Renewing a 1 year condo lease

[Gabe H Coud]

Has anyone got any experience of renewing a residential lease ?

 

(especially in a case where the Landlord doesnt really want to renew, can the tenant stay if they follow certain proceedures and pay a certain uplift in rent ???)

 

Did some googling but got nowhere

 

what are my basic rights, if any, to a renew a lease that i took almost 1 year ago

 

Do i need to go to a lawyer?

 

There is some mention of this in my lease, in that i have to give 10 days notice to renew......" at a rental fee set out below" but then there is no mention of the new rent, it is simply missing from the relevant section

 

So that would infer that i have the right to renew at a certain (unstated) rental figure

 

any tips welcome......thanks

 

 

 

 

 

 

 

 

 

[Airalee]

10 days notice to renew is probably so that your landlord can start looking for a new tenant if you choose not to renew.  I doubt that it obligates the landlord to renew the lease.

[scubascuba3]

Best to leave quietly, landlord does own the condo after all

[tonray]

Cannot force an owner to rent a condo that they don't want to rent. Once your contract is up...it's only a mutual agreement that can renew it. Put yourself in the owner's shoes...what if they needed a place to live due to personal circumstances ? Are you going to legally force them to rent ?

[gargamon]

What did you do to make the landlord not want to renew? Now you're looking for a way to force him/her to give you a new lease when he clearly doesn't want to. My advice, move and find another landlord. Correct whatever problems you have that annoyed tHe current landlord so the next one won't kick you out too.

[Gabe H Coud]

2 minutes ago, tonray said:

Cannot force an owner to rent a condo that they don't want to rent. Once your contract is up...it's only a mutual agreement that can renew it. Put yourself in the owner's shoes...what if they needed a place to live due to personal circumstances ? Are you going to legally force them to rent ?

No. However I'm curious as to how the system works here 

 

Like I say the lease semi provides for an auto renewal, it's just missing the new rental figure whilst alluding to it 

[tonray]

14 minutes ago, Gabe H Coud said:

No. However I'm curious as to how the system works here 

 

Like I say the lease semi provides for an auto renewal, it's just missing the new rental figure whilst alluding to it 

With alll the available places especially now....don't fret...get a better place at a better deal. Change is sometimes good....move on instead of trying to precipitate a toxic situation.

[Gabe H Coud]

5 minutes ago, gargamon said:

What did you do to make the landlord not want to renew? Now you're looking for a way to force him/her to give you a new lease when he clearly doesn't want to. My advice, move and find another landlord. Correct whatever problems you have that annoyed tHe current landlord so the next one won't kick you out too.

Absolutely nothing, I've been a model tenant and put up with a few issues which should have been dealt with a lot earlier and still have to be 

 

Landlord has inferred wants for own occupation. Frankly I don't believe her as I know the extent of property that she owns and current house. Makes no sense for her, and kids, to live here either size wise or location. 

 

I would have thought that she can request back at end of contract for own occupation. But would have thought she can't just say it and not mean it, it would have to be genuine??

 

Maybe she doesn't need any reason not to renew? 

 

I'll talk to a lawyer as sounds like you guys not got any direct experience

 

Thanks 

 

 

 

 

[Pravda]

1 hour ago, Gabe H Coud said:

Absolutely nothing, I've been a model tenant and put up with a few issues which should have been dealt with a lot earlier and still have to be 

 

Landlord has inferred wants for own occupation. Frankly I don't believe her as I know the extent of property that she owns and current house. Makes no sense for her, and kids, to live here either size wise or location. 

 

I would have thought that she can request back at end of contract for own occupation. But would have thought she can't just say it and not mean it, it would have to be genuine??

 

Maybe she doesn't need any reason not to renew? 

 

I'll talk to a lawyer as sounds like you guys not got any direct experience

 

Thanks 

 

 

 

 

 

 

In Canada I can't kick the tenant out even if the lease is over. 

 

I am forced to rent month to month, not raise rent and have to pay tenant one month rent in case I want the place back for my own use. Under no other circumstances I can kick the tenant out.

 

Oh, but you are in Thailand.

 

Tough luck. 

[kingofthemountain]

4 hours ago, Gabe H Coud said:

Absolutely nothing, I've been a model tenant and put up with a few issues which should have been dealt with a lot earlier and still have to be 

 

Landlord has inferred wants for own occupation. Frankly I don't believe her as I know the extent of property that she owns and current house. Makes no sense for her, and kids, to live here either size wise or location. 

