What to expect from a rental agreement

[recom273]

If my wife signed a year contract to rent a house, is that a pretty solid agreement or can the house be sold from underneath us?

 

In July, of this year, we moved to a temporary rental while we get everything in order and start to build our own house. The moving experience was pretty costly, two trucks traveling 1700km, some things got damaged in the move, we are now settled. This house is perfect for our needs for the next year and a bit, our land is just around the corner from the rental. After we moved, I got a young lad to tidy up the rai of land. Everything was in a right state, but now its looking good, it wasn't an expensive job, he worked hard and took a couple of weeks. I don't want to repeat the whole process.

 

5 weeks later, my wife received a message from a local "agent" asking if it's OK to come and show a prospective buyer around the property.

 

The owner, is a local woman who took the house after paying the owners gambling debts, she asked the "agent" a year back, if she could find anyone to buy the property then she should do so. The house has been unoccupied for a year and rented before that.

 

Obviously, we told the "agent" to get lost, using covid and the fact we just moved in as reasons, and we have had no indication from the landlady that she would break the lease, but I'm just wondering - Should the prospective buyer really want to buy the property, have we got a leg to stand on?

[Etaoin Shrdlu]

Many rental agreements will contain clauses that state the landlord is entitled to inspect the property and to show it to prospective buyers provided that notice is given in advance to the tenant. I don't think it is wise to refuse a genuine request by the owner as long as you have verified that the agent is indeed acting on her behalf.

 

Normally there is nothing in a rental agreement that would prohibit the owner from selling the property while you are a tenant. The new owner would have to honor the lease agreement until its end, but after that there is likely no guarantee of your continued tenancy. 

 

 

[1FinickyOne]

properties do get sold w/tenants in and depending on the buyer's needs that may be preferable if they are looking at the property as an investment,,, 

[dj230]

From what I read on Siam legal when researching about renting, if the property is sold the lease is continued

 

Renting a Property in Thailand | Siam Legal International (siam-legal.com)

 

 

[recom273]

7 hours ago, Etaoin Shrdlu said:

Many rental agreements will contain clauses that state the landlord is entitled to inspect the property and to show it to prospective buyers provided that notice is given in advance to the tenant. I don't think it is wise to refuse a genuine request by the owner as long as you have verified that the agent is indeed acting on her behalf.

 

Normally there is nothing in a rental agreement that would prohibit the owner from selling the property while you are a tenant. The new owner would have to honor the lease agreement until its end, but after that there is likely no guarantee of your continued tenancy. 

 

 

Yes, I appreciate that if the owner approached us after vetting a serious proposal then we (I) would be more amenable. However this is an “agent” that might not even have a verbal agreement with the owner. Its not up to me to check. it’s not a request from the owner to open the house.
 

We have bought two pieces of land like this, someone takes a photo and puts it on Facebook, they suddenly become an “agent” - one of the agents got knocked for their commission by the land seller, this particular woman befriended my wife on arrival and then asked to borrow 10K THB the following week. Lol 
 

We have to consider, we have cases of Covid in neighboring villages and the poo Yai ban forbid all contact with that village, then we had a case in our village and this woman lives in within the area of the infection. Now this kind of thing doesn’t generally worry me, but I had to do 14 day self isolation when we moved on request of the village headman. So I don’t think it’s the best time to be viewing properties especially having been in this position before when out of contract - especially Thais are the biggest bunch of tyre kickers I have ever met.

[recom273]

@1FinickyOne @dj230

 

Thanks for the solid advice, I think this woman is looking for somewhere to move to, but it’s good to know we can’t be just moved out.

 

We had an month-to-month agreement (after the initial year) on a property we rented before and we were told to prepare to move within 2 months, so this recent request scared me.

I don’t envisage getting my place built within the year, so I need to buy some time, informing the buyer that she will

have to wait a year might be enough to get rid of the threat. 
 

Thanks again.

[wwest5829]

We are starting the 3rd year of our 3 year rental lease. Upon tell the owner that it was our hope to extend for another 3 years, he said that while the house is on th3 market, he doubts if there will be any buyers in today’s market and that if there is a buyer it will be made clear that we will have the lease, at the agreed monthly rent, for another three years.

[Almer]

small print

[khunPer]

On 8/11/2021 at 2:52 PM, recom273 said:

Should the prospective buyer really want to buy the property, have we got a leg to stand on?

What do your rent contract say?

 

A rent period under 3 years duration is not registered, only longer terms shall be registered in a land office.

 

The Law is HERE in English language.