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A Deposit is a pledge.  

 

If you break that pledge, you're not entitled to return of your deposit.  However, it would be immoral to profit from it. I would deduct my losses from the deposit and refund the balance (if any).

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1 hour ago, champers said:

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

 

If the non-customer was a gentleman, he wouldn't pay a deposit and then expect it back again when unilaterally breaking an agreement. There is a reason why a deposit is required and it includes cases like this.

 

Depending on the timescale between deposit paid and agreement cancelled (if we're talking more than a few weeks then the deposit is definitely gone) and there is something to back up the customer's claim of refused visa, I might return at least part of the deposit.

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1 hour ago, SAFETY FIRST said:

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.

The time wasting lays on the OP, since he didn’t stipulate No Refund For Deposit. To be fair, own up to it and return the funds. Next time have some forethought and put it in writing.

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6 minutes ago, novacova said:

The time wasting lays on the OP, since he didn’t stipulate No Refund For Deposit. To be fair, own up to it and return the funds. Next time have some forethought and put it in writing.

So you are 100% certain the guy who wants his deposit back is telling the truth? 

 

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21 minutes ago, novacova said:

The time wasting lays on the OP, since he didn’t stipulate No Refund For Deposit. To be fair, own up to it and return the funds. Next time have some forethought and put it in writing.

Yep, sloppy landlord, better off without him! 

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18 minutes ago, SAFETY FIRST said:

So you are 100% certain the guy who wants his deposit back is telling the truth? 

 

Irrelevant, OP didn’t stipulate certain conditions. Therefore it’s his responsibility, he came here looking for moral business advice. 

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Speaking as a fellow landlord, I think anyone who is stupid enough to sign a rental agreement when he does not have a Visa to reside in Thialand  deserves to loose his depositt.

Could depend on what, if anyhing, renter signed, and what the landlord agreed with him.  Normlly a deposit is only offered as proof that the peson is going to honour the greement, so if he does not, then he loses the deposit..

Morally, though he pobably does not care, he should lose the deposit.   

If you, the landlord, keep the deposit, what can your renterr do?

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1 minute ago, Robin said:

Speaking as a fellow landlord, I think anyone who is stupid enough to sign a rental agreement when he does not have a Visa to reside in Thialand  deserves to loose his depositt.

Could depend on what, if anyhing, renter signed, and what the landlord agreed with him.  Normlly a deposit is only offered as proof that the peson is going to honour the greement, so if he does not, then he loses the deposit..

Morally, though he pobably does not care, he should lose the deposit.   

If you, the landlord, keep the deposit, what can your renterr do

Come  say hi, wheres my money?, when he gets here! 🤪

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1 hour ago, worgeordie said:

The OP says he had the deposit for a few days ,and in these few days has refused others

to rent, so if he has so many looking to rent ,just give the guy his deposit back , while not

legally not required to , morally its right , and your first good deed of 2024 ,

 

regards worgeordie

 

The 100% morally right thing to do is for you to refund his deadbeat tenant. 

 

Or go 50/50 with the OP?

 

Where's the money?

 

 

Regards,

 

Cheap Charlie 

Edited by Celsius
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Surely as  OP says they reached an agreement which I assume was in a written email that outlined some form of words as to deposit required, monthly rental fees, length of rental etc?  If he did then go by what was agreed to in writing.  If did not even do a basic few sentences outlining terms then it seems a little late to say oh the deposit is non refundable. 

 

But even with lack of this which is exceedingly naive I would say retain one months rent unless able to rent condo anyway and not end up with empty unit.  If able to rent then retain a small part of deposit for aggravation.

 

It is not OP fault if renter was so naive as to send off $$ for a rental before being sure he would get a visa.

 

  If  I had a dollar for every time potential or actual tenants lied to me over the years I would have a big pile of dollars to go with a lot of empty days of condos held because i was foolish enough to believe their lies.

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4 hours 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!

You're living in the past! or is it the day after the night before! :sleepy:

Edited by Negita43
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57 minutes ago, Celsius said:

 

The 100% morally right thing to do is for you to refund his deadbeat tenant. 

 

Or go 50/50 with the OP?

 

Where's the money?

 

 

Regards,

 

Cheap Charlie 

The OP had the deposit for a FEW DAYS ,that's what he said ,it's not like

he was holding the Condo for a month or two. then he would have been

able to keep the deposit , thats a given , 

 

Why should I have to refund the tenants deposit ?, really stupid of you to even suggest that ,

or even 50 /50 , why would you even post stuff like that , you need to think more carefully

before putting fingers to the keys.....it just goes to show your level of intelligence....:passifier:

 

regards worgeordie 

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6 hours 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?

 

You say; "A few days ago I reached an agreement to rent my condominium in Pattaya..."

 

You go on to say: "I, however, having his word, have lost others potential customers who could rent the apartment..."

 

If you have lost potential customers in the last few days, surely you will have more in the next few days, yes?  It sounds like you have really lost nothing. 

 

I would refund the money, or at least half of it. He gave it to you in good faith. 

 

How much was the deposit? 

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If the potential renter is that determined to reside in Thailand there are probably other ways he could do so, regardless of being refused a Visa from his local Thai Embassy. Depending on which country he comes from, he could arrive visa exempt or VOA and explore obtaining the pertinent Visa whilst in Thailand.

 

Sounds like a time waster to me making excuses. Possibly found a cheaper or preferred alternative elsewhere. 

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7 hours ago, Jan1970 said:

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?

 

So.........how many potential customers do you think you lost during the few days around new year, and without a contract?

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Suspicious with some of these posts. This guy Jan1970, first post, starts with 'thank you for accepting my membership on the forum' and talks about his real estate issue involving someone wanting a deposit back. There's a post by Robyn2222, first post, that starts as 'thank you for accepting my membership on the forum' that talks about his real estate issue where he is looking to get a deposit back. Take from that what you will. 

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End goal: Find a long term renter who is happy with your place.  Someone you trust and that is reliable. 

This person who is unable to enter Thailand is not that person.   So return it and spend your energy looking for the right person. 
You are not in the deposit penalty or legal business, you are in the long term rental business. 

 

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9 minutes ago, Hipólito said:

Find a long term renter who is happy with your place. Someone you trust and that is reliable

Where are you going to find one of the them? 

 

Scarce as hens teeth, rocking horse <deleted>. 

 

Edited by SAFETY FIRST
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