Owner of condo asking for ~4 months of rent in damages after 1.3 years of renting - condo is in mint condition - looking for help

[Jingthing]

Realistically we can't judge which side of this has the better case without seeing before and after pictures.

It's possible or even probable that they both have cases, which is kind of why I suggested trying a compromise offer.

Of course explicit damage isn't the same thing as normal wear and tear.

In any case, it could be worse.

I have no way of confirming this but my research says that when renting in Colombia tenants are expected to restore places to their original condition. In other word, they're expected to fix any damage themselves and even PAINT the place! That sounds like a nightmare. Why would landlords trust tenants to get competent contractors for this? I also heard if you don't do that and perhaps just say, look I'll give you the money to do it, then that could lead to a damning reference. In my view, one of the great advantages of renting is NOT worrying about that kind of owner stuff. Oh well. 

 

[newnative]

     Question.  According to your post, you are moving out early because the landlord wants you to--so why are you losing one of your two months deposit?  That isn't making sense--it only makes sense if you are the one who wants to leave early and break the contract.   So, you should be starting with 2 months of rent being returned to you, barring any damages.   Since you have not posted photos, I suspect the damage may be more than minor.

    Hiring a lawyer might end up costing more than 4 months rent and there's no guarantee you would win so I would can that idea.  My suggestion would be to negotiate with the landlord and offer to give her your 2 months deposit, which was due back to you, and offer to give her 2 months additional rent towards the damages.  If she says no, tell her to take it or leave it. 

[atpeace]

3 minutes ago, BestB said:

There are different scratches to be called wear and tear . I can drag a fridge across wooden floor leaving scratches , this most certainly would not be wear and tear when scratches are deep enough to go through a few layers of ( can not recall what is called )

A counter top scratch is not normal IMO. A scratch on a cutting board is definitely normal.  If a person scratched a countertop in a home they own, they see it as a stupid mistake and live with it or fix it.  We all make mistakes and owning up to them is the issue.  Why not fix it if it a minor issue?  In most cases a countertop minor scratch would take hours of a tenants personal time to resolve and the the costs of actually having it fixed.  No bueno!

[bbabythai]

walk. stop being a pussy

[snowy]

Hi Somtime,

This is a civil matter, tell the owner that you do not agree with his/her findings and if they wish to pursue then they must take you to court.

By doing so they will be the ones that will incur the legal costs.

If you feel that they have no case then i would stand firm and let them do the running.

If you are threatened in anyway, then go to the police and file a report.

Good luck.

[Falcon]

18 hours ago, 2long said:

You're leaving early, and you admit there's wear and tear, but you won't attach pictures.

Before and after pictures would be necessary.

 

Someone once ran into the back of my car, and HE said it's only a little scratch. I said that there was no damage to the bumper before you ran into me. It's a bit like that, isn't it?

 

In any case, you will not win, and the more you rile up a local (who obviously has money) the worse things will become. Smile, be courteous and get away as quickly and cheaply as you can, but be nice even if you don't mean it.

What rubbish!!! This is the reason that people like this get away with everything that they do, because if people like you who want to bow down to them and be scared simply because they are “local”. If you were in your own country, would you accept being ripped off or would you fight it? The more these people are allowed to win, simply because they are “local”, the more they will feel like they have the power to do anything they like and to treat foreigners like fools.

 

Easiest way with this situation is to get the consumer affairs involved. That’s what they are there for and they actually do a good job, regardless of race or whether “local” or foreigner. They will assess the situation, take a look at the place and asses the damage, if any and then make an assessment of the cost. No need to go to see anyone other than these people, and, in Bangkok, they are easy to find and very easy to talk to.

You dont need to make it a problem for yourself, just have the beige and after photo’s ready (hopefully you took photos when you moved in showing the condition of the place and photos when you moved out).

 

Best of luck in sorting it out easily and don’t listen to people telling you that you should be bowing down to “local” people.

[Charlie Halliday]

Walk away. It'll be 5 years before the case even gets to court. It's like a game of tennis in thailand. They've already taken one months deposit off you. So the settlement has already been paid. Don't respond to any legal letters and change your contacts details. There's no game of tennis  if you don't return serve. 

[dennnis]

I have problems with owner and agency too. I want to terminate the lease agreement because feaces are floating in drainage. This is happening near daily. Every time I drive over the drainage with motorcycle I get sprinkled with filthy water. But according to agency and the owner this is normal and they say that nobody else is bothered with this. I also have child and I am scared to let her out, so she does not go play around there. I am sure if this was in Europe some inspection agency would be on its way already. I think  It would not be such a big fuss if they would not advertise this condominium as 5 five stars, luxury, hi-so,.... I am start thinking that maybe all this hi-so people here have some fetish on <deleted> or maybe they are right and I am not normal?

