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Landlord won't give back 2 security deposits, am I legally allowed to damage to the property?


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1 minute ago, stoner said:

one is never legally allowed to damage others property. 

Isn't the security deposit there to pay for damages? I just want to make sure they don't pocket it. with the inconvenience of having to take it out and get new one, it will be a lesson that next time they might just as well give it back as it is the law and don't <deleted> around.

Edited by MakeYouPay
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1 minute ago, KhaoNiaw said:

I think that law only applied to larger scale landlords that are effectively a business and renting out multiple condos. 

5 or more properties, not whole condos, and my knowledge is that they do own and rent out multiple properties since this property was vacant since 3 years and they would rather keep it vacant than rented for less and have an agency that manages rental only for them, i can't see anyone that doesn't own dozens of property be able to not care about a single property being rented.

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1 minute ago, Felton Jarvis said:

One thing that I have learned to accept while living in Thailand is that in any business dealings with a Thai person…….YOU LOSE!!!!  It’s not right, it’s not foir, but this is Thailand. What would you possible expect???  Put it behind you and move on.  Don’t give the landlord a reason to call the police.

I'm learning this the hard way too.. my question tho is if can they call the police for damages if the deposits are actually there for damages?

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Just now, Etaoin Shrdlu said:

Might want to read up on Section 358 of the Thai Criminal Code:

 

Section 358. Mischief

Whoever, damaging, destroying, causing the depreciation of value or rendering useless the property belonging to the other person or which the other person to be the co-owner, such person to be said to commit mischief, and shall be imprisoned not out of three years or fined not more of six thousand Baht, or both.

Thank you, but i don't understand then,

They can't whitheld the deposit for tear caused due to time but it's criminal to cause damage? and how else would damage occur that is not due to time (wear) that would allow for the security deposit to be whitheld?

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24 minutes ago, MakeYouPay said:

I'm learning this the hard way too.. my question tho is if can they call the police for damages if the deposits are actually there for damages?

Aggressive behavior, willful damage could be charges brought against you. just saying 

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7 minutes ago, Etaoin Shrdlu said:

Normal rental contracts will not hold the tenant responsible for normal wear and tear.

 

In addition to normal wear and tear, there is damage due to negligence. Negligence is when someone does not take sufficient care or precautions and loss or damage ensues.

 

For example, a tenant may forget to close a window when leaving the house and while the tenant is out a rainstorm causes water damage to the rental property due to the window being left open. The tenant was negligent in forgetting to close the window and thus the ensuing damage is his responsibility. 

 

Then there is intentional damage which may be subject to Section 358 of the Thai Criminal Code.

 

The landlord's refusal to return the deposit does not negate the effect of Section 358 if the landlord's property is intentionally damaged.

 

 

 

thank you.

I think topic closed then, thank you,

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Yeah that's weird when your going through a third party and your not in direct contact with the landlord.

My place is like that also. I can't get the actual landlords contact information and only have their signature on the lease. So it cuts off communication and you can't really tell who knows what and who has refunded what. For all you know the landlord paid the manager the deposit refund and they just kept it.

Some realtors do this also, they are really managing the property, not just sales agents, so you need to go through them the whole time. You make payments through them but the contract says refunds are at the discretion of the landlord.

Edited by JimTripper
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40 minutes ago, MakeYouPay said:

thank you.

I think topic closed then, thank you,

If you are so certain of your case, then take legal advice, and then use the law to get back what you feel entitled to. Your idea of a solution is just nut's unless you are looking for trouble. 

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2 hours ago, MakeYouPay said:

So, I gave notice to break lease for different reasons

 

2 hours ago, MakeYouPay said:

but I think I'm legally allowed to break the furnitures up to a total cost of my deposit

Go ahead! What can possibly go wrong?

I am not so sure if we will read your reply here. But I am sure we will read about it. Great idea! 

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2 hours ago, MakeYouPay said:

I'm learning this the hard way too.. my question tho is if can they call the police for damages if the deposits are actually there for damages?

yes they can and you will lose. 

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1 hour ago, JimTripper said:

Yeah that's weird when your going through a third party and your not in direct contact with the landlord.

My place is like that also. I can't get the actual landlords contact information and only have their signature on the lease. So it cuts off communication and you can't really tell who knows what and who has refunded what. For all you know the landlord paid the manager the deposit refund and they just kept it.

Some realtors do this also, they are really managing the property, not just sales agents, so you need to go through them the whole time. You make payments through them but the contract says refunds are at the discretion of the landlord.

And obviously there will be some owners who are happy that someone does all that for them, so they won't be bothered by people with unrealistic expectations...

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1 hour ago, JimTripper said:

Yeah that's weird when your going through a third party and your not in direct contact with the landlord.

My place is like that also. I can't get the actual landlords contact information and only have their signature on the lease. So it cuts off communication and you can't really tell who knows what and who has refunded what. For all you know the landlord paid the manager the deposit refund and they just kept it.

Some realtors do this also, they are really managing the property, not just sales agents, so you need to go through them the whole time. You make payments through them but the contract says refunds are at the discretion of the landlord.

according to the OP the landlord hasnt been contacted just the rental agency. I think he may find out (maybe not) that the rental agent is the one keeping the deposits and the landlord is disconnected for whats going on like you would think or has an agreement with the agent 

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3 hours ago, MakeYouPay said:

So, I gave notice to break lease

What does it say in your contract? Usually, if you break the lease and don't fulfil the full term of the contract, you forfeit the deposit. If there is no clause in your contract that says you can give x number of months notice and you will then get your deposit back then I am afraid you're out of luck.

 

There is a reason why a lease is signed for a lease of a certain period. The length of the lease gets the tenant a lower monthy rate i.e. a 12 month lease might get 25K / month, 6 months might be 30K / month, 1 month might be 60K / month. A shorter lease invariably means a higher monthly rate.

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