Owner wants to break lease contract

[RedRed999]

Hi

 

I just recently relocated from Bangkok to Phuket with my thai wife and our young child. It took a while but we finally found a nice house here and signed a contract for 18 months. We gave up our lease in Bangkok took our kid out of kindergarden and hired a moving company to move all our furniture into the house. Never fun doing a big move but happy when it was all done.

 

We signed the contract with a big rental management company. The owner of the house is a foreigner and works abroad so they manage the house for him. Before we moved in they rented it out on airbnb.

 

To my surprise I this morning woke up with a text from the rental management company telling me that the owner of the house needed to come back to Phuket and wanted to break the contract and we needed to be out in 3 weeks and would not have to pay for the last 2 weeks. 

 

We have not even lived in the house for 2 months yet. And nowhere in the contract is there a cancelation clause where its says the owner can give us 90 days notice to move out or anything of that nature.

 

I have polity but firmly let the rentals management company know that we wont accept this and intend to stay. Tomorrow will will contact the board of consumer protection and have a lawyer look thru our contract just to make sure we are in our full right to stay in the house.

 

 My hope is I can solve this issue directly with the management company. But I did get a little bit annoyed that they thought it was perfectly ok just to send me a text message giving me 3 weeks notice, which is absolutely nothing when we most likely have the right to stay the full period of 18months anyways.

 

I obviously dont want to be in a position where all of a sudden I have an angry owner knocking on my door. I dont expect it to get that far since there is a rental company in between. On the other hand I dont want to just accept that I have to move my family out of the house in such a small amount of time and I have no interest in spending my time looking for a new place and do the whole process again.

 

Had it said in the contract the owner at any given time could ask us to leave with 3 weeks notice, we never would have signed the contract. Its a rather expensive and beautiful house that I no doubt got a great deal on.

 

Any advice on how to handle it from here on?

 

Thx

[smutcakes]

Difficult situation really. You probably are within your rights to stay as you have a lease agreement (provided there is no break clause or provision for returning owner), but then again do you really need the hassle of lawyers, courts etc and the stress that will bring. If the owner is completely irrational then he can still make your life a nightmare. If the owner actually works abroad presumably he has a professional position so could be negotiated with, although again only if he is sane.

 

Personally i would unhappily seek a compromise, something like, yes i will move but need a bit more time 2-3 months. In that time reduced rental, can take deposit to put on new property etc

 

Not a great situation, but i always try to think with my head rather than heart. Long term its probably best all around for you to move for your wallet, your mental health and peace of mind. Who needs enemies. Be the bigger man and just accept the situation and move on.

[Delight]

 Suggest that you make him a  fair  offer.

You stay there for 3 months - rent  free -just pay the utility bills.

He will have to live in a hotel.

[Destiny1990]

There are uncountable houses for rent. You already gotten a free stay so ask him for a moving out compensation and move on.

[ThailandRyan]

10 minutes ago, Destiny1990 said:

There are uncountable houses for rent. You already gotten a free stay so ask him for a moving out compensation and move on.

+1 what Destiny says. The management company may also be able to help find a similar type property, but then do your own due dilligence.

[nickmondo]

find another place.

do not leave until you find another place.

remove expensive items and retain them until he gives you the deposit.

I dont care if other people comment on this and say you cannot do that...........do it anyway.

because i guarantee you, getting your deposit back will be a nightmare, and very unlikely.

the management company will want their cut.

[1FinickyOne]

a cheap rental.. text from management co.. 

 

I would ask to speak with the owner in person. 

 

my overly suspicious nature wonders if the owner even knows there is a renter

 

go in person to the mgt co and see if they get uncomfortable.. 

[stuandjulie]

3 minutes ago, 1FinickyOne said:

a cheap rental.. text from management co.. 

 

I would ask to speak with the owner in person. 

 

my overly suspicious nature wonders if the owner even knows there is a renter

 

go in person to the mgt co and see if they get uncomfortable.. 

Happened to a friend of mine who had a villa, he kept getting told it hadn't rented and then he came to Thailand unannounced to find the agent had moved in ????

[chilly07]

Sounds like the agent forget to check with the owner before completing the agreement. Or he has got a better rent offer. To get you out will take at least 3 mths thro the courts and he won't want to pay for that. Look for another house at your leisure and make him pay the deposit as well as returning yours and all removal and service connection charges. Yes he can stay in a hotel until you choose to move or pay your hotel costs for 2-3 mths. Be firm. You have a contract and he will have to pay to break it but only if you agree.

[wombat]

31 minutes ago, 1FinickyOne said:

my overly suspicious nature wonders if the owner even knows there is a renter

 

 

thats probably the one

[sead]

Think you should suggest to them that they need to find  another condo and pay for all costs, including some bonus them breaking the contract. But whatever you agree on you need it written down.... 

