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

[ICU Kid]

Maybe you could look into subletting?

or 

finding someone to take over the lease,

 

 

As it is now, it's not like you have anything to lose

Edited July 24, 2023 by ICU Kid

[Ralf001]

1 deposit of 2 months rent does not equal 2 deposits.

 

Just sayin'.

[Seamaster]

4 hours ago, brianthainess said:

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

Aggressive behavior law lol. Hmmm

 

Doubt

 

The notion itself sounds triggering and woke

Edited July 24, 2023 by Seamaster

[flyingtlger]

5 hours ago, MakeYouPay said:

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

Wrong....

[Skipalongcassidy]

You are breaking the lease ("for other reasons")... are you paying out the term of the lease that you agreed to... I think not... you just want to walk away with no obligation... security deposits are put in place because of people like you... renters who damage property and renters who break the lease... a lease is a contract for a specified period of time and for a specified amount of money... it's not something that you can just walk away from "for other reasons" because you want to without satisfying the lease terms.  Grow up... fulfill your obligations... you made them.

[scubascuba3]

6 hours ago, MakeYouPay said:

in regards to the contract and lease term, the law states that it's possible to break the lease lawfully if over half of the period has been completed independently of what the contract states as long as i give 30 days notice (that i gave).

I don't think that's correct, if you break the contract the landlord will use the deposit to fund the shortfall.

 

Don't be another bad tenant, in future don't break the agreement or damage anything then there's no excuse to withhold the deposit

[likerdup1]

6 hours ago, MakeYouPay said:

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?

Sounds like you don't have much experience renting property. Half the reason a landlord gets a security deposit is to insure that the tenant doesn't break the lease. Losing 50,000 baht is a incentive for tenants to stay the entire lease. If tenants leave early - landlord keeps the entire security deposit. This is stated in most all long term leases. It gives the landlords some compensation for having a vacant property if a tenant breaks lease.

If there wasn't a significant security deposit most high season holiday makers would just sign a year lease at a cheap rate and leave after 5 months.

 

Landlords like long term tenants because it ensures steady income. In your case 50,000 not only covers damage to the property  ( by accidental or neglect ) but it also gives the landlord some assurance that either the tenant will stay long term or if the tenant breaks the lease compensation for having the property vacant.

 

I have never had this problem when renting any property in Thailand. Why you ask? First, if I break a lease I understand I forfeit the deposit. It's in the lease and it's cost of doing business. Second, because I do research and find out who I'm renting from and if they are reputable. I suspect you did not. Bad landlords can be identified.. but if you don't' do your research and due diligence you'll get one who keeps security deposit even if the lease terms are fulfilled. As a foreigner it is tough to fight it even if you have a real case.

 

Do yourself a favor. Get it out of your mind to be vindictive and seek revenge. You will find that it's a very bad idea to start sh** with Thais. From the sound of things they completely justified to keep the deposit. Don't cause any trouble for the Thai landlords especially those who have money and some connections ... understand?

You made your bed now sleep in it. Nuff' said

Edited July 24, 2023 by likerdup1

[ChaiyaTH]

Total nonsense post, topic starter wants to learn how to leave Thailand fast or in a body bag. At least that is how Thais eventually respond if you game them.

 

If you think you are owed something and in your right so much, have fun wasting another 100k on legal fees in civil court. 
 

Or another 200k by defending yourself on criminal charges you could land with these ideas of damage.

 

You lost, game over, next.

Edited July 24, 2023 by ChaiyaTH

[likerdup1]

6 minutes ago, ChaiyaTH said:

Total nonsense post, topic starter wants to learn how to leave Thailand fast or in a body bag. At least that is how Thais eventually respond if you game them.

 

If you think you are owed something and in your right so much, have fun wasting another 100k on legal fees in civil court. 
 

Or another 200k by defending yourself on criminal charges you could land with these ideas of damage.

 

You lost, game over, next.

This post could be a troll post too. Post is from a VERY new ID.

[ChaiyaTH]

15 minutes ago, likerdup1 said:

This post could be a troll post too. Post is from a VERY new ID.

Yeah any girl could be from a bar too, who cares. Fake or real both suck.

[Thailand]

No comment.

[mstevens]

4 hours ago, dcalaska said:

You got ripped off. This is Thailand. Get used to it. 

Once you hand over money to a Thai, 99.999% it's gone. Only one time did I get back my rental deposit from a Thai person. 

Rented a few different condos in Bangkok and every time my deposit was returned in full when I left.

[Reginald Prewster]

No, damaging brings you in troubles and I my opinion stamps you to a low life individual with a very basic mindset...

 

As long I rented any property I always kept the last months unpaid and told the owner I have no money so take it from the deposit. 

That's the way almost all Thais (Incl my wife) do and so it is common practice.. 

 

In Germany the Landlord is obliged to put the deposit into a separate bankaccount which is in Thailand not the case.

As soon you have handed over the deposit you can expect the Landlord has a new scooter in front of his door or something similar. Short: The "extra income" will be spent without bad feelings... 

[MakeYouPay]

8 hours ago, ICU Kid said:

Maybe you could look into subletting?

or 

finding someone to take over the lease,

 

 

As it is now, it's not like you have anything to lose

unfortunately it has been vacant for 3 years and I don't see any luck of finding another tenant in some days. the price is just nuts 25k baht a month

[MakeYouPay]

8 hours ago, Skipalongcassidy said:

You are breaking the lease ("for other reasons")... are you paying out the term of the lease that you agreed to... I think not... you just want to walk away with no obligation... security deposits are put in place because of people like you... renters who damage property and renters who break the lease... a lease is a contract for a specified period of time and for a specified amount of money... it's not something that you can just walk away from "for other reasons" because you want to without satisfying the lease terms.  Grow up... fulfill your obligations... you made them.

