Rented room will be locked by landlord

[billd766]

1 minute ago, billd766 said:

And you as an owner accept that. More fool you.

 

If you cannot pay the rent on the agreed date then I would not want you as a tenant.

 

If I were an owner I am in the rental business to make a profit and I would much rather have a tenant who pays on time.

 

If they don't pay, I lose money as I have to pay with no income from them.

 

When I rented the rent was always paid first, anything else came later.

I do notice that you still have not quoted the link, chapter and verse backing up your claim that the law is the law. 

[itsari]

2 minutes ago, billd766 said:

And you as an owner accept that. More fool you.

 

If you cannot pay the rent on the agreed date then I would not want you as a tenant.

 

If I were an owner I am in the rental business to make a profit and I would much rather have a tenant who pays on time.

 

If they don't pay, I lose money as I have to pay with no income from them.

 

When I rented the rent was always paid first, anything else came later.

 Renting property is a high risk business.

Locking people out of there home without a court order is an illegal act here in Thailand.

 

[newnative]

Surprised the landlord didn't boot you after the first late payment.

[khunPer]

15 hours ago, d4dang said:

I then found a note on my door saying I would be locked out in 7 days. Is this legal? When I paid the one month there seemed to be no problem.

This is what the law says...

Section 559. If no time for payment of rent is fixed by the contract or by custom, the rent must be paid at the end of each period for which it is stipulated, that is to say: if a property is hired at so much per year, the rent is payable at the end of each year, if a property is hired at so much per month, the rent is payable at the end of each month.

Section 560. In case of non-payment of rent, the letter may terminate the contract. But, if the rent is payable at monthly or longer intervals, the letter must first notify the hirer that payment is required within a period not less than fifteen days.

Source: Click HERE for the full law in English.

 

Apart from that, TIT, so if you don't pay in full at agreed terms, you might be locked out...

[d4dang]

1 hour ago, Liverpool Lou said:

So why the emphasis on the first person in your OP ("I")?

I was being lazy. Sorry. Some guy who lives next door to me...blah blah

 

1 hour ago, SAFETY FIRST said:

Agree. 

 

I suggested earlier that I Am Not Worthy and kow towed for using I instead of saying I am asking for a friend which is    taken as a joke or whatever. I have found lots of useful info from people who post here. I have attempted to add some humor and useful info myself. Thanks. 

 

 

[The Theory]

15 hours ago, d4dang said:

Is this legal?

Even if it's illegal you will be locked out anyway (till you pay in full). By going to police if they are nice to you perhaps you can spend the night at police station. 

[Hummin]

4 minutes ago, The Theory said:

Even if it's illegal you will be locked out anyway (till you pay in full). By going to police if they are nice to you perhaps you can spend the night at police station. 

He got 7 days warning to move, so I do not see him being locked out. 

 

 

[billd766]

52 minutes ago, itsari said:

 Renting property is a high risk business.

Locking people out of there home without a court order is an illegal act here in Thailand.

 

But it is NOT their home.

 

It belongs to somebody else.

 

IMO non payment of rent is theft.

[itsari]

5 minutes ago, billd766 said:

But it is NOT their home.

 

It belongs to somebody else.

 

IMO non payment of rent is theft.

There can be many reasons why a tenant does not pay the rent .

A landlord should give tenants a credit check as that could avoid many problem tenants .

 

[billd766]

1 minute ago, itsari said:

There can be many reasons why a tenant does not pay the rent .

A landlord should give tenants a credit check as that could avoid many problem tenants .

 

So why would you rent to such a tenant?

 

I am still waiting for your link on the law, BTW.

[scorecard]

2 hours ago, moe666 said:

With these people there is always money for beer but hey for get the rent

Non payment of rent can have some other 'examples:

 

I rented my luxury house on Jomtien to a UK engineer and his UK wife. The husband was a specialist xhemical processs engineer on a high salary plus all living costs.

 

He was easy to talk to etc., but his wife wasn't. And the husband had instructed his wife to handle all accommodation etc., matters.

 

It was agreed they would transfer the rent due via an ATM machine on due day.

 

First payment one day late and only about 75% of the agreed rental amount.

 

I called the wife, her story was:

 

1. It takes 24hrs +, and longer on week-ends, for the money transferred by ATM to reach the landlord. None of this is true of course.  I called her again to say 'transfer by atm is immediate 24/7and  I have called your bank (K Bank) to confirm this.  Her response 'That bank tells lies'.

 

2. The ATM transfer was 25% short because that was the maximum she could transfer in one transaction (not the daily maximum).  On this point she insited that she had made an ATM transfer so she had fulfilled her obligation.  And she was quite abusive on the phone.

 

I called the husband, he refused to discuss.

