JTXR Posted November 2, 2021 Share Posted November 2, 2021 Depends on what the actual contract says. Many lease contracts say that either party can end the lease at any time as long as they give two months notice. If that's the case with your contract, you don't have much choice, legally. If your description of the landlord is correct, though, I'd expect he may try to cheat you out of any security deposit you paid. If it were me, I'd consider not paying the final two months rent and tell the landlord to just keep the security deposit in lieu of that rent. 2 Link to comment Share on other sites More sharing options...
FritsSikkink Posted November 2, 2021 Share Posted November 2, 2021 1 hour ago, steven100 said: why ? it's pointless giving yourself grief & stress over something that you likely won't win. You are stupid and you can't spell correctly either !! Then don't give yourself grief and stress and keep living where you are and let the agent and owner be stressed. Link to comment Share on other sites More sharing options...
sjd123 Posted November 2, 2021 Share Posted November 2, 2021 Tell the agent you are going nowhere without a full refund of deposit plus at least 2 months rent as compensation Contrary to what people will tell you on forums like this you are actually quite well protected by law. Link to comment Share on other sites More sharing options...
ifmu Posted November 2, 2021 Share Posted November 2, 2021 (edited) 21 hours ago, VocalNeal said: Agreed to leave on the basis that you will get your deposit back in full. If not stay, using the deposit as rent until it is exhausted. Take you complaint to The Office of the Consumer Protection Board. Sometimes even the mention of them... https://www.ocpb.go.th/ewtadmin/ewt/ocpb_en/main.php?filename=index Likely he's pulled this $h1t before I think this is good advice and you should do it .. explain to property managers what you are doing first be nice just honest then go do it ... i dont know if their are any other orgs in thai but check it out and ask questions as you go you can always stop at any time ... luck edit any thai org will speak to thai property managers .. that should scare them enough .. ALSO document everything email works best Edited November 2, 2021 by ifmu add comments Link to comment Share on other sites More sharing options...
BostonRob2 Posted November 2, 2021 Share Posted November 2, 2021 Plant pair and water daily. They may even grow. Link to comment Share on other sites More sharing options...
mattyc1957 Posted November 2, 2021 Share Posted November 2, 2021 Easy, stop paying rent now, stay the next 2 months then move elsewhere. Your deposit will be gone, but by the sound of your landlord you may not have got it back anyway. 1 Link to comment Share on other sites More sharing options...
hioctane Posted November 2, 2021 Share Posted November 2, 2021 22 hours ago, Zikomat said: Leave in 2 months. But don't pay for the electricity and water that you will use during these 2 months. (Not applicable if there is a deposit involved). I believe if you don’t pay, your water and electricity can get shut off immediately. Link to comment Share on other sites More sharing options...
VocalNeal Posted November 2, 2021 Share Posted November 2, 2021 (edited) 1 hour ago, ifmu said: explain to property managers what you are doing first I think once the OP mentions OCPB (Office of Consumer Protection Board) the whole problem will go away. Edited November 2, 2021 by VocalNeal Link to comment Share on other sites More sharing options...
soi3eddie Posted November 2, 2021 Share Posted November 2, 2021 22 hours ago, RichardColeman said: The amount of money he will lose in an empty property waiting for a new tenant - if he does not have one - will far exceed the money he thinks he can get from breaking his contract. I used this idea successfully on the UK flat I rent over 5 years ago. Never had a rent increase since. Just one month empty will exceed any likely increase in rent the landlord might get. Link to comment Share on other sites More sharing options...
cocoonclub Posted November 2, 2021 Share Posted November 2, 2021 4 hours ago, kg1947 said: very wise answer , leave your " Western Common sense " and find another LandLord , get a good lawyer to write up a new lease/rent contract . NOT worth the cost of fighting this . Your water / electricity / wifi , etc. might be cut-off ...... then what ?? “Western common sense”? The Thais I know would never accept this, so it doesn’t seem to be “Western common sense” but rather “common common sense” Link to comment Share on other sites More sharing options...
khunPer Posted November 2, 2021 Share Posted November 2, 2021 On 11/1/2021 at 8:34 AM, SamuiAddict said: Any advice would be very much appreciated - even if its just "tuck your tail and leave" "Tuck your tail and leave"...???? You might have some rights according to the rent law, but paying a lawyer to enforce your rights - with the risk of loosing, and still paying both your lawyer and court fees - you might be better off, also financially, by the "tuck you tail and leave"-option. Link to comment Share on other sites More sharing options...
MrJ2U Posted November 2, 2021 Share Posted November 2, 2021 If he's sold it he should offer you the 2 months free to get you out amicably. Much easier for the both of you. If he hasn't actually sold the place he should just honor the remaining few months at the agreed price. Sounds like a d***. ...But he is French. Link to comment Share on other sites More sharing options...
Popular Post SamuiAddict Posted November 2, 2021 Author Popular Post Share Posted November 2, 2021 Update to the situation - I've found a much nicer place, sea view, more modern and a good price. Locked in 1 year contract (hopefully they honor it) via a proper agent (Remax). So from the bad comes some good. Start packing - again and move out 1st December. And hopefully this place will sit empty and the tw@t will learn a lesson - but probably not. Anyhoo, thanks for all the advice chaps. Onwards and upwards! 3 Link to comment Share on other sites More sharing options...
Speedhump Posted November 2, 2021 Share Posted November 2, 2021 10 hours ago, itsari said: Most rental contracts are standard . The contracts I have used had the clause I quoted . Most contracts also say the rent can not be increased more than the official inflation rate . Most standard clauses can be modified by agreement. Some may not if they represent a law which you cannot contract out of. Link to comment Share on other sites More sharing options...
