Mine and others' rights.

[Jan1970]

Thank you for accepting my membership in the forum and I wish everyone a good 2024.
A few days ago I reached an agreement to rent my condominium in Pattaya, but yesterday, whoever was planning to rent it, communicated to me his decision to no longer want to rent it as the Embassy of his country denied the visa for which he had made the application, so his plans are changed. Now, he wants the deposit  back: here is no written contract and no agreement on both sides in case of my or his impediment to rent the property: I, however, having his word, have lost others potential customers who could rent the apartment, even for a longer period than he had asked me. Is he entitled to get his deposit back?

[champers]

If you are a gentleman you will give it back, if you are a scoundrel you will keep it.

[JBChiangRai]

No

[novacova]

9 minutes ago, Jan1970 said:

Thank you for accepting my membership in the forum and I wish everyone a good 2024.
A few days ago I reached an agreement to rent my condominium in Pattaya, but yesterday, whoever was planning to rent it, communicated to me his decision to no longer want to rent it as the Embassy of his country denied the visa for which he had made the application, so his plans are changed. Now, he wants the deposit  back: here is no written contract and no agreement on both sides in case of my or his impediment to rent the property: I, however, having his word, have lost others potential customers who could rent the apartment, even for a longer period than he had asked me. Is he entitled to get his deposit back?

Just return his money, no sense in being greedy. I’m sure you’ll have no problem renting it out.

[Lacessit]

Negotiate. Point out to him you have lost other potential renters by reserving the condo for him.

It's not his fault the visa was denied, that's force majeure. Morally, you should return his deposit. Legally, it's murky.

[KhunLA]

Depends how many months deposit.  If you can't rent it out, immediately, or within 1 month, I'd keep 1 month, for compensation, and if still not rented (if you had viable renters wanting, prior to his deposit) keep the rest until rented.

 

Return only what you didn't lose.  The fault is his, not yours, so why should you lose money for his stupidity.

 

In the future, you may want to keep the previous inquirer's contact info, for just such an occurrence, as may still be looking & interested.  

Edited January 1 by KhunLA

[Olmate]

Assume its say 5k as holding deposit, not 1 or 2 mths rent as in security, no receipt??, I would return it. Happy 2004!

Edited January 1 by Olmate
Add

[bigt3116]

30 minutes ago, Jan1970 said:

no longer want to rent it as the Embassy of his country denied the visa for which he had made the application,

 

Makes no sense at all, how on earth could he apply at his own country's embassy for a visa, for his own country, as that is all they issue?

[UWEB]

2 minutes ago, Olmate said:

Assume its say 5k as holding deposit, not 1 or 2 mths rent as in security, no receipt??, I would return it. Happy 2004!

A bit late??

[Dante99]

33 minutes ago, Jan1970 said:

as the Embassy of his country denied the visa for which he had made the application,

The Embassy of his country was going to issue him a visa for Thailand?

[Olmate]

5 minutes ago, UWEB said:

A bit late??

I was wishing 🎉

[Olmate]

7 minutes ago, Dante99 said:

The Embassy of his country was going to issue him a visa for Thailand?

So no clue what he meant then? 

[CharlieH]

Depends how he paid you ?

 

Credit card and it may be charged back and that will cost you more.

[NanLaew]

38 minutes ago, champers said:

If you are a gentleman you will give it back, if you are a scoundrel you will keep it.

 

Note that a noisome few of the forum's membership consider anyone residing in Pattaya to be of the latter persuasion.

 

38 minutes ago, JBChiangRai said:

No

 

There's evidence there are also scoundrels living elsewhere in this Blighted Realm.

[SAFETY FIRST]

56 minutes ago, Jan1970 said:

Thank you for accepting my membership in the forum and I wish everyone a good 2024.
A few days ago I reached an agreement to rent my condominium in Pattaya, but yesterday, whoever was planning to rent it, communicated to me his decision to no longer want to rent it as the Embassy of his country denied the visa for which he had made the application, so his plans are changed. Now, he wants the deposit  back: here is no written contract and no agreement on both sides in case of my or his impediment to rent the property: I, however, having his word, have lost others potential customers who could rent the apartment, even for a longer period than he had asked me. Is he entitled to get his deposit back?

Ask to see his documents regarding denied visa.

 

He could be a typical time waster or found something cheaper etc., now you are out of pocket because of his cancelation. 

 

I've been screwed a few times by foreigners here in Thailand.

Sadly, finding a good foreigner is Thailand is very rare these days. 