"""The lessee has the right to terminate the lease agreement early with a minimum of 30 days advance written notice given to the landlord."""

https://www.duensingkippen.com/thailandpropertylawblog/?p=364

Edited July 25, 2023 by MakeYouPay

[FriendlyFarang]

14 hours ago, MakeYouPay said:

I understand your thone but it's because the understanding is wrong either yours or mine on the topic, and i'd be happy to change my view, this is why i signed up here anyway.

 

It's unlawful because the thai law states (as i found out later) that they cannot require 2 upfront monthly deposits and 1 monthly rent advance.

There is a max of 1 security deposit and 1 month advance as in I have requested a refund of one and they denied it.

 

in regards to the contract and lease term, the law states that it's possible to break the lease lawfully if over half of the period has been completed independently of what the contract states as long as i give 30 days notice (that i gave).

 

correct me if i'm wrong.

 

I don't go around destroying property for fun, I have followed the rules and im getting scammed by my understanding, its just right they don't get to pocket the money but have to spend the money thats supposedly deposited for damage for actual damages. if my understanding is wrong then i'll accept it, thats why im here, not to brag or something.

This law only applies if the landlord has at least 5 rental properties. Do you have proof that he has 5 rental properties?

[MakeYouPay]

1 minute ago, FriendlyFarang said:

This law only applies if the landlord has at least 5 rental properties. Do you have proof that he has 5 rental properties?

He has way more than 5.

[FriendlyFarang]

Just now, MakeYouPay said:

He has way more than 5.

Officially in his name? Did you see the chanotes? Might be in his parents or other family members names, then he might not have 5 and these sections of the law don’t apply.

[phetphet]

Are you sure it is the landlord who is holding the deposits and not the letting agent?

 

if they are holding them and are trying to keep them, that may be why they don't want you talking to the landlord.

[Liverpool Lou]

14 hours ago, MakeYouPay said:

I don't go around destroying property for fun,

Even though it seems that is exactly what your intention is.

[circa02]

You agreed to rent the property for a term. Most likely this was 1 year.   Your point of view of this being overpriced is not relevant, you agreed to the terms.

 

The landlord has no moral obligation to return any of the deposit if you break the lease.

 

What's so hard to understand about this? Now you want to damage this person's property?

 

There are considerable expenses in renting a property out on a long term, not least paying the agent 1 month commission, if he returned your deposit he would be out of pocket, plus all the time spent, plus cleaning, plus bill settling, plus any other contracts (internet 1 yr etc..). does that sound fair?

 

If you wanted a short term rental then there are plenty of managed service properties out there. The rate you paid reflected a 1 year commitment (due to the costs involved), not a 30 day rent or rolling 30 day. A 30 day rent may of been 75k for all you know at a similar spec'd property short-term.

 

 

 

Edited July 25, 2023 by circa02

[Liverpool Lou]

14 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?

Of course the police can be involved in the case of criminal damage!

[hydraides]

Think about the fact.....You only have a very small chance of getting the deposit back even if you complete the lease/contract

 

If you only do a few months of a contract..........haha good luck i doubt less than 10% of landlords would give your deposit back.

 

Afterall that's what it is there for.........to stop a person moving in for just a month or two and then the landlord has to do all the admin etc to find another new tenant

 

NEVER pay 2 months deposit up front........only 1 month maximum.........NEVER expect to get any deposit back....if you do - you are lucky 

Edited July 25, 2023 by hydraides

[Liverpool Lou]

13 hours ago, MakeYouPay said:

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?

You're right, go ahead and deliberately smash the place up to your heart's delight, there will be no consequences, at all, I'm sure it will all be put down to normal wear and tear.

[Liverpool Lou]

13 hours ago, MakeYouPay said:

the rent's 25k ????

actually 30 if you factor in 5k for electricity...

No. actually it is not 30k, it is 25k.  

[circa02]

The security deposit is also used to offset the costs of early termination, of which they are  considerable especially if the situation is you just stay 30 days on a 1 year lease - how long have you stayed? is 75k the only amount you've paid in total? You've already mentioned an agent involved so there would of been a commission paid by the landlord to the agent to consider.

 

I would fully expect the landlord to involve the police, as he should if you deliberately damage his property! You did not rent for 30 days or rolling 30 days. Break the lease you lose the deposit - same world over, unless you're a really nice person and the landlord is a real gent and returns a small portion of it as a gesture of good will for your professionalism in handling unforeseen lease break - maybe enough for a taxi to the airport.

 

Edited July 25, 2023 by circa02

[Liverpool Lou]

9 hours ago, Ralf001 said:

I must be lucky.

I have 4 deposits returned.

Same here but nine deposits returned.

Edited July 25, 2023 by Liverpool Lou

[circa02]

1 minute ago, Liverpool Lou said:

Same here.

Had deposits returned minus a late arriving internet bills, but I served the terms of the lease, left the places immaculate, and didn't expect anything otherwise. It's unreasonable to expect deposit return, or certainly full amount, if breaking the lease.

[Liverpool Lou]

55 minutes ago, MakeYouPay said:

"""The lessee has the right to terminate the lease agreement early with a minimum of 30 days advance written notice given to the landlord."""

https://www.duensingkippen.com/thailandpropertylawblog/?p=364

What it actually states is that half of the lease term be expired before that right can be exercised.

 

It applies only to "residential property leasing businesses, i.e businesses that lease five or more properties to individual lessees for residential purposes".

Edited July 25, 2023 by Liverpool Lou

[FritsSikkink]

14 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?

You should involve the police to get your deposit back IF that is still needed as you are not honoring the contract you signed. This cheating on the signed contract causes damages to the rental company.

You are out of your mind to even think of damaging other people's property willfully.