possible to break a lease contract ?

[domdom]

Hello

I read that the new law regarding lease contracts (a few years ago already) only applies for landlords having 5 or more properties they rent out.. Is it so or does it apply also to other landlords ? Is there a precise law regarding the lease contracts (receipts to issue, payments to do and possibility of breaching the contract for lack of maintenance or the landlord) ?

When having a contract which doesn't have a breach procedure, how is it possible to handle this ? (the above law says the contract can be resumed with 1 month notification)

if going to court will the fact that the property is in bad state, with frequent problems and partly not usable (bathtub etc..) be taken into account ?

Thank you very much

[kingstonkid]

49 minutes ago, domdom said:

Hello

I read that the new law regarding lease contracts (a few years ago already) only applies for landlords having 5 or more properties they rent out.. Is it so or does it apply also to other landlords ? Is there a precise law regarding the lease contracts (receipts to issue, payments to do and possibility of breaching the contract for lack of maintenance or the landlord) ?

When having a contract which doesn't have a breach procedure, how is it possible to handle this ? (the above law says the contract can be resumed with 1 month notification)

if going to court will the fact that the property is in bad state, with frequent problems and partly not usable (bathtub etc..) be taken into account ?

Thank you very much

 

That has all been covered in my rental agreements that I have signed.

[couchpotato]

1 hour ago, domdom said:

Hello

I read that the new law regarding lease contracts (a few years ago already) only applies for landlords having 5 or more properties they rent out.. Is it so or does it apply also to other landlords ? Is there a precise law regarding the lease contracts (receipts to issue, payments to do and possibility of breaching the contract for lack of maintenance or the landlord) ?

When having a contract which doesn't have a breach procedure, how is it possible to handle this ? (the above law says the contract can be resumed with 1 month notification)

if going to court will the fact that the property is in bad state, with frequent problems and partly not usable (bathtub etc..) be taken into account ?

Thank you very much

This post is not understandable. If you want help, then rewrite your post and make perfectly clear what you are trying to ask.

[Yellowtail]

19 minutes ago, couchpotato said:

This post is not understandable. If you want help, then rewrite your post and make perfectly clear what you are trying to ask.

Sounds like he wants to break his lease. 

 

Why not tell the landlord you have to move and ask them? 

[timendres]

1 hour ago, domdom said:

if going to court

 

Unless your deposit is more than 100,000 THB, simply moving out and abandoning your deposit is going to be much cheaper than "going to court".

[domdom]

Hello

I don't wish to go to court buy landlord could as I have a long term lease and he won't easily find a new tenant mainly with the property issues.. I found another condo in the same building so I won't be difficult to locate..

As it seems someone doesn't understand my post my questions are

. Is there a law about leasing contracts and is the law I found only applicable for landlords renting more than 5 properties

. On a 2 years contract without any info saying how to break the contract is it possible to do it, of course sending a notice

. Is the bad state of some appliances (bathtub etc..) a cause of breach

Thank you

[worgeordie]

Yes you