Owner selling my condo I am renting

[Hindy]

Hi 

I have a 12 month contract on my rented condo I have only been in 2 months and she wants to sell it.

 

Now my contract is with her if she does sell can the new owner throw me out

[Pmbkk]

 

Isn't there anything in the contract to cover that case?

 

Also considering selling and it being sold is totally different.

 

Have you actually asked her ?

[Hummin]

I would ask her what terms she will have for the sale, and what will happen to your deposit. 

[dddave]

As PMBKK pointed out, considering selling and actually selling are separate issues,  Currently, it's not unusual for condos to stay on the market for more than a year.

You do need to set-up terms with the owner about her respecting your privacy and informing you well in advance when she wants to show the unit.  You should make it clear you will not allow her inside to show the unit if she does not make advance arrangements with you.  She has no legal right to enter your premises except under emergency circumstances or with a court order.

[sidjameson]

2 minutes ago, dddave said:

As PMBKK pointed out, considering selling and actually selling are separate issues,  Currently, it's not unusual for condos to stay on the market for more than a year.

You do need to set-up terms with the owner about her respecting your privacy and informing you well in advance when she wants to show the unit.  You should make it clear you will not allow her inside to show the unit if she does not make advance arrangements with you.  She has no legal right to enter your premises except under emergency circumstances or with a court order.

Are you talking about Thai law or your home country law?

[poobear]

My understanding of Thai law from some past and present experience is your rental contract supersedes (comes first) and nobody can throw you out until your lease expires. An example is I just purchased a house with tenants living in the house and I am renting for two month until their rental contract with the original seller expired.

[poobear]

You are safe until the end of the lease even if the house is sold.

This is from SAMUIFORSALE  and THAI CONTRACTS 

Does transfer of ownership of the land affect my lease rights?

Transfer of ownership of the property does not break the lease agreement (section 569), but only rights and obligations in the lease agreement that are under Thai law considered by nature true rent of property rights transfer to the new owner. Some provisions in the lease, such as the common renewal option but also the succession clause, are in principle only enforceable by legal action against the original lessor. Death of the owner or transfer of ownership could lead to the lessee ending up with a lease contract that is only partly enforceable against the new owner who is for part of the lease considered a third party (i.e. not binding upon him as he is not considered a contract party).

[Hummin]

2 minutes ago, poobear said:

You are safe until the end of the lease even if the house is sold.

This is from SAMUIFORSALE  and THAI CONTRACTS 

Does transfer of ownership of the land affect my lease rights?

Transfer of ownership of the property does not break the lease agreement (section 569), but only rights and obligations in the lease agreement that are under Thai law considered by nature true rent of property rights transfer to the new owner. Some provisions in the lease, such as the common renewal option but also the succession clause, are in principle only enforceable by legal action against the original lessor. Death of the owner or transfer of ownership could lead to the lessee ending up with a lease contract that is only partly enforceable against the new owner who is for part of the lease considered a third party (i.e. not binding upon him as he is not considered a contract party).

I guess you should read that one more time ????

[Hindy]

2 minutes ago, poobear said:

You are safe until the end of the lease even if the house is sold.

This is from SAMUIFORSALE  and THAI CONTRACTS 

Does transfer of ownership of the land affect my lease rights?

Transfer of ownership of the property does not break the lease agreement (section 569), but only rights and obligations in the lease agreement that are under Thai law considered by nature true rent of property rights transfer to the new owner. Some provisions in the lease, such as the common renewal option but also the succession clause, are in principle only enforceable by legal action against the original lessor. Death of the owner or transfer of ownership could lead to the lessee ending up with a lease contract that is only partly enforceable against the new owner who is for part of the lease considered a third party (i.e. not binding upon him as he is not considered a contract party).

Thanks for the reply guys

[Hindy]

Just now, Hummin said:

I guess you should read that one more time ????

Cheers

[tomazbodner]

I was seeing a condo unit that had a tenant. It was agreed with the tenant up-front when I could go there and how long I could stay. I ended up not taking the unit, but if I did, it was expected that I would continue allowing the tenant with the rent for the period agreed.

 

Sometimes having a tenant is a plus for someone looking to buy unit to rent it out. It's a minus for someone buying to move in.

 

For the rest, usually there's a termination clause of the contract, maybe 30 days notice or alike, where either party can terminate the agreement. But as others say - the owner decided to sell, expecting the prices of real-estate would drop significantly in the next 6 months or so. But, if you know that prices will drop, will you buy now? I can't see there would be many takers for that place anytime soon.

 

It's worth shopping around for another place in case things go south with new owner who actually buys the place, no matter how unlikely.

[OneMoreFarang]

I think people forget here that there are laws in Thailand and then there is reality.

If someone wants to get you out I am sure they find ways to make your life difficult so you want to go out by yourself.

Maybe no water or electricity. Is that legal? Maybe not. But does that mean it couldn't happen? TiT.

[FritsSikkink]

1 hour ago, OneMoreFarang said:

I am sure they find ways to make your life difficult so you want to go out by yourself.

Only if you are a pussy and don't fight back.

[champers]

13 minutes ago, FritsSikkink said:

Only if you are a pussy and don't fight back.

Fight back how?

[richard_smith237]

37 minutes ago, champers said:

51 minutes ago, FritsSikkink said:

Only if you are a pussy and don't fight back.

Fight back how?

By posting strong comments on Aseannow.com about how much of a pussy you are not !!!!  ????

