Early termination of 1 year condo rental lease

[zombie nights]

I am a couple of months into my one year  written condo  lease. For various reasons I may decide to terminate my lease under which I provided a months deposit.

The lease says nothing about what occurs if I terminate my lease early though I assume I  will forfeit my deposit which I accept.

But as my lease has 10 months to run can  my Landlord claim for the outstanding amount for the remainder of my lease?

10 months outstanding?

Or is my sole liability just forfeit my deposit?

 

Thanks any input.

 

[scubascuba3]

If they sue you they will probably win but most likely won't bother 

[Bangel72]

Fairly sure there is a notice period on my contract that I'd have to pay if I left early, I think its one month. Likely best to have a chat with them and hope they are reasonable.

 

Most landlords wont accept keeping the deposit as cover for that notice period.

 

Had a situation an apartment was charging daily late payment costs even though the person had moved out so if they ever got it to a court then the costs would have been double, again they would not accept keeping the deposit as cover. In this case they ended up paying the six month contract in full even though they left in 5th month.

 

It likely happens a lot and I suspect they real answer is fairly grey.

[Ohyesuare]

Definitely will not get back your deposit in that case. In order to sue you for the remaining 10 months, the burden would be on them to prove that they were not able to and didn't rent it out again to someone else after you left.

[FritsSikkink]

1 hour ago, Ohyesuare said:

Definitely will not get back your deposit in that case. In order to sue you for the remaining 10 months, the burden would be on them to prove that they were not able to and didn't rent it out again to someone else after you left.

They don't have to prove anything but the fact that you didn't pay your rent and left.

Edited August 29, 2023 by FritsSikkink

[Ohyesuare]

 

An old thread but I doubt that much has changed. Seems like the consensus is that you forfeit your deposit and that you should also check your lease agreement for any clauses regarding early termination.

[RemyDog]

Hearsay only, but I have heard that claiming there are ghosts/demons in the premises are acceptable grounds to terminate a residential lease without penalty in Thailand.

 

Could be worth a shot, especially if you look terrified when meeting with the landlord/agent and you describe your experiences and the sounds you are hearing. You initiate the meeting as the demons/ghosts are most upsetting and you got to get away from them!!

[save the frogs]

are you on good terms with the landlord?

can you explain to them your situation to elicit some sympathy?

can you work with them to help find someone to replace you? ie put some ads, etc....

 

[Skipalongcassidy]

I hope that they go to court and charge you the full amount of your LEASE CONTRACT... your obligation doesn't just end when you decide to move out.

[nickmondo]

the terms of your contract will say the contract will be cancelled if you are in breach.

not paying is in breach

you will lose your deposit

tell them nicely, and leave.

move your stuff before telling them

[nickmondo]

15 minutes ago, Skipalongcassidy said:

I hope that they go to court and charge you the full amount of your LEASE CONTRACT... your obligation doesn't just end when you decide to move out.

well arent you a joy to be around

sometimes <deleted> happens, circumstances change

dont be such a nasty git

[Skipalongcassidy]

3 minutes ago, nickmondo said:

well arent you a joy to be around

sometimes <deleted> happens, circumstances change

dont be such a nasty git

Whether (deleted) happens or not... it says allot about a person on how they honor their obligations in life... walking away is a cop out at best... working out an agreement is what mature people do.. Your (deleted) is not other peoples to deal with.

[Ratman]

Get a good Thai Lawyer to read the lease to you before you stop the lease..so you will know what you can and can not do 

[thailand49]

Rules are the same applications is another matter. As a former Real Estate licence holder 30 years who mainly manage and rented out property. 

A contract is a contract. 

You mentioned there is no wording but noted a one year contract!

On that contract should be a date start to finish if so that is the wording! 

Deposit normally aren't allowed to be used as rent. 

In a situation like your contractually if you you are on hook for the rest of year.  But being reasonable I've had tenants in the past for whatever reason want or need to leave. 

I explain the contract obligation then tell them My obligation is to do everything to rent the unit out again with their help to be able to show it with short notice work together meantime tenant must meet the contract terms which is pay the rent.  I've not or never if it is a good unit priced reasonable find another willing tenant. 

[wmlc]

Landlords with five or more residential properties will now fall under the Consumer Protection Bureau’s definition of a contract controlled business. The Contract Committee issued the“Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2561 (2018)” and it was published in the Government Gazette on February 16, 2018. The new regulations will take effect on May 1, 2018. One of the new regulations is: 

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

Therefore, show your lease to a lawyer to confirm there is no clause about termination in your contract. Seems odd there is not. If the landlord has less than 5 properties for rent, it’s all down to your contract. Also how many months deposit did you give? These guys that have commented actually have no idea what they are talking about. Dangers of posting these types of legal questions in a forum. Speak to a lawyer unless the deposit amount is under 10,000 Baht, as that would not be worth fighting over and let’s take a look at what the termination clause  says in your contract. The lawyer can also confirm the landlord’s property status. 

