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

[FritsSikkink]

9 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. 

No, he is the one ripping off. He signs a long lease and get discount on the rent. Then for whatever reason he wants shorten the lease and still enjoy the discounted rent.

[NoDisplayName]

1 hour ago, MakeYouPay said:

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

Do I understand this correctly?

 

You're renting a property at 25K/month with a total of 3 months rent in advance as security.  The property had been vacant for 3 years as owner was unable to find tenants willing to pay that much.  You also believe the 25K monthly rent is "nuts."  And now you want to break the lease "for reasons" and would like random strangers to justify damaging the property?

 

Shirley, this is original!

[marin]

1 hour ago, MakeYouPay said:

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

Why did you rent it in the first place? Jeez.

[FritsSikkink]

32 minutes ago, Liverpool Lou said:

Same here but nine deposits returned.

Never had a problem too.

[scorecard]

15 hours ago, MakeYouPay said:

So, I gave notice to break lease for different reasons but the company that manages the rental even refuses to let the owner know about my request to get the deposits back, as well as told me that he will say no for sure.

 

I know i'm legally not allowed to steal appliances off the apartment to make back my loss that im legally owed, but I think I'm legally allowed to break the furnitures up to a total cost of my deposit, just to make sure, am I correct? I didn't know at the time but the deposits are unlawful too, I have paid 2 upfront security deposits and 1 month advance rental payment for a total of 75000 baht, 50000 of which are the 2 deposits they refuse to give me back.

"... but I think I'm legally allowed to break the furnitures up to a total cost of my deposit, just to make sure, am I correct?"

 

What planet are you from? or

What state of the US are you from?

 

 

[spidermike007]

Stiff them for the rent. See how long it takes to get evicted. Throw the nonsense right back at their faces. That is what I would do. 

[JimTripper]

6 minutes ago, spidermike007 said:

Stiff them for the rent. See how long it takes to get evicted. Throw the nonsense right back at their faces. That is what I would do. 

The landlord is straight, not gay??

[FritsSikkink]

16 minutes ago, spidermike007 said:

Stiff them for the rent. See how long it takes to get evicted. Throw the nonsense right back at their faces. That is what I would do. 

He starts the nonsense by not completing his contract. What are you on about?

[spidermike007]

19 minutes ago, FritsSikkink said:

He starts the nonsense by not completing his contract. What are you on about?

It is just a lease. Things change, and if I was in the landlord's position, if given sufficient notice by a good tenant, I would refund their deposits. Just common decency. Sometimes, the law is the law. Sometimes, common decency stands above the law.

[Danny Australia]

I understand your frustration but 'Damage' and 'Legally' can't coexist in same sentence.

2 months security deposit is the norm here, not sure it's illegal practice.

[n00dle]

16 hours ago, MakeYouPay said:

I gave notice to break lease

<deleted> 

[foreverlomsak]

18 hours ago, MakeYouPay said:

my question tho is if can they call the police for damages if the deposits are actually there for damages?

There's two things here as I see it

1. Breach of contract by refusing to return your deposits, which is primarily a civil matter, and

2. If you bust up things (property or furnishings) after you have given notice to leave it could be classed as "Criminal Damage" which could involve the police if the landlord wanted to go that way.

Remember 2 wrongs don't make a right.

[FritsSikkink]

3 hours ago, spidermike007 said:

It is just a lease. Things change, and if I was in the landlord's position, if given sufficient notice by a good tenant, I would refund their deposits. Just common decency. Sometimes, the law is the law. Sometimes, common decency stands above the law.

A good tenant wouldn't go to a forum to ask if it is ok to trash the place.

"it is just a lease", easy for you to say as you don't run it. Empty for 3 years, so the owner had problems during Covid too.

Edited July 25, 2023 by FritsSikkink

[Felton Jarvis]

17 hours ago, OneMoreFarang said:

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...

My experience has always been that I would have to spend the equivalent of my two months of deposits, in order to leave the condo in the state which the landlord desired. In other words,  I got NOTHING.

[recom273]

20 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.

Expat myth - if the landlord owns over 5 properties, he can only charge 1+1 as a security deposit. If he is the owner of less than 5 properties, then he can charge whatever he feels appropriate, you can agree or walk away.

[Myran]

What an absolute man-child. If you're breaking the lease, you forfeit the deposit. The fact that you're "legally allowed" to break the lease doesn't mean you get the deposit back.

[steven100]

You initially agreed to move in and give him 2 months rent.  You were not forced to accept the place and you were not force to hand over 2 months,  you did it as agreement.

 

You then broke the rental agreement and your asking if it's legal.  Your also asking can you break his furniture.

 

Everything I read from you is you have done wrong.  He has every legal right to keep your deposit.

 

You then ask if you can break his furniture,  I have never heard anything so silly in 15 or so yrs on AN ....    of coarse you cannot break his furniture .... he will rightly call the police and you go to jail.

 

I am still amazed at your thoughts and original question .....    hahaha ...

 

 

Edited July 25, 2023 by steven100

[Dan O]

7 hours ago, MakeYouPay said:

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

If the price is that bad why did you rent it? Sounds like renters remorse to me.

 

Being vacant for 3 prior years has nothing to do with your situation does it?

[Dan O]

7 hours ago, MakeYouPay said:

He has way more than 5.

Thought you said earlier you think he has lots of rental which doesn't convert to a positive knowledge.

[Skipalongcassidy]

16 hours 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

First you should read the entire report... you can "break the lease" with 30 day notice... however the lessor has the right to keep the security deposit(s)... that is to say that they cannot force you to live there and pay rent for the lease term... however, there are obligations on your part and walking away early involves also walking away from the security deposit(s) that are put in place for just such a breach of fulfilling the entire contract... that's the part that you do not understand... security deposits help protect the lessor from both physical damage to the property and monetary damages for unfulfilled rent... you are damaging the lessor in a monetary way and now you want to further damage them in a physical way... grow up!

[2baht]

On 7/24/2023 at 10:18 PM, 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?

Never try, never know! Make sure you keep a toothbrush! ????

[FruitPudding]

They have no right to take the deposit that was given to cover damages, unless something was damaged, of course.

 

The other deposit to cover the last months rent, obviously they keep that.

 

If they are keeping the 2 months deposit which was supposed to be for breakages and damages - despite nothing being damaged - I don't see anything wrong with you causing damage up to that amount. That's what it's there for, right?

Edited July 27, 2023 by FruitPudding

[MrJ2U]

Chalk it up to experience.

 

If you purposely damage property it's going to be a lot worse for you than the lost deposit in the end.