

16 minutes ago, innosiem said:

do you have a source ?

Link above : The new safeguards are amendments to the Consumer Protection Act and apply to landlords leasing out at that lease five or more residential units.

[Don Mega]

24 minutes ago, JohnnyBKK said:

My document states it's was 2 months deposit and 1 month rent in advance. This is illegal if the landlord has more than 5 properties which she do.

A legally binding document that you willfully signed.... or did the landlord have a gun to your head.

[innosiem]

8 minutes ago, JohnnyBKK said:

Link above : The new safeguards are amendments to the Consumer Protection Act and apply to landlords leasing out at that lease five or more residential units.

thanks, not sure how i missed that paragraph????‍♂️
personally i always refuse anything more than a 1 month deposit,
i tell them i got no issue paying X extra months rent in advance, take it or leave it
this will usually sway the landlord to accept it

big problems that remains here (and many other countries) and probably the cause of issue
is landlords are not required to keep deposits in separate bank accounts
they just see all money coming to them as theirs
which is why i never pay more than 1 month deposit
as i know there is no guaranty the landlord will have MY money spare when i leave.
But yeh as others pointed out, you signed the contract.
but deposit also should have been returned to you within 7 days.
 

Edited July 5, 2020 by innosiem

[JohnnyBKK]

1 minute ago, Don Mega said:

A legally binding document that you willfully signed.... or did the landlord have a gun to your head.

That document is not legal as it can't override the law, it makes the whole contract nullified. I'm waiting for the 7 days to be over then I'm hiring a lawyer and I will ask him to open a criminal case instead of a civil case based on this fact. Let's see how that goes with the landlord and if they still refuse to refund my deposit.

[Don Mega]

1 minute ago, JohnnyBKK said:

That document is not legal as it can't override the law, it makes the whole contract nullified. I'm waiting for the 7 days to be over then I'm hiring a lawyer and I will ask him to open a criminal case instead of a civil case based on this fact. Let's see how that goes with the landlord and if they still refuse to refund my deposit.

bwahaahahahahahaha, good luck !

[JohnnyBKK]

1 minute ago, Don Mega said:

bwahaahahahahahaha, good luck !

I have nothing to lose, the one with something big to lose is the landlord. Let's see if they prefer a criminal case being opened or just refund what is mine.

Edited July 5, 2020 by JohnnyBKK

[innosiem]

3 minutes ago, JohnnyBKK said:

That document is not legal as it can't override the law, it makes the whole contract nullified. I'm waiting for the 7 days to be over then I'm hiring a lawyer and I will ask him to open a criminal case instead of a civil case based on this fact. Let's see how that goes with the landlord and if they still refuse to refund my deposit.

the landlord will likely cave in as soon as they hear from a lawyer, if they are knowingly in the wrong

after the 7 day period, you may also be better to take to social media
and name and shame the landlord publicly
who is tarnishing the good name of Thailand
exploiting a stranded foreigner because his income has dropped due to covid
get a friend to translate it all to Thai too

[JohnnyBKK]

Just now, innosiem said:

the landlord will likely cave in as soon as they hear from a lawyer, if they are knowingly in the wrong

after the 7 day period, you may also be better to take to social media
and name and shame the landlord publicly
who is tarnishing the good name of Thailand
exploiting a stranded foreigner because his income has dropped due to covid
get a friend to translate it all to Thai too

I don't want to have a defamation lawsuit on my back, I'm not here to hurt anyone, just get my money back.

[Don Mega]

2 minutes ago, JohnnyBKK said:

I have nothing to lose, the one with something big to lose is the landlord. Let's see if they prefer a criminal case being opened or just refund what is mine.

As I said good luck, if you win and actually get you deposit back will you use that to put towards the lawyers fee's ?

[JohnnyBKK]

Just now, Don Mega said:

As I said good luck, if you win and actually get you deposit back will you use that to put towards the lawyers fee's ?

It doesn't matter, I just don't want the landlord to keep my money for free. They will also have to hire a lawyer and pay as much as me.

[luckyluke]

11 minutes ago, JohnnyBKK said:

I'm hiring a lawyer

 

7 minutes ago, JohnnyBKK said:

I have nothing to lose,

Deleted

 

Edited July 5, 2020 by luckyluke

[innosiem]

1 minute ago, JohnnyBKK said:

I don't want to have a defamation lawsuit on my back, I'm not here to hurt anyone, just get my money back.

how would it be defamation ?
if he is wrongfully withholding your deposit and not returning it to you ?

defamation, is when you make up stuff about people that will have a negative impact for them
it would only be defamation if your comments are false

 

[JohnnyBKK]

Just now, innosiem said:

how would it be defamation ?
if he is wrongfully withholding your deposit and not returning it to you ?

defamation, is when you make up stuff about people that will have a negative impact for them
it would only be defamation if your comments are false

 

Even if true you can be sued for loss of reputation as the matter had no reason to be public.

[JohnnyBKK]

1 minute ago, luckyluke said:

 

A lawyer who works for free!

I have money, when I say I have nothing to lose is I wont lose my freedom over this. I don't really care about losing some money if they also lose some and in the end they have to refund me anyway.

[luckyluke]

3 minutes ago, JohnnyBKK said:

I have money, when I say I have nothing to lose is I wont lose my freedom over this. I don't really care about losing some money if they also lose some and in the end they have to refund me anyway.

I suppose you can prove she had already the 5 properties when you signed the contract.

[JohnnyBKK]

3 minutes ago, luckyluke said:

I suppose you can prove she had already the 5 properties when you signed the contract.

I do

[Sundown]

From what I know 2 months deposit is not legal, when I needed to rent I made it clear since the beginning. They need to sell, you can always find another property, you set the conditions.

 

You gave 2 months deposit now there's nothing you can do, forget lawyers.

[luckyluke]

Apparently she has money, if she also has relations ( usually it goes together ) a good (expensive) lawyer, this could become a long-winded affair.