Does this law apply when you have 5 properties anywhere ?

[Don Mega]

25 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.

What freedoms do you stand to lose ?

[madmen]

So you lose a bundle on deposit and now gift a lawyer the same and when you win in Court the landlord will a still shrug his shoulders and say " no hab "

 

Sounds like a plan, go for it.

[JohnnyBKK]

1 minute ago, luckyluke said:

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

It's the husband's money that puts everything in her name actually, not her own money. Pretty sure she never paid a tax on all that free money she received from him neither. It's incredible how much risk people are willing to take for such small amounts of money. 

 

I'm myself a landlord and I always refund the deposits, once a tenant spoke really bad to me because the agent didn't tell me he had an issue in the unit and when I met him he was furious. After a few minutes explaining to him that I wasn't aware of any issue and that I would fix all the issues right away he quickly changed his attitude and he even recovered his whole deposit minus cleaning fee on his checkout (that guy insulted me for a whole 10 minutes I think). That's how a professional takes care of tenants.

[JohnnyBKK]

2 minutes ago, madmen said:

So you lose a bundle on deposit and now gift a lawyer the same and when you win in Court the landlord will a still shrug his shoulders and say " no hab "

 

Sounds like a plan, go for it.

That is ok, if nobody stands against those people they will feel free to do it again and again.

[luckyluke]

1 minute ago, JohnnyBKK said:

 they will feel free to do it again and again.

They do since ages, mostly with success here in Thailand, hence they continue to do it.

[FritsSikkink]

1 hour 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.

You or your lawyer can't open a criminal case, the police needs to do this.

[JohnnyBKK]

2 minutes ago, FritsSikkink said:

You or your lawyer can't open a criminal case, the police needs to do this.

That's helpful, thanks. So I just need to go to the police station with evidence that they have more than 5 properties for rent and that they charged more than 2 months deposit instead of one and that's it. 

[FritsSikkink]

1 hour ago, 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

 

1 hour ago, 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

 

Pretty stupid advise as he will go to jail for defamation. If you give somebody a bad name it will be defamation and be a criminal case.

[JohnnyBKK]

1 minute ago, FritsSikkink said:

 

Pretty stupid advise as he will go to jail for defamation. If you give somebody a bad name it will be defamation and be a criminal case.

It's possible that those giving such advise are the landlord's themselves trying to set me up, who knows. I've been long enough in Thailand to know to never name anyone, there is no way to identify this landlord from any of my posts and this will never change. I'm not here to public shame anyone, I'm here to collect ideas to get my money back legally without causing unnecessary trouble.

[ThaidDown]

Quote

Pretty sure she never paid a tax on all that free money she received from him neither.

I'm also sure she did not pay any tax since no tax would be due.

 

 

[JohnnyBKK]

6 minutes ago, ThaidDown said:

I'm also sure she did not pay any tax since no tax would be due.

 

 

Interesting, so I can send tons of money to Thailand, transfer it to my wife, she gets to buy tons of properties free of tax ? Very interesting if true. How do you declare that money in your annual taxes ?

[ThaidDown]

33 minutes ago, JohnnyBKK said:

Interesting, so I can send tons of money to Thailand, transfer it to my wife, she gets to buy tons of properties free of tax ? Very interesting if true. How do you declare that money in your annual taxes ?

You might be liable for tax on the money brought into Thailand dependant upon when it was earned and any 'double taxation' agreements between Thailand and the country the money was coming from.

There is no 'gift tax' , in Thailand,for monies transferred between spouses.

OK I'll modify that statement a little...in all the years I've been here I've never heard of such a tax.So something to ask your lawyer just to check.

However I have been known to be wrong before... I remember there was a time back in about 1976........

 

 

[jackdd]

2 hours ago, JohnnyBKK said:

Interesting, so I can send tons of money to Thailand, transfer it to my wife, she gets to buy tons of properties free of tax ? Very interesting if true. How do you declare that money in your annual taxes ?

In which country would a wife have to pay tax if she gets money from her husband? Never heard of this.

[JohnnyBKK]

Just now, jackdd said:

In which country would a wife have to pay tax if she gets money from her husband? Never heard of this.

