Help!, Girlfriend just had lease cancelled with one day notice

[cjinchiangrai]

What are the normal termination term for renting a condo? One day notice when payments are up to date does not seem reasonable. Every lease I ever had was at least a month, both ways. Does anyone know Thai tenancy laws?

 

Moving is not the issue as much as the timing.

[Shop mak]

Some info missing here.

1) Condo or Apartment?

2) Have a lease contract?

3) If she have paid rent on time, what reason has she's been told for only 1 day to move out?

 

Condos has written lease agreements. Rules for early termination should be clearly written in the contract.

Only a few actions by tenants gives the landlord the possibility to terminate the contract early.

Lack of payment, severe damage to the unit, drug use, other criminal activity inside the unit or on the property, altered the unit against rules in lease contract.

 

Read or upload a copy of the Lease.

 

Apartments often has no lease contract, still 7-15 days seems to be the norm for unpaid rent, unless anything else in writing.

 

You need to get more information from her.

1 day to get out, is not normal here.

 

Some property expert should be around soon

[CharlieH]

More info needed, but in very general terms, whatever the deposit period is generally the notice period unless specified in a written lease/agreement.

 

One month deposit one month termination either side is the standard unless there is a breach somewhere.

[CanadaSam]

Shop mak is bang on, no way anybody can give you solid advice without more details!  But on the face of it, it seems illegal.

[bob smith]

Always buy, never rent.

 

when you rent you have to deal with a landlord, no such worry when you own a property out right. 

[FritsSikkink]

Normally 1 month, what does the contract say?

What reason was mentioned to stop the lease?

[Pouatchee]

8 minutes ago, bob smith said:

Always buy, never rent.

 

when you rent you have to deal with a landlord, no such worry when you own a property out right. 

yeah right. 

works for condo not a house.

if your wife or gf owns the house you might have problems

wife can always be taken to court. gf is more difficult. you need a good paper trail

[atpeace]

6 minutes ago, bob smith said:

Always buy, never rent.

 

when you rent you have to deal with a landlord, no such worry when you own a property out right. 

Agreed, but the landlord is replaced with neighbors which are much more complicated to deal with because you can't just move.  Also had a beautiful view at my condo I owned but a developer paid off someone important and an illegal  30 story building ( 7 floors were the max allowed) was build that blocked much of the view.  I gave the condo to my ex in the divorce at the purchase price 🙂

[TimeMachine]

Who has the upper hand? Ultimately, either police or condo security will be involved. If you can get the upper hand with them then legality of the 1 month rule will probably be in your favour and they will tell the owner to shut up and go away. If the owner has police friends or are friendly with condo staff, they will most likely unfairly escort u out the building. There is little chance they will follow Thai written law. 

[ChipButty]

My wife is always cancelling my lease she give me an hour to get out, 

[gargamon]

Your GF wants you gone. By tomorrow. What did you do? 

[FritsSikkink]

16 minutes ago, gargamon said:

Your GF wants you gone. By tomorrow. What did you do? 

Or she wants to move in with him.

[yeahbutif]

Could it be she had a one year lease? And times up? End of contract? If she wanted to stay maybe she should have asked.

[cjinchiangrai]

5 hours ago, gargamon said:

Your GF wants you gone. By tomorrow. What did you do? 

Not me.

[cjinchiangrai]

6 hours ago, Shop mak said:

Some info missing here.

1) Condo or Apartment?

2) Have a lease contract?

3) If she have paid rent on time, what reason has she's been told for only 1 day to move out?

 

Condos has written lease agreements. Rules for early termination should be clearly written in the contract.

Only a few actions by tenants gives the landlord the possibility to terminate the contract early.

Lack of payment, severe damage to the unit, drug use, other criminal activity inside the unit or on the property, altered the unit against rules in lease contract.

 

Read or upload a copy of the Lease.

 

Apartments often has no lease contract, still 7-15 days seems to be the norm for unpaid rent, unless anything else in writing.

 

You need to get more information from her.

1 day to get out, is not normal here.

 

Some property expert should be around soon

OK, it is a condo that they want to sell.

She has been staying there for several years.

She is a reasonable tenant that does not trash her home and pays consistently.

Mature adult with grown kids, no booze, no drugs, no stupid.

I can't help much with a Thai lease, I know some people that might be able to help there though.

 

She has an opportunity to occupy a smaller unit in the building but it is not the unit she rented.

 

[Shop mak]

@ThaiLawOnline 

maybe you can give advice?

 

Edited October 31, 2023 by Shop mak

[Shop mak]

OP, does she have a written lease contract or not?

 

The landlord would normally negotiate with the tenant to move out early within 30-90 days, in return for not pay rent last month(s). But next day .....

 

What does the lease contract say?

[scorecard]

Lots of replies but the original poster is 'asleep'.

 

Further, many replies asked for details of lease / agreement etc., no replies, so how can you (original poster) expect any real answers.

 

Waste of time.

[ThaiLawOnline]

 

First, you must look at the contract. It is normally always written in about any lease contract that I have seen. If not, maybe 560 or 566 of the Commercial and Civil Code would apply. One day is not reasonable.

 

Second, you can look at the law:

 

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 tenant that payment is required within a period not less than fifteen days.

 

Section 566. If no period is agreed upon or presumed, either party may terminate the contract of hire at the end of each period for the payment of rent, provided that notice of at least one rent period is given, but no more than two months notice need be given.

 

There is also the consumer protection act that gives additional protections. This includes the right to clear and concise information about products and services, as well as the right to fair and reasonable terms and conditions in contracts. 

 

There is also a new law since 2018 when tenants have many units. 

https://www.khaosodenglish.com/news/2018/03/13/thai-law-what-landlords-must-quickly-do-or-go-to-jail/