Edited August 31, 2023 by wmlc

[wmlc]

2 hours ago, Skipalongcassidy said:

I hope that they go to court and charge you the full amount of your LEASE CONTRACT... your obligation doesn't just end when you decide to move out.

What a ridiculous comment? You don’t know the law. Why even bother posting? 
 

Landlords with five or more residential properties will now fall under the Consumer Protection Bureau’s definition of a contract controlled business. The Contract Committee issued the“Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2561 (2018)” and it was published in the Government Gazette on February 16, 2018. The new regulations will take effect on May 1, 2018. One of the new laws is the following: 

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

[Older and Wiser]

I reply as a landlord of several properties in the Philippines, different country but same problems. Firstly, the legal obligations; you signed a one year contract, your are obliged to stay or pay for one. I offer 3 month or more leases, so there is no excuse for signing a one year lease and wanting to leave after 3 months. Of course, there are situations where the tenant needs to leave early due to extenuating circumstances and in such cases I am sympathetic and will try to reach a compromise. 

However, people lie, one tenant had a 3 month contract but after one month said his mother was very sick in Oz and he had to go back, I let him go, only to find he never left the country. 

Now, in genuine cases, I will discuss with the tenant and compromise, then prepare a termination agreement under which the compromise is the basis. I will hold the 1 month security deposit, but it will take at least a month to replace the tenant, so I don't make money from it. It takes a few days for clean up, repairs and replacement before I can show it. Even if I find a new tenant, they rarely want to move in immediately due to having existing lease, prepaid hotel, etc. In this case, seems the tenant wants to leave without any reason, only convenience. I don't think I'd be too sympathetic.

Edited August 31, 2023 by Older and Wiser

[Skipalongcassidy]

1 hour ago, wmlc said:

What a ridiculous comment? You don’t know the law. Why even bother posting? 
 

Landlords with five or more residential properties will now fall under the Consumer Protection Bureau’s definition of a contract controlled business. The Contract Committee issued the“Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2561 (2018)” and it was published in the Government Gazette on February 16, 2018. The new regulations will take effect on May 1, 2018. One of the new laws is the following: 

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

You are assuming that the landlord in this situation falls under this particular situation as regards this aspect of the law... my guess is that they do not as the lessee stated that his contract says nothing.

 

However if is so stated in his contract,  as you are completely guessing that it is, then pay your rent and give the proper 30 days notice and move out by all means... if not than negotiate an acceptable move out package... or be held accountable.

 

So be sure to know what you are talking about before calling someone else ignorant... 

[Older and Wiser]

2 hours ago, wmlc said:

Landlords with five or more residential properties will now fall under the Consumer Protection Bureau’s definition of a contract controlled business. The Contract Committee issued the“Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2561 (2018)” and it was published in the Government Gazette on February 16, 2018. The new regulations will take effect on May 1, 2018. One of the new regulations is: 

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

Therefore, show your lease to a lawyer to confirm there is no clause about termination in your contract. Seems odd there is not. If the landlord has less than 5 properties for rent, it’s all down to your contract. Also how many months deposit did you give? These guys that have commented actually have no idea what they are talking about. Dangers of posting these types of legal questions in a forum. Speak to a lawyer unless the deposit amount is under 10,000 Baht, as that would not be worth fighting over and let’s take a look at what the termination clause  says in your contract. The lawyer can also confirm the landlord’s property status. 

Not all conditions are stated in the contract because they are the laws (contract law) governing the contract. Such as, you signed a binding contract to stay and pay for one year. Therefore, you must pay for one year, even if you decide to leave earlier.

[The Theory]

On 8/29/2023 at 12:56 PM, zombie nights said:

Thanks any input.

It seems there are some replies by rental property owners. ????????????

[circa02]

Leave money for electric and water final bill, and forefeit the deposit, I think that's more than fair, they won't go after you too much hassle.  Make sure you're out though before you tell them.

[BusyB]

9 hours ago, RemyDog said:

Hearsay only, but I have heard that claiming there are ghosts/demons in the premises are acceptable grounds to terminate a residential lease without penalty in Thailand.

 

Could be worth a shot, especially if you look terrified when meeting with the landlord/agent and you describe your experiences and the sounds you are hearing. You initiate the meeting as the demons/ghosts are most upsetting and you got to get away from them!!

As long as they aren't the ghosts of my past I wouldn't be too worried ????

 

[FritsSikkink]

9 hours ago, RemyDog said:

Hearsay only, but I have heard that claiming there are ghosts/demons in the premises are acceptable grounds to terminate a residential lease without penalty in Thailand.