Speedhump Posted November 2, 2021 Share Posted November 2, 2021 8 hours ago, itsari said: If you are renting property in Thailand I suggest you read the Thai law on rental agreement's . Good luck to you Mr Speedhump , fart bump if translated to Norwegian Most standard clauses can be modified by agreement. Some may not if they represent a law which you cannot contract out of. Thank you for your good wishes. Link to comment Share on other sites More sharing options...
EricTh Posted November 2, 2021 Share Posted November 2, 2021 Is there a government agency we can complain to if owner breach the contract? Link to comment Share on other sites More sharing options...
itsari Posted November 2, 2021 Share Posted November 2, 2021 7 minutes ago, Speedhump said: Most standard clauses can be modified by agreement. Some may not if they represent a law which you cannot contract out of. Only can be modified to what the law is allowing . In other words you can not make a contract that does not follow the law . If you want to deviate from the law then you will decrease the chance of any renter wanting to rent . Link to comment Share on other sites More sharing options...
Speedhump Posted November 2, 2021 Share Posted November 2, 2021 8 hours ago, Al BB said: I don't know the Terms of the OPs Contract, (Written or otherwise ). In Thailand, maybe a Written Contract can be amended verbally ?. In UK, I believe, both parties can to agree to a verbal amendment IF that agreement is written into the contract. The OP has been given lots of answers and IMO, some very valid options. There are also some interesting questions regarding the "Agent" and the French Property Owner. Would love to know the outcome. Regards In the UK verbal agreements are usually binding in law. I have no idea about in Thailand, although Thai law has some historical basis on UK law. Link to comment Share on other sites More sharing options...
Speedhump Posted November 2, 2021 Share Posted November 2, 2021 12 minutes ago, itsari said: Only can be modified to what the law is allowing . In other words you can not make a contract that does not follow the law . If you want to deviate from the law then you will decrease the chance of any renter wanting to rent . And that's what I said. Any contract term can be altered by agreement except where it would conflict with a law. Link to comment Share on other sites More sharing options...
itsari Posted November 2, 2021 Share Posted November 2, 2021 Just now, Speedhump said: And that's what I said. Any contract term can be altered by agreement except where it would conflict with a law. And then the contract becomes illegal from the beginning . Link to comment Share on other sites More sharing options...
big dendrobenaes Posted November 2, 2021 Share Posted November 2, 2021 contact Magna Carta......Mr Justice.... south pattaya road Link to comment Share on other sites More sharing options...
Speedhump Posted November 2, 2021 Share Posted November 2, 2021 21 minutes ago, itsari said: And then the contract becomes illegal from the beginning . In the UK the whole contract would not necessarily be nullified. It depends on whether the term is serious enough to go to the root of the contract. Do you know the position under Thai law? Link to comment Share on other sites More sharing options...
bbabythai Posted November 2, 2021 Share Posted November 2, 2021 do not make any more rent payments and stay until you have used up your deposit. Then move out. Link to comment Share on other sites More sharing options...
phetphet Posted November 2, 2021 Share Posted November 2, 2021 Take the two months notice and start looking for somewhere else. Ask for your deposit back, or don't pay any rent or bills. Should be plenty of deals on Samui at the moment. I would suggest seeing if it is advertised on Air B'n'b or other such sites and posting what he did, but this being Thailand with their strange libel laws, it might not be a good idea. Link to comment Share on other sites More sharing options...
bbabythai Posted November 2, 2021 Share Posted November 2, 2021 4 minutes ago, phetphet said: Ask for your deposit back, do you really think he will get back his deposit. you're having a laugh... Link to comment Share on other sites More sharing options...
HappyGoLuckyLife Posted November 2, 2021 Share Posted November 2, 2021 On 11/1/2021 at 4:02 AM, Chris.B said: Actually there is another option. The OP could ask the landlord for compensation for moving out early. That would muddy the waters. Bluff him out! ???? This is what I was thinking. You want me out before the lease expired, then you should return the unused portion of the money, and add an inconvenience fee on top. 1 Link to comment Share on other sites More sharing options...
sungod Posted November 2, 2021 Share Posted November 2, 2021 Tell him he has the manners of a goat and smells like a dung heap. 1 Link to comment Share on other sites More sharing options...
Speedhump Posted November 2, 2021 Share Posted November 2, 2021 3 hours ago, itsari said: Only can be modified to what the law is allowing . In other words you can not make a contract that does not follow the law . If you want to deviate from the law then you will decrease the chance of any renter wanting to rent . Landlords may still find people foolish enough to agree illegal contract terms. And you are only still agreeing that only terms which don't contravene the law should be included. As I said. Link to comment Share on other sites More sharing options...
itsari Posted November 4, 2021 Share Posted November 4, 2021 On 11/2/2021 at 7:51 PM, Speedhump said: In the UK the whole contract would not necessarily be nullified. It depends on whether the term is serious enough to go to the root of the contract. Do you know the position under Thai law? I do know there was amendments to lease law of property in 2008 . Maximum deposit one months rent for example . If you decided you want three months rent deposit you would be heading for deep water . Fine and or jail sentence Link to comment Share on other sites More sharing options...
firemans35 Posted November 4, 2021 Share Posted November 4, 2021 You need to decide what you want to do. That will dictate what you need to do next. Stay and fight or just leave. Only you know what you will put up with and what your financial status is. Stay and fight then get an Attorney. It may cost you money but it'll cost him as well. Things that could happen here are 1. you could get to stay until the contract is up. 2. Maybe he will pay some or all for your move. 3. He could send some thugs around to screw up your life. Your other option it to leave. Perhaps you and the landlord could come to an agreement where he would cover part of the cost but if not just leave. I would let everyone on every website I could know that he's not someone to do business with but I doubt that would do any good then you might have to worry about Thailands defamation law. Link to comment Share on other sites More sharing options...
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