 

I called his company, I was quickly transfered to a manager in charge of liasison of farang expats.  She listened then said:

• We have had many complaints about this couple, especially the wife, and she is being charged with assault of her maid and her driver.
• They haven't paid the same staff.
• She asked for and gained grocery shopping credit facilities at a nearby small family owned supermarket and they have received products worth around 100,000Baht and not made any payment. (a large % of the 100,000Baht was for bottles of gin. Turned out she was a severe alcoholic, only drank gin, neat and with no ice.
• and more...

The liaison manager continued, "we have booked tickets for them to return to the UK in 3 days time and the company will escort them to swampy and ensure they do get on the aircraft".

 

The liaison manager called me again later same day and asked me to quickly prepare a list of all monies outstanding to me. I did that.

 

The day after the farang couple left Thailand the company transfered the full amount of the outstanding monies to me and paid the maid/driver all monies due.  

 

 

 

 

[itsari]

49 minutes ago, billd766 said:

So why would you rent to such a tenant?

 

I am still waiting for your link on the law, BTW.

I di not do a credit check . I take people on face value .

In three years no real problems have occured on rent not being paid .

Main problem for myself has been damage to fixtures and fittings and left the accomodation in a unclean state .

You will not get a link from me as I have nothing to prove .

Now I will go out and take a beer or two .

Have a good day 

[itsari]

6 hours ago, NoDisplayName said:

I'm not sure that's the way it works.  If you make a claim, it's up to you to back it up with supporting evidence.  It's not true until proven false.

 

Of course all the landlords and all the condo management offices that seal doors for non-payment of rent COULD be wrong and not following the law.  But then again, since when is following the (alleged) law part of doing business in Thailand?

You make some sense on eviction law compared to the majority of asia now posters.

Yes, the tenant must contest the action of the landlord within the 7 days. If the tenant remains then the landlord must notify the court for gaining access to the property.

If any landlord follows the law I have no idea . 

Do tenants take up there option to contest there eviction notice . I doubt it especially foreigners reading Asia now for information 

[Mises]

Itsari is correct on the law here.  That won't necessarily stop the landlord and certainly not without a solicitors letter which he cannot afford.

 

I heard recently that some of the Russians here who have signed one year leases on villas only ever paid the one month deposit and 3 months rent and then just paid no rent.  It will take the landlord up to 6 months for a court order.  Shortly before this they just disappear and there is nothing the landlord can do about it even if they remain in Thailand.  Short term rent at long term rate and only pay 4 months for 9 months.  Oh, and plus the damage.

 

Others have signed for a year and just walked away after 3 or 4 months.  Peak season rent at long term rate.

 

Note I said "some"

[mikecha]

 u pay your gas      cos u need a bottle  u pay electric  otherwise they stop delivery

pay water  pay food pay taxis 

so why dont u pay the rent ontime 

i also would lock u out of my guest house if u dont pay

nothing to do with being Thai OR foreigner 

everybody wants what they are owed

if u cant pay then move on  nothing here any more for cheap charleys 

[itsari]

2 hours ago, scorecard said:

Non payment of rent can have some other 'examples:

 

I rented my luxury house on Jomtien to a UK engineer and his UK wife. The husband was a specialist xhemical processs engineer on a high salary plus all living costs.

 

He was easy to talk to etc., but his wife wasn't. And the husband had instructed his wife to handle all accommodation etc., matters.

 

It was agreed they would transfer the rent due via an ATM machine on due day.

 

First payment one day late and only about 75% of the agreed rental amount.

 

I called the wife, her story was:

 

1. It takes 24hrs +, and longer on week-ends, for the money transferred by ATM to reach the landlord. None of this is true of course.  I called her again to say 'transfer by atm is immediate 24/7and  I have called your bank (K Bank) to confirm this.  Her response 'That bank tells lies'.

 

2. The ATM transfer was 25% short because that was the maximum she could transfer in one transaction (not the daily maximum).  On this point she insited that she had made an ATM transfer so she had fulfilled her obligation.  And she was quite abusive on the phone.

 

I called the husband, he refused to discuss.

 

I called his company, I was quickly transfered to a manager in charge of liasison of farang expats.  She listened then said:

• We have had many complaints about this couple, especially the wife, and she is being charged with assault of her maid and her driver.
• They haven't paid the same staff.
• She asked for and gained grocery shopping credit facilities at a nearby small family owned supermarket and they have received products worth around 100,000Baht and not made any payment. (a large % of the 100,000Baht was for bottles of gin. Turned out she was a severe alcoholic, only drank gin, neat and with no ice.
• and more...

The liaison manager continued, "we have booked tickets for them to return to the UK in 3 days time and the company will escort them to swampy and ensure they do get on the aircraft".

 

The liaison manager called me again later same day and asked me to quickly prepare a list of all monies outstanding to me. I did that.