 

I would have thought that she can request back at end of contract for own occupation. But would have thought she can't just say it and not mean it, it would have to be genuine??

 

Maybe she doesn't need any reason not to renew? 

 

I'll talk to a lawyer as sounds like you guys not got any direct experience

 

Thanks 

 

 

 

 

if nothing is writed in your lease agrement about it the landlord is not forced to renew the lease agrement at the expiration date. Plus she has already said to you she will not renew it.

 

You should spend your time to search another place, there are so many at the moment i am sure you should find a bargain with no any problem.

 

You can still ask to a lawyer, but honestly you are going to lose your time and your money, and at the end you will be in a difficult situation with more problems and less options

 

But hey as we say here in Thailand. up to you !

 

Good luck

Edited May 21, 2021 by kingofthemountain

[johnjac]

OP: "Has anyone got any experience of renewing a residential lease ?"

 

Sure, did it many times.. but only if they wanted me to stay 1 year more, it´s up to them, not up to you!

Forget where you came from, forget all the laws, rules, manners etc. - you are in SE Asia, where you don´t control anything, so get out of that lease, find another, no problem now, lots of places free..

 

 

[timendres]

6 hours ago, Gabe H Coud said:

Like I say the lease semi provides for an auto renewal, it's just missing the new rental figure whilst alluding to it 

 

No it does not provide for an "auto renewal". It states that you need to give notice if you intend to renew. That is your half of the potential renewal process. The other half is that of the landlord. You do not have the "right to renew". You have the "obligation to provide notice of intent to renew". If you do not provide that notice, the landlord will list the property for rent.

[gargamon]

6 hours ago, Gabe H Coud said:

Maybe she doesn't need any reason not to renew? 

 

That's right. She owns the property. Up to her, not up to you.

[soi3eddie]

TIT - You have virtually no rights. It is a "buyer's" market right now so time to upgrade to a better place for less rent. Why stay somewhere that you are not wanted when you can move and save? I know people who renogiciated their rent down by 25% to stay in the same place. No or very little uplift in rents any time this decade.  I know moving can be a P.I.T.A but find a decent and motivated landlord and get on with life. Best of.

 

Edited May 21, 2021 by soi3eddie

[smutcakes]

On 5/22/2021 at 5:28 AM, soi3eddie said:

TIT - You have virtually no rights. It is a "buyer's" market right now so time to upgrade to a better place for less rent. Why stay somewhere that you are not wanted when you can move and save? I know people who renogiciated their rent down by 25% to stay in the same place. No or very little uplift in rents any time this decade.  I know moving can be a P.I.T.A but find a decent and motivated landlord and get on with life. Best of.

 

 

You make it sound as if the landlord is not decent? The landlord has a property, the poster signed a lease with a set expiry date. The landlord does not want to renew said lease, so the poster should move out- not sure what makes this not a decent landlord.

[HandsomeTallFarang]

On 5/21/2021 at 9:27 PM, Pravda said:

 

 

In Canada I can't kick the tenant out even if the lease is over. 

 

I am forced to rent month to month, not raise rent and have to pay tenant one month rent in case I want the place back for my own use. Under no other circumstances I can kick the tenant out.

 

Oh, but you are in Thailand.

 

Tough luck. 

Hahaha it’s so true. It’s funny how guys on here think common first world courtesies and common sense, renter’s rights apply to what is essentially a third world country, especially if you are a foreigner. Foreigners make up a huge percent of the economy here and account for some of the lowest crime statistics, yet they are treated like dirt because of ingrained xenophobia and “THAILAND #1” mentalities.

 

Living here is Bittersweet ???? If I took on a contract back home and was rejected without good reason, I would have all kinds of rights and the owner would be punished. Just remember, the United States, and Canada, is not Thailand. They don’t give a hot-turd about you.

[smutcakes]

28 minutes ago, HandsomeTallFarang said:

Hahaha it’s so true. It’s funny how guys on here think common first world courtesies and common sense, renter’s rights apply to what is essentially a third world country, especially if you are a foreigner. Foreigners make up a huge percent of the economy here and account for some of the lowest crime statistics, yet they are treated like dirt because of ingrained xenophobia and “THAILAND #1” mentalities.