In many countries depending on the amount there will be taxes on such gifts after a certain amount.

[HampiK]

3 hours ago, JohnnyBKK said:

Interesting, so I can send tons of money to Thailand, transfer it to my wife, she gets to buy tons of properties free of tax ? Very interesting if true. How do you declare that money in your annual taxes ?

you even could buy the condos yourself (not need to let your wife buy). and also not need to pay Tax (at least not in the past) this will change soon.

The only tax you pay if while you buy it on the land office and of course if you rent out then you have to pay tax because the rental income (if this is enough income for paying tax).

[onekoolguy]

20 hours ago, innosiem said:

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.
 

My last landlord said that I was due a deposit refund as I moved out. He said he didn't have the money now but would surely give it to me when he had it? It's been 3 years and he still doesn't have it to refund! Just expect this and don't pay more than one months deposit.

[luckyluke]

19 hours ago, JohnnyBKK said:

That's helpful, thanks. So I just need to go to the police station with evidence that they have more than 5 properties for rent and that they charged more than 2 months deposit instead of one and that's it. 

Like most of the time they may do something, if a certain amount of cash ( for them ) is involved.

Of course there is the possibility that the counter- party offer them a greater amount to do nothing.

[Sumarianson]

You never get justice as a farang from a Thai court unless you pay for the best lawyers in the country. I have lost several hundreds of thousands like that. Don't bother your head.

[chilly07]

1 mths rent as a deposit is chicken feed compared to the damage and lack of maintainance a tenant can do. Remember rents here are extremely low but the cost of repairing tenant damage is high. Eg cost of replacing kitchen 80k on property renting at 15k

Edited July 6, 2020 by chilly07

[hanuman2543]

21 hours ago, FritsSikkink said:

You or your lawyer can't open a criminal case, the police needs to do this.

Not true. From Siam-Legal:

 

The overwhelming number of criminal reports have resulted in delays in investigations and prosecution. As a solution to this, private citizens have been allowed to come to hire lawyers who will directly file the criminal case in courts, instead of taking the police reporting route. While this is a more expedient choice, the private party of course bears the consequence of bearing the costs of the private case filing

[SunsetT]

On 7/5/2020 at 1:52 AM, Peterw42 said:

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

 

This could well be right as I only just realised this year that that was the way my landlord for the last 4 winters was doing it. Rent was 5k and I always paid 15k moving in. 2 months rent and 5k deposit. Same system as the USA.

[FritsSikkink]

6 hours ago, hanuman2543 said:

Not true. From Siam-Legal:

 

The overwhelming number of criminal reports have resulted in delays in investigations and prosecution. As a solution to this, private citizens have been allowed to come to hire lawyers who will directly file the criminal case in courts, instead of taking the police reporting route. While this is a more expedient choice, the private party of course bears the consequence of bearing the costs of the private case filing

link please

[hanuman2543]

32 minutes ago, FritsSikkink said:

link please

https://www.siam-legal.com/litigation/thailand-criminal-cases.php

[FritsSikkink]

6 hours ago, hanuman2543 said:

https://www.siam-legal.com/litigation/thailand-criminal-cases.php

Thanks interesting, won't be cheap probably but likely quicker then the normal route.

Edited July 6, 2020 by FritsSikkink

[smutcakes]

On 7/5/2020 at 4:04 PM, JohnnyBKK said:

That's helpful, thanks. So I just need to go to the police station with evidence that they have more than 5 properties for rent and that they charged more than 2 months deposit instead of one and that's it. 

This may be a silly question, but how do you know she has more than 5 properties? Have you checked the title deeds of all the units?

Her being in charge or overseeing a number of units does not mean she owns them all. As someone else mentioned some may be in her name, some her husbands name, some her children's name, some multiple owners on the title deed, some company name etc etc

 

You may well be right, but christ your going to give yourself some headaches, cost and lack of sleep getting worked up about it. If she really is wealthy, and her husband to, i am sure they are not going to give two <deleted>s about some lawyer sending them a snotty letter. Sending them a threatening letter is unlikely to get them to suddenly repay the deposit and more than likely make them dig their heels in. Obviously the richer and more powerful they are the more unlikely they are to pay and the more and more likely they can make your life uncomfortable.