Landlord Breaking Contract after 2 months to put rent up 20,000 baht!!

[JTXR]

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.

[FritsSikkink]

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.

[sjd123]

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.

[ifmu]

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  

[BostonRob2]

Plant pair and water daily.  They may even grow.

[mattyc1957]

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. 

[hioctane]

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. 

[VocalNeal]

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.

 

[soi3eddie]

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.

 

[cocoonclub]

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” 

[khunPer]

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.

[MrJ2U]

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.

 

[SamuiAddict]

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!

[Speedhump]

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. 

[Speedhump]

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. 

[EricTh]

Is there a government agency we can complain to if owner breach the contract?

 

 

[itsari]

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 .

 

[Speedhump]

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. 

[Speedhump]

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. 

[itsari]

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 .

[big dendrobenaes]

contact Magna Carta......Mr Justice....

south pattaya road

[Speedhump]

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? 

[bbabythai]

do not make any more rent payments and stay until you have used up your deposit. Then move out. 

[phetphet]

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.

[bbabythai]

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...

[HappyGoLuckyLife]

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.

[sungod]

Tell him he has the manners of a goat and smells like a dung heap.

 

 

[Speedhump]

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. 

[itsari]

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 

[firemans35]

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.