 

The day after the farang couple left Thailand the company transfered the full amount of the outstanding monies to me and paid the maid/driver all monies due.  

 

 

 

 

All very well you received your money for rent , but you have probably not received any money for the lost revenue for the duration of the original lease .

I suspect you have been taken in by British hiso folk that are the worst to deal with .

Hope she left a bottle of gin for you.

[scorecard]

1 hour ago, itsari said:

All very well you received your money for rent , but you have probably not received any money for the lost revenue for the duration of the original lease .

I suspect you have been taken in by British hiso folk that are the worst to deal with .

Hope she left a bottle of gin for you.

Strange comment:

 

- I did in fact quickly receive the full rental due, some of which was paid by the farang's employer, and the agency found another tenant quickly (a reliable tenant).

 

- I don't understand your comment about British Hi-so people.

He was a highly qualified engineer, shwed no signs of arrogane or superiority. She was a drunk who couldn't control her behaviors and had no respect for anybody. Is this what you mean by British-so folks? 

 

- I do enjoy an occasional G & T., with tonic, with lemon and with plenty of ice.

[itsari]

1 minute ago, scorecard said:

Strange comment:

 

- I did in fact quickly receive the full rental due, some of which was paid by the farang's employer, and the agency found another tenant quickly (a reliable tenant).

 

- I don't understand your comment about British Hi-so people.

 

- I do enjoy an occasional G & T.  

Ok, of you do not understand my comment about hiso British then let it rest .

Strange comment because you lack understanding of the elite in the UK .

Have a good night 

[scorecard]

6 minutes ago, itsari said:

Ok, of you do not understand my comment about hiso British then let it rest .

Strange comment because you lack understanding of the elite in the UK .

Have a good night 

I suspect it's you who doesn't understand and I wonder if you see people like qualified (but unreliable) engineers (and their wives) as British Hi-so.

 

But that's your problem. I don't really care. 

[itsari]

1 minute ago, scorecard said:

I suspect it's you who doesn't understand and I wonder if you see people like qualified (but unreliable) engineers (and their wives) as British Hi-so.

 

But that's your problem. I don't really care. 

Your problem , over and out

[steven100]

25 minutes ago, scorecard said:

I do enjoy an occasional G & T., with tonic, with lemon and with plenty of ice.

now I understand you good & well .....  you know your drink.

[The Theory]

6 hours ago, Hummin said:

He got 7 days warning to move, so I do not see him being locked out. 

 

 

He got no money to pay his rent in full. Move to where ? To pay another deposit + 1st month ?!!!! ???? 

 

[itsari]

11 hours ago, asf6 said:

That's fair enough, but if the law does not cover a particular area of a topic, then there would be no law to follow and (in this instance) landlords could write what they want. We need to see what the actual law states on this particular topic. It may be clear, it may not be clear on this topic. 

I believe it is clear what the eviction procedure is .

[Hummin]

1 hour ago, The Theory said:

He got no money to pay his rent in full. Move to where ? To pay another deposit + 1st month ?!!!! ???? 

 

Should that be the landlords problem? He already been patient two months, and surely heard I pay tomory or next week for awhile. 

 

There is 300 bath rooms a night to find most places, so he better start looking. Even rooms for 2 thousands a month can be found most places around in Thailand, and should have started looking long time ago before he was late with the payment. 

 

Sometimes a clear wake up call is what most people need when <deleted> turns to worse. 

 

Op have not stated cause of the problems as far I have read, and what cause could possible give hime more time? He is on his third month now late! 

[FritsSikkink]

17 hours ago, itsari said:

The landlord has to apply for an eviction notice from a judge after giving the 7 days notice to the tenant .

The procedure can take many months .

Putting some glue in the lock takes seconds.

[FritsSikkink]

16 hours ago, itsari said:

Without a judge allowing the eviction to take place the landlord would be acting illegally by locking out the tenant or removing any articles belonging to the tenant .

Dream on

[FritsSikkink]

16 hours ago, itsari said:

Look up the Thai rental law .

You will find the law in English 

 

16 hours ago, itsari said:

Oh dear, hopefully you are not a landlord with that attitude 

For people that refuse to pay for services rendered that would be a problem. Not for decent people.

[FritsSikkink]

16 hours ago, itsari said:

There are laws to follow when renting .

If you wish to ignore laws then it is you that will be evicted.

Yes, that means you have to pay rent.

[FritsSikkink]

15 hours ago, itsari said:

Certain areas of the law apply to landlords with 5 or more properties .

I believe eviction of tenants apply to all.

 

What you believe has no legal value at all.

[FritsSikkink]

15 hours ago, itsari said:

I have rental property and I know there are landlords who do not follow the law as in any country but as I am a foreigner living in Thailand I like to keep on the right side of the law and treat people with respect.

So pay your rent.