 

Could be worth a shot, especially if you look terrified when meeting with the landlord/agent and you describe your experiences and the sounds you are hearing. You initiate the meeting as the demons/ghosts are most upsetting and you got to get away from them!!

Maybe pee your pants to make it more convincing.

[steve187]

8 hours ago, nickmondo said:

well arent you a joy to be around

sometimes <deleted> happens, circumstances change

dont be such a nasty git

he may be nasty, but he is correct the OP took out a 1 year contract and i would assume he received a discount in the monthly rent as opposed to the rent on signing a shorter contract, put yourself in the owners shoe, since renting out to the person that wants to cancel , he may have missed out on a better renter, deposits are to cover damage and the last electric bills etc, not 'oh a changed my mind'

[richard_smith237]

8 hours ago, Skipalongcassidy said:

Whether (deleted) happens or not... it says allot about a person on how they honor their obligations in life... walking away is a cop out at best... working out an agreement is what mature people do.. Your (deleted) is not other peoples to deal with.

Have you ever rented a place in Thailand ???....   this 'honor' system to refer to is not something which is generally followed by landlords in Thailand the vast majority of which are not known for returning the deposit anyway.

 

You perhaps need to insert little dollop of reality into your virtue signalling.

[richard_smith237]

18 minutes ago, steve187 said:

he may be nasty, but he is correct the OP took out a 1 year contract and i would assume he received a discount in the monthly rent as opposed to the rent on signing a shorter contract, put yourself in the owners shoe, since renting out to the person that wants to cancel , he may have missed out on a better renter, deposits are to cover damage and the last electric bills etc, not 'oh a changed my mind'

That comes with the territory. 

 

Having rented out a condo in the past - if tenant renegs on the contract, they lose their deposit, thats all...

If a tenant broke the contract 2 months in suing for the extra 10 months would cost how much in lawyer fee's ??? and for what ? the tenant just to flee overseas anyway ?

 

 

[zombie nights]

9 hours ago, Ratman said:

Get a good Thai Lawyer to read the lease to you before you stop the lease..so you will know what you can and can not do 

Yes thank you. I  am currently looking to get a decent Thai lawyer to advise. Though the first one I contacted quoted me 8000 baht per hour to advise.

 

Can I thank all those above who have given my helpful input.

 

Incidentally I am the OP. One reason I need to consider ending my lease early is for health reasons. I now need to pay a 5 figure sum for medicine monthly (not covered by Insurance) and amongst other things I need to reduce my expenses including rent. I did not mention this in my original posting as my health issues are a private matter.

????

[wmlc]

12 hours ago, Older and Wiser said:

I reply as a landlord of several properties in the Philippines, different country but same problems. Firstly, the legal obligations; you signed a one year contract, your are obliged to stay or pay for one. I offer 3 month or more leases, so there is no excuse for signing a one year lease and wanting to leave after 3 months. Of course, there are situations where the tenant needs to leave early due to extenuating circumstances and in such cases I am sympathetic and will try to reach a compromise. 

However, people lie, one tenant had a 3 month contract but after one month said his mother was very sick in Oz and he had to go back, I let him go, only to find he never left the country. 

Now, in genuine cases, I will discuss with the tenant and compromise, then prepare a termination agreement under which the compromise is the basis. I will hold the 1 month security deposit, but it will take at least a month to replace the tenant, so I don't make money from it. It takes a few days for clean up, repairs and replacement before I can show it. Even if I find a new tenant, they rarely want to move in immediately due to having existing lease, prepaid hotel, etc. In this case, seems the tenant wants to leave without any reason, only convenience. I don't think I'd be too sympathetic.

You don’t know Thai law so better not say. 

[Skipalongcassidy]

16 hours ago, richard_smith237 said:

Have you ever rented a place in Thailand ???....   this 'honor' system to refer to is not something which is generally followed by landlords in Thailand the vast majority of which are not known for returning the deposit anyway.

 

You perhaps need to insert little dollop of reality into your virtue signalling.

I am a Thailand landlord and have first hand experience... but it doesn't matter who or where a person is, it still says allot about what a person is by how they handle their obligations in life... you strike me as the type of person who has no qualms about just running away... probably have never had a personal stake in anything worthwhile. 

[wmlc]

15 hours ago, zombie nights said:

Yes thank you. I  am currently looking to get a decent Thai lawyer to advise. Though the first one I contacted quoted me 8000 baht per hour to advise.

 

Can I thank all those above who have given my helpful input.

 

Incidentally I am the OP. One reason I need to consider ending my lease early is for health reasons. I now need to pay a 5 figure sum for medicine monthly (not covered by Insurance) and amongst other things I need to reduce my expenses including rent. I did not mention this in my original posting as my health issues are a private matter.

????

I’ve sent you a DM.