 

Living here is Bittersweet ???? If I took on a contract back home and was rejected without good reason, I would have all kinds of rights and the owner would be punished. Just remember, the United States, and Canada, is not Thailand. They don’t give a hot-turd about you.

 

I prefer the law here- renters rights in some countries are crazy. Its entirely fair- landlord rents property out, someone leases. At expiry both can choose to renew or not. 100% fair. Why should the landlord not get his property back if he wants it? Why did the tenant not sign a 2-3 year lease? Because he wants flexibility, does not want to commit long term etc. You cannot have it both ways.

[soi3eddie]

3 hours ago, smutcakes said:

 

You make it sound as if the landlord is not decent? The landlord has a property, the poster signed a lease with a set expiry date. The landlord does not want to renew said lease, so the poster should move out- not sure what makes this not a decent landlord.

 

I didn't mean to imply that the current landlord is not decent but to find another decent landlord and property. Of course, the current landlord is in no way obligated to renew. I have been a landord on several properties in London over 15 years and would always seek to retain tenants (unless I would have needed to sell or use the property for my family).  

 

[gargamon]

On 5/21/2021 at 8:27 AM, Pravda said:

In Canada I can't kick the tenant out even if the lease is over. 

 

I am forced to rent month to month, not raise rent and have to pay tenant one month rent in case I want the place back for my own use. Under no other circumstances I can kick the tenant out.

I believe those are temporary covid-19 rules. I happen to own rental property in Canada and I raise rents regularly, except now you cannot. I also occasionally refuse to renew the lease. I have never paid a tenant a month's rent when I refuse to renew their lease.

 

What city/province has the rules you believe exist?

[mikebike]

24 minutes ago, gargamon said:

What city/province has the rules you believe exist?

Ontario.

[Pravda]

1 hour ago, gargamon said:

I believe those are temporary covid-19 rules. I happen to own rental property in Canada and I raise rents regularly, except now you cannot. I also occasionally refuse to renew the lease. I have never paid a tenant a month's rent when I refuse to renew their lease.

 

What city/province has the rules you believe exist?

 

I don't believe they exist, I know for a fact. The province is Ontario and all I wrote is accurate except the rental increases. I can increase the rent once a year but only between 1-2% annually. 

[gargamon]

44 minutes ago, Pravda said:

 

I don't believe they exist, I know for a fact. The province is Ontario and all I wrote is accurate except the rental increases. I can increase the rent once a year but only between 1-2% annually. 

So the rules are only Ontario, and possibly only Toronto. Clearly a local/provincial rule. The initial complainer said it was a Canadian rule, which it is clearly not. My properties, thankfully, are not in Ontario/Toronto and I have no restrictions on increasing the rent, not renewing leases, etc. 

 

Bad luck for you to own in Ontario.

 

I guess if your properties were in rent controlled New York City, you'd be complaining that the US has all the same restrictions you accused Canada of having.

Edited May 23, 2021 by gargamon

[Pravda]

50 minutes ago, gargamon said:

So the rules are only Ontario, and possibly only Toronto. Clearly a local/provincial rule. The initial complainer said it was a Canadian rule, which it is clearly not. My properties, thankfully, are not in Ontario/Toronto and I have no restrictions on increasing the rent, not renewing leases, etc. 

 

Bad luck for you to own in Ontario.

 

I guess if your properties were in rent controlled New York City, you'd be complaining that the US has all the same restrictions you accused Canada of having.

 

Yes, because last time I opened the encyclopedia New York was part of US and Toronto is part of Canada. Both cities being business and financial capitals.

[mikebike]

11 hours ago, gargamon said:

So the rules are only Ontario, and possibly only Toronto. Clearly a local/provincial rule. The initial complainer said it was a Canadian rule, which it is clearly not. My properties, thankfully, are not in Ontario/Toronto and I have no restrictions on increasing the rent, not renewing leases, etc. 

 

Bad luck for you to own in Ontario.

 

I guess if your properties were in rent controlled New York City, you'd be complaining that the US has all the same restrictions you accused Canada of having.

No. Not only Toronto. ALL of Ontario, as two of us have already told you. If you are unfamiliar with landlord-tenant laws in other provinces it is probably best not to comment.

 

Very good luck for me that I own in Ontario, my 1200 sq ft units go for $2,000/month - my 1600 sq footers go for $2,500... and have doubled value every 10 or so years.

 

As for "accusing" anyone of anything, you will find the majority of the Canadian population lives in provinces with similar rules.