 

 

 

Edited January 1 by SAFETY FIRST

[NanLaew]

7 minutes ago, Olmate said:

17 minutes ago, Dante99 said:

The Embassy of his country was going to issue him a visa for Thailand?

So no clue what he meant then? 

 

For this morning's pedants, it is pretty obvious that the OP's erstwhile tenant was applying for a Thai visa at the Thai Embassy or Consulate in the foreign country where he lives.

[NanLaew]

2 minutes ago, SAFETY FIRST said:

Ask to see his documents regarding denied visa.

 

He could be a typical time waster or found something cheaper etc., now you are out of pocket because of his cancelation. 

 

 

Out of pocket? How?

[KannikaP]

21 minutes ago, Dante99 said:

The Embassy of his country was going to issue him a visa for Thailand?

II think he really meant the Thai Embassy in his country.

 

Sorry Nan, you said it before me.

Edited January 1 by KannikaP

[SAFETY FIRST]

2 minutes ago, NanLaew said:

 

Out of pocket? How?

 

57 minutes ago, Jan1970 said:

however, having his word, have lost others potential customers

Did you not read the posting? 

 

[NanLaew]

2 minutes ago, SAFETY FIRST said:

5 minutes ago, NanLaew said:

 

Out of pocket? How?

 

1 hour ago, Jan1970 said:

however, having his word, have lost others potential customers

Did you not read the posting? 

 

So the OP is potentially out of pocket.

 

Hope this helps.

[SAFETY FIRST]

5 minutes ago, NanLaew said:

 

So the OP is potentially out of pocket.

Yes, who knows how much money the OP has lost due to this time waster. 

 

If you put a deposit down then renege, be prepared to lose your deposit. 

 

Edited January 1 by SAFETY FIRST

[brianthainess]

Maybe Putin won't let him leave, as he just got his callup papers. 

[BangkokHank]

The purpose of the deposit was to have the owner hold the condo for the person making the deposit, rather than renting it out to somebody else. The condo owner did his part. The person making the deposit did not uphold his part of the agreement, whether it was his fault or not. As such, the condo owner has every right to keep the money. He doesn't have to keep it, but he has the right to. If I were him, I would try to rent the condo out to someone else - and then keep the amount of the deposit that I had lost in the transaction with the original depositor. Under no circumstances should the condo owner lose money over the renter's inability to get a visa.

[StayinThailand2much]

1 hour ago, champers said:

If you are a gentleman you will give it back, if you are a scoundrel you will keep it.

 

100% agree. I doubt that the other party can enforce the return of the deposit. If people are unable to travel, a gentleman and good businessman should return it, if only to not lose a potential customer for future business.

 

(During the pandemic, 99% of companies refunded, one way or the other, my numerous cancelled travel bookings, with the exception of one black sheep; an airline based in Kuala Lumpur with the word 'Asia' in its name, still owing me to this day 13,000 baht for flights they cancelled. I wouldn't fly with them again if they paid me to.)

Edited January 1 by StayinThailand2much

[Fab5BKK]

Two points to be considered:
1. Ethics (= is it morally OK to act in a certain way?)

2. Law (in this case, concept of "Force Majeure")

Edited January 1 by Fab5BKK

[SAFETY FIRST]

2 minutes ago, Fab5BKK said:

Just 2 points:
1. Ethics (= is it morally OK to act in a certain way?)

2. Law (in this case, concept of "Force Majeure")

Its clear the OP has ethics from his posting. 

 

We don't know if the guy who was denied the visa is telling the truth, maybe he's just a time wasting scammer. 

 

Edited January 1 by SAFETY FIRST

[Fab5BKK]

Just now, SAFETY FIRST said:

It clear the OP has ethics from his posting. 

 

We don't know if the guy who was denied the visa is telling the truth, maybe he's just a time wasting scammer. 

 

If you know the case better... Happy New Year!

[Olmate]

4 minutes ago, SAFETY FIRST said:

Its clear the OP has ethics from his posting. 

 

We don't know if the guy who was denied the visa is telling the truth, maybe he's just a time wasting scammer. 

 

Paid to scam or get scammed? Duh! 

[SAFETY FIRST]

2 minutes ago, Olmate said:

Paid to scam or get scammed? Duh! 

He's reneged on the contract, now asking for money back. 

 

What do you reckon? 

 

[Celsius]

Him not getting a visa is none of your problems or business.

 

You were saving the spot for him and you lost the potential customers.

 

You keep 1 month rent.

 

Funny how when you deal with a business they would keep the deposit no questions asked and then probably sue you for breaking the contract, yet we have some here that obviously sound like woke millennials trying to convince you otherwise.