 

 

I suppose you could be stubborn, but is it really worth it ?... 

Do you really want to rent from someone who wants you out ?... 

 

In this case I’d ask the owner for the full deposit back and allow some time (i.e. 1 month) to look for another property deducting any moving costs from the last months rent. 

 

But ultimately, if a ‘tenant’ wants to be stubborn and awkward, the landlord can make it a lot more awkward for them.

 

 

 

[OneMoreFarang]

3 hours ago, FritsSikkink said:

Only if you are a pussy and don't fight back.

Really?

How do you fight in Thailand against influential Thai people and win?

And is it worth it?

I.e. I find it always interesting when the management and security guards of my condominium forget everything the committee agreed to when one (a little) influential owner decides things are different.

And this seems to be normal also in many other buildings.

[Lucky Bones]

4 minutes ago, OneMoreFarang said:

Really?

How do you fight in Thailand against influential Thai people and win?

And is it worth it?

I.e. I find it always interesting when the management and security guards of my condominium forget everything the committee agreed to when one (a little) influential owner decides things are different.

And this seems to be normal also in many other buildings.

You need to get out of your condo/fishbowl up in the sky.

There, on the ground floor, you will have a better view.

[1FinickyOne]

I have often seen condos listed for sale w/a note that says currently rented until xxxx .... for some it is a selling point as units are often purchased for investment... 

[thailand49]

This is very common here! 

I would have a conversation as soon as possible to get your answer. 

From my real estate experience I've been both renter and owner and applies everywhere just because one had the ability to own property that they should.

A great majority of owners don't have a clue!

[FritsSikkink]

3 hours ago, OneMoreFarang said:

Really?

How do you fight in Thailand against influential Thai people and win?

And is it worth it?

I.e. I find it always interesting when the management and security guards of my condominium forget everything the committee agreed to when one (a little) influential owner decides things are different.

And this seems to be normal also in many other buildings.

Not every Thai is influential and I know quite a few myself.

[FritsSikkink]

7 hours ago, champers said:

Fight back how?

I know the law, have family and friends who are lawyers, speak the language, so they understand very quickly not to play silly games with me as they will have problems.

[alex8912]

7 hours ago, FritsSikkink said:

Only if you are a pussy and don't fight back.

How many properties have you owned and leased out? 
With thousands and thousands of apts available to lease it's very easy to find another probably better home. I'd start right in the same building if I was the OP.  
Stubborn old men only become older and more miserable when fighting about not being a pussy.  

[alex8912]

11 minutes ago, FritsSikkink said:

I know the law, have family and friends who are lawyers, speak the language, so they understand very quickly not to play silly games with me as they will have problems.

Miserable. You act  like the Western squatters on Judge Judy. You know what she would say to you and your lawyer friends?? MOVE!!!!! 
You seem almost experienced in this BS. So come on tell us. How many fish have you left in your previous homes in the walls? 

[Srikcir]

9 hours ago, OneMoreFarang said:

Maybe no water or electricity. Is that legal? Maybe not. But does that mean it couldn't happen? TiT.

Maybe not going to happen based on Thailand Condominium Act of 2008 and authority of the Juristic Person in a Juristic Condominium.

 

The JP is responsible in part for setting and collecting utility rates and payment. As such it would follow that any punitive action a condo unit owner/landlord may want to take against a specific condo unit lessee such as shutting down basic utilities for example cannot legally happen, probably not even physically happen. (assuming the condo owner cannot legally collude with the JP to contrive a utility shutdown event)

 

There is also a February 2018 law wherein the utility fee regulation falls under the authority of the Consumer Protection Act. If tenants fall behind on their rent, landlords cannot resort to punitive action by locking the tenant out of their unit. So it would follow that a landlord could not simply shut off utilities for a leased condo unit as a punitive act to force a tenant out of a lessee unit, especially in connection with a Juristic Condominium and lessee not actually being in default of utility payments to the JP.

[FritsSikkink]

3 minutes ago, alex8912 said:

Miserable 

I own 3 houses and rent 1, you might be miserable but i am not. Quite happy actually.

[alex8912]

3 minutes ago, FritsSikkink said:

I own 3 houses and rent 1, you might be miserable but i am not. Quite happy actually.

Yes. You sound like a true peach. 

[JBChiangRai]

I would definitely ask the new owner to confirm he is holding your deposit post sale.

[swm59nj]

I would get more specific information from the owner or property agency if you used an agency.  Because it sounds like you were in a way taken advantage of. 
I’m just speculating of course.  But was this a last minute decision of the owner?  Because you only have been living there for two months.  Now all of a sudden this person decides to sell.  Possibly just wanting to make some extra money until they  actually find a buyer.  And if there is no clause in your contract about this.  It might be an issue for you.  
What ever is in that contract is supposed to be legally binding.  But  of course the legal system is different here.  So if they try to remove you ,  it might cost you money to fight it with legal counsel. 
 

[Liverpool Lou]

12 hours ago, Hindy said:

I have a 12 month contract on my rented condo I have only been in 2 months and she wants to sell it.

 

Now my contract is with her if she does sell can the new owner throw me out

It would be just as easy for the new owner to turf you out as it would be for the original owner if they wanted to, i.e. easy.

[Liverpool Lou]

11 hours ago, tomazbodner said:

I can't see there would be many takers for that place anytime soon.

Which place is the OP living in?