Rental deposits

[phka]

Hi just recently Thailand changed the law on how much deposit a landlord can charge their tenants. 

Does anyone know what a landlord can legally charge for a deposit now

[Matzzon]

If I remember right it´s only one month deposit and one month prepaid rent ongoing of course.

 

You will also have the right to brake a long term rental agreement 30 days after you have left the notice.

[worgeordie]

The new law,only applies to landlords with 5 properties or more,

So generally you will find landlords are looking for 2 months

security deposit and first month's rent ,

regards worgeordie

[phka]

Just that my wife charges 1 month in advance and 1 month deposit but when the tenant moves out they trash the place so much damage 

[worgeordie]

6 minutes ago, phka said:

Just that my wife charges 1 month in advance and 1 month deposit but when the tenant moves out they trash the place so much damage 

You need 2 months deposit ,it's a little incentive for the tenant

to take a bit better care of the house and furnishing,and also

in case they leave without paying electric,water etc.

Even 2 months deposit does not cover potential damages that

tenants can cause.

regards worgeordie 

[phka]

5 hours ago, worgeordie said:

You need 2 months deposit ,it's a little incentive for the tenant

to take a bit better care of the house and furnishing,and also

in case they leave without paying electric,water etc.

Even 2 months deposit does not cover potential damages that

tenants can cause.

regards worgeordie 

Is 2 months deposit still legal 

[phka]

Just now, phka said:

Is 2 months deposit still legal 

1 month rent in advance and 2 months rent as deposit

[ChaiyaTH]

Direct rental contract 1 month deposit and 1 month advance is normal. Due to agents taking a full month rent in fees on yearly contracts, they ask 2 months deposit, to let you pay the agent upfront basically. Very wrong practice IMO, I also thought this needed to stop by law but obviously continued..

 

All rentals I did with Thai owners directly, never asked me more than 1 month deposit and always returned it. Agents another story.

Edited August 24, 2020 by ChaiyaTH

[worgeordie]

39 minutes ago, phka said:

1 month rent in advance and 2 months rent as deposit

2 months security deposit (don't call it rent ) as they will not pay the last 2 months,

its a security deposit ,in case the tenant does damage to property or furnishings.

or leave without paying utilities. Yes, 1 months rent and 2 months security is legal ,unless you have 5 or more properties to rent.

regards worgeordie

 

[malt25]

Anything they want to charge.

[Henryford]

Does it matter? you will never get the deposit back anyway.

[tonray]

6 minutes ago, Henryford said:

Does it matter? you will never get the deposit back anyway.

I've always received all back minus cleaning fees that were stated upfront in the lease.

[Olmate]

6 minutes ago, Henryford said:

Does it matter? you will never get the deposit back anyway.

Perhaps your a poor tenant.Ive rented four times in six yrs,always mid range prices,Thai landlords,always deposit returned

[Matzzon]

18 hours ago, phka said:

Just that my wife charges 1 month in advance and 1 month deposit but when the tenant moves out they trash the place so much damage 

Are you trying to say that the general group of tenants usually leaves after they have trashed the place they rent?

Your wife must really and generally rent out to very strange people and families. I guess you have to teach her how to do regarding this.

 

If a tenant comes and wants to rent a place from her, the first thing she does is ask for the latest adress and landlord. A quick contact with that one will give the answer if someone can rent or not.

[statman78]

We have a couple of properties (less than 5) and charge 2 months security deposit plus the first month’s rent when signing the lease.  One time we kept some of the security deposits because of damage. A second time, at the request of the tenant who was moving out, we kept a portion of the security deposit to cover the final electric and water bills.  We usually return the security deposit on the day we inspect the place which is usually the day the person moves out or the day after.

 

i have also rented places in Thailand and have always received my deposit back very promptly.

[crutchy26]

I am 2 months shy of completing my 1 year lease. 24 000 security deposit is being threatened by the property owner. Apparently, she (the owner) wants me out by the end-of-the-month! This is via the agent at ReMax Kohn Kaen. The same agent I requested to do a post-house-inspection: re cleanliness & serviceability. None forthcoming. I suspect the agent is not being a biased advocate from one side of the lease agreement.

 

The owner refuses to answer my emails (with nice colour pics) of maint required. The house was advertised a 3 bed full furnished. I only have acess to 2 rooms. A room is kept locked with her property inside. She refused to negotiate on lessening the monthly lease price. items have been removed from the house: no longer fully furnished (functioning). Still failed negotiation on lease price!

I still have not received a written/signed eviction notice. I am paid-up until 8 Sept...... 