[fredscats]

Consumer affairs dept at your local town hall

[Autonuaq]

I hope that you have before and after pictures of the place you rented.

the (2 month) deposit is taken for coverage of the costs when you walk away or not pay the rent.

if the contract is ended by mutual agreement then that is the date the contract was ended, do hope you got this agreement in written.

 

I do hope you did sent written overviews to the landlord about problems, repairs needed and defects. 

regarding the repairs. you can choose the way to repair and how to repair as long as all comes back in the 'normal' state based on the age maintenance and the normal wear and tear.

 

you do need to have had a chance to repair, and also a second chance to repair.  when repairs are not to the satisfaction of the landlord then the landlords needs to go to a court or arbiter to have the case solved.

the court can order you to repair and if still not doen correctly the court can by court order appoint a company to do the repair and this you have to pay,

 

you can lean back and wait, if nothing happened in two years (check the period). 

 

The landlord is probably in financial problems and needs money.

deposits as far as I have seen are often not paid back so be wise and keep rental payment in your pocket that cover the deposit.  and when there are issues use this for yourself to pay the actual repairs.

 

[2long]

1 hour ago, Falcon said:

What rubbish!!! This is the reason that people like this get away with everything that they do, because if people like you who want to bow down to them and be scared simply because they are “local”. If you were in your own country, would you accept being ripped off or would you fight it? The more these people are allowed to win, simply because they are “local”, the more they will feel like they have the power to do anything they like and to treat foreigners like fools.

 

Easiest way with this situation is to get the consumer affairs involved. That’s what they are there for and they actually do a good job, regardless of race or whether “local” or foreigner. They will assess the situation, take a look at the place and asses the damage, if any and then make an assessment of the cost. No need to go to see anyone other than these people, and, in Bangkok, they are easy to find and very easy to talk to.

You dont need to make it a problem for yourself, just have the beige and after photo’s ready (hopefully you took photos when you moved in showing the condition of the place and photos when you moved out).

 

Best of luck in sorting it out easily and don’t listen to people telling you that you should be bowing down to “local” people.

Do you want to go and have a lie down, to calm down? Jeez! ????????????????????????

'Consumer affairs'! That's a new one! ????????????

The OP has chosen not to attach pictures of before OR after, but did say that the condo was 'mint' as well as mentioning wear and tear which he doesn't deny.

 

Personally, looking at things more, I wouldn't be surprised if this whole thread wasn't a bit of trolling, probably through attention-seeking lockdown boredom. He wouldn't be the first.

The OP claims to have been a member for 8 years, but my screenshot says otherwise.

I request the mods to close the thread and maybe look into the OP's ip address for other sign ins.

 

[steven100]

consumer affairs at your local town hall ....             I spat my beer all over the keyboard    !!!     lol

 

 

[Nip]

The rule of thumb would be chalk it up as experience. You don't want to run away because the Landlord will no doubt have a friend who is a lawyer and if he or she is of a disposition to force the issue you could have legal problems and that will cost you even more because you will loose in court and have to pay up or worse still you could in your absence be sued without your knowledge and perhaps an arrest warrant issued. How petty they can get? I rented a condo in BKK @ 30K per month and after I left the owner rang me and accused me of switching the batteries in the TV remote. You wont make the same mistake again. 

[steven100]

41 minutes ago, Nip said:

The rule of thumb would be chalk it up as experience. You don't want to run away because the Landlord will no doubt have a friend who is a lawyer and if he or she is of a disposition to force the issue you could have legal problems and that will cost you even more because you will loose in court and have to pay up or worse still you could in your absence be sued without your knowledge and perhaps an arrest warrant issued. How petty they can get? I rented a condo in BKK @ 30K per month and after I left the owner rang me and accused me of switching the batteries in the TV remote. You wont make the same mistake again. 

nonsense ... the landlord is not going to get her lawyer friend because the lawyer friend certainly won't be interested in that c_rap and neither will the police friend or the immigration friend.   The lady will just suck it up as she didn't get the suckers 35k ....