[xtrnuno41]

Well first indeed let consumer protection (lawyer) check your contract, then you know for sure. 

If they agree with you, then you could make a counter offer with them to pay for the breakage of the contract, removal costs, personal damage costs and the costs for lawyer.and/or provide a new house for you.

Officially by lawyer of course, maybe he can with first contact with company, convince them they are wrong and otherwise you have to go to court. 

In the mean time it is wise to search for a new house to live, not with that company.

Well you have too, as the contract is only 18 months and will not be renewed again for sure.

OK you dont know what owner will do, but thats why you have to act fast, so he also knows by rental management.

If owner wants to be in Phuket then he has to go to hotel. his house is by contract blocked.

Succes and dont get stressed out. I know, this is not a fun thing.

[wwest5829]

On 3/24/2021 at 5:08 PM, Delight said:

 Suggest that you make him a  fair  offer.

You stay there for 3 months - rent  free -just pay the utility bills.

He will have to live in a hotel.

And moving expenses to new house due to his breaking the lease ...

[Sterling]

Cash for keys. They want the unit vacated? They can pay for a month or two of hotel, a reasonable amount for per-diem plus all of your moving expenses.

[khunPer]

This might be of interest for you...

Quote

Section 537. A hire of property is a contract whereby a person, called the letter, agrees to let another person, called the hirer, have the use or benefit of a property for a limited period of time and the hirer agrees to pay rent therefore.

[ ... ]

Section 566. If no period is agreed upon or presumed, either party may terminate the contract of hire at the end of each period for the payment of rent, provided that notice of at least one rent period is given, but no more than two months notice need be given.

The full text "Thai Law Translation Civil and Commercial Code 'rent of property'" is HERE.

[inThailand]

The owner is a Thai visa <deleted>? 

[ujayujay]

I never would move out. At First:  Stay in the House  and report to the Management, that you not agree! I think, this Story smells and the Owner even not know, the Property is rented out! So you have a good basic to make a Deal: Stay for free 3 Months, cash back the Deposit and pay for all expenses. If they not agree, involve a Lawyer on cost of the Property Company!

[DefaultName]

18 minutes ago, ujayujay said:

I never would move out. At First:  Stay in the House  and report to the Management, that you not agree! I think, this Story smells and the Owner even not know, the Property is rented out! So you have a good basic to make a Deal: Stay for free 3 Months, cash back the Deposit and pay for all expenses. If they not agree, involve a Lawyer on cost of the Property Company!

Trouble is; if they don't move out, they could go shopping one day and come back to everything they own on the street, the locks changed, and several large Thai's lounging around. 

 

OK, the law may well be on the renter's side, but TIT and that won't be much comfort if the other party resorts to tactics like this - they've already proved untrustworthy.  I would find somewhere else.  If needed ask for more time, but get out ASAP.

[brianthainess]

15 hours ago, wombat said:

16 hours ago, 1FinickyOne said:

my overly suspicious nature wonders if the owner even knows there is a renter

 

 

thats probably the one

And or agent got her fee and now wants to get her fee again from the next poor soul.

[brianthainess]

This is why i paid for land and house never to have this problem again, owners will always want their property back at some stage, happened to me after 3yrs, everything in the house mine, dogs and cats etc. Could not find anywhere in the area where we are happy.

[soi3eddie]

On 3/24/2021 at 5:16 AM, smutcakes said:

Not a great situation, but i always try to think with my head rather than heart. Long term its probably best all around for you to move for your wallet, your mental health and peace of mind. Who needs enemies. Be the bigger man and just accept the situation and move on.

 

My thoughts exactly. I would be very careful on any future rental to have cancellation terms clearly shown in the contract regarding possibility of early termination, time scales and financial compensation.

 

[smiggley]

This happened to me a couple of years back, I contacted my lawyer who in turn contacted the owner. To cut a long story short the owner paid me a very nice sum of money to move. I was happy with very little hassle. So if you have a lease discus with your lawyer and let him sort it out. It cost me 30000B for the lawyer.

[ThailandFoodExpert]

Don't you know ? champions keep telling us" RENT DON'T BUY !!!

Then this is what can happen ! so they must be right !

 

55555555555555555555555...

 

 

[Travel Dude]

On 3/29/2021 at 8:57 AM, brianthainess said:

This is why i paid for land and house never to have this problem again, owners will always want their property back at some stage, happened to me after 3yrs, everything in the house mine, dogs and cats etc. Could not find anywhere in the area where we are happy.

I would be very careful to buy a house. What if they suddenly open a karaoke next door or the dogs of the neigbor bark all night. With a rent you can move out, with a buy you are stuck. This is Thailand so not much you can do when it goes wrong...