From my perspective the lease was invalid re rooms. The owner has not addressed any maint issues. 

 

So, now it is a waiting game. Any ideas who can provide advice of renters-rights in a situation, such as this? 

 

TYIA

 

[patrick228]

I charged 2 months security deposit + 1 month rental in advance. My condo in Bangkok was rented out for a while till last year when the tenant decided to move out, for personal reasons, in mid term. The agent was fair enough to uphold the lease and the landlord such that it was the tenant's fault to break the lease, and thus forfeiting the security deposit, without rental arrears . More importantly, the unit was returned back in good condition. Pick a good tenant from the start!

[wonder6281]

Our Tenant gave notice that they are moving out. Just over one year into a 3 year contract.

 

They is asking about the security deposit.

 

On reading the lease agreement it appears to me they have forfieted it.

 

Is this the norm?

 

 

[Jingthing]

3 minutes ago, wonder6281 said:

Our Tenant gave notice that they are moving out. Just over one year into a 3 year contract.

 

They is asking about the security deposit.

 

On reading the lease agreement it appears to me they have forfieted it.

 

Is this the norm?

 

 

Don't they actually still owe you the next two years rent? I assume they got a better deal by signing such a long contract, right?

[wonder6281]

1 minute ago, Jingthing said:

Don't they actually still owe you the next two years rent? I assume they got a better deal by signing such a long contract, right?

You are probably correct. Given his reason for breaking the lease we just accepted it. Asking for the security deposit took me by surprise.

[Jingthing]

1 minute ago, wonder6281 said:

You are probably correct. Given his reason for breaking the lease we just accepted it. Asking for the security deposit took me by surprise.

Cheeky <deleted>.

[wonder6281]

1 minute ago, Jingthing said:

Cheeky <deleted>.

yep.

[richard_smith237]

11 minutes ago, Jingthing said:

Cheeky <deleted>.

It’s normal that just the security deposit is forfeited if breaking a lease agreement. 
 

In the past I have negotiated a 3 year lease with sufficient discount such that if I forfeit ahead of time (I.e. after on year) the amount forfeited is less than the money saved in negotiating a longer term lease. 
That said, I’ve always met the full term.

 

My wife & I previously rented out a condo. 
2 months security deposit (30,000 baht x2), the occupants moved out with 50,000 baht debt on their bills !!!! (They’d never paid their electricity!). 

 

2 months security deposit is a must. 
 

A trusted escrow company is needed for security deposit. Too many reports of cheating landlords & poor tenants.

 

Personally, I’ve always had my deposit returned, in a couple of cases minus reasonable costs for minor damage (debt in fridge door, small 1cm tear in Sofa)s 

[wonder6281]

11 minutes ago, richard_smith237 said:

It’s normal that just the security deposit is forfeited if breaking a lease agreement. 
 

In the past I have negotiated a 3 year lease with sufficient discount such that if I forfeit ahead of time (I.e. after on year) the amount forfeited is less than the money saved in negotiating a longer term lease. 
That said, I’ve always met the full term.

 

My wife & I previously rented out a condo. 
2 months security deposit (30,000 baht x2), the occupants moved out with 50,000 baht debt on their bills !!!! (They’d never paid their electricity!). 

 

2 months security deposit is a must. 
 

A trusted escrow company is needed for security deposit. Too many reports of cheating landlords & poor tenants.

 

Personally, I’ve always had my deposit returned, in a couple of cases minus reasonable costs for minor damage (debt in fridge door, small 1cm tear in Sofa)s 

Thank you. The Lease agreement did include a discount for the term. I was just taken back that he asked given it is a clause within the Contract. Maybe he is just testing the water?

[patrick228]

 

On 2/5/2021 at 2:47 PM, wonder6281 said:

I was just taken back that he asked given it is a clause within the Contract. Maybe he is just testing the water?

Apparently yes, as you said you are kind enough to accept the reason given to waive the break clause for paying the remaining rental. There is no harm for the tenant to "try" and advance one more step to ask for the security deposit back.

[Gabe H Coud]

still confused on this

1. Understand point re 5 properties, but where?! what if Overseas owner eg China. Is it 5 properties in thailand? Less than 5 then you dont have 30 days notice( & deposit back)

2. I want to take a lease for 12 months but may want to go after 1 month but will give 30 days notice so they will get 2 months rent. Am i 'entitled' to my deposit back? ( idont know how may condos they have)

3. As i understand it all agreements leases in Thai state if you dont see out the term you lose your deposit. So as long as you only paid 1 months deposit by by defintion you can break the lease whenever you want, it will just cost you 1 months rent. So leave just before rent is due. Am i right?