 

 

[Ralf001]

[steven100]

1 hour ago, Nip said:

The rule of thumb would be chalk it up as experience. You don't want to run away because the Landlord will no doubt have a friend who is a lawyer and if he or she is of a disposition to force the issue you could have legal problems and that will cost you even more because you will loose in court and have to pay up or worse still you could in your absence be sued without your knowledge and perhaps an arrest warrant issued. How petty they can get? I rented a condo in BKK @ 30K per month and after I left the owner rang me and accused me of switching the batteries in the TV remote. You wont make the same mistake again. 

did you happen to work for Visa card or Amex before by any chance   ..... lol

 

 

 

[OneMoreFarang]

What's the legal situation here?

I guess the landlord can keep the deposit. But if the landlord wants more money then I guess he is the one who must demand it in a lawsuit. That means first he has to pay money for a lawyer to try get money from the tenant. 

I think the question which the landlord will ask himself is: Will I get more money out of the tenant with a lawsuit? And am I willing to pay a lawyer to possibly get more money?

 

If the landlord thinks he will likely win that lawsuit and be able to collect money from the tenant (maybe in x years) then he will maybe try this. But how realistic is it that he will even try?

 

As far as I know showing up with a policeman is something some people do, but it's just a stunt, because this is a civil case and not a criminal case.

 

That's my guess about the legal situation. It's just a guess, maybe someone else can comment about the real legal situation. 

[monty1412]

sorry haven't read all the comments but is your landlord a faring and is his name Rob ??

[JWRC]

I am very wary of people who say they left the premises in "mint condition", I rent out 3 homes and I have yet to see any of them cleaned properly or left without damage, I'm not talking wear and tear which is expected. Interesting that you don't want to show pictures or go into detail.

[steven100]

12 minutes ago, monty1412 said:

sorry haven't read all the comments but is your landlord a faring and is his name Rob ??

Rob Allican .... 

[steven100]

8 minutes ago, JWRC said:

I am very wary of people who say they left the premises in "mint condition", I rent out 3 homes and I have yet to see any of them cleaned properly or left without damage, I'm not talking wear and tear which is expected. Interesting that you don't want to show pictures or go into detail.

agree ... OP seems to have vanished   !    guess he's made up his mind already and is in Nakon Nowhere ...

[In Full Agreement]

On 8/3/2021 at 8:14 PM, Golden Triangle said:

The trouble is that his landlady can just pay a small sum to an immigration officer to find out his new address, TM30 ???? unless of course he is leaving  the country, which means a police summons or raid on his new gaff.

 

Do you have experience in this area?

[2long]

Trust me. guys... this thread is all bs.

The OP won't post pictures, and claims to have been on TV for 8 years. even if not as a posting member he will know the score firstly regarding how things work in Thailand and mainly what kind of response to expect on here. 

It's a troll thread from someone who's bored from lockdown and seeking attention.

I'm happy to be proven wrong... but proof comes in the pictures at the very least! Note how the OP has gone quiet!

[Jingthing]

18 minutes ago, 2long said:

Trust me. guys... this thread is all bs.

The OP won't post pictures, and claims to have been on TV for 8 years. even if not as a posting member he will know the score firstly regarding how things work in Thailand and mainly what kind of response to expect on here. 

It's a troll thread from someone who's bored from lockdown and seeking attention.

I'm happy to be proven wrong... but proof comes in the pictures at the very least! Note how the OP has gone quiet!

I don’t trust you.

[2long]

15 minutes ago, Jingthing said:

I don’t trust you.

Your 108,765th post.
Not surprised really. ????

[Jingthing]

15 minutes ago, 2long said:

Your 108,765th post.
Not surprised really. ????

You seem obsessed with the posters instead of the topics. Bye.

[Golden Triangle]

3 hours ago, In Full Agreement said:

 

Do you have experience in this area?

No Mr clever clogs I don't, however it doesn't take too much brain power to work out that a Thai landlord can have a cop or two or immigration official on a small monthly retainer, thanks for your very insignificant input.

[madmen]

On 8/3/2021 at 7:27 PM, big dendrobenaes said:

go see a very good ENGLISH speking lawyer......

And get ripped off twice? 

[driver52]

OP tip for you for next time, 50/50 linseed oil, white spirit mixture

rub it on the 'scratches' before you leave, you'd be amazed how it makes em go away, even quite bad ones and it brings up the wood lovely too! ???? 

[soi3eddie]

10 hours ago, Falcon said:

Easiest way with this situation is to get the consumer affairs involved. That’s what they are there for and they actually do a good job, regardless of race or whether “local” or foreigner.

In the same way that landlords are not legally allowed to charge higher than government rates for water and electricity? Same with Thais (overwhelming majority of renters in Thailand) and foreigners. Good luck with that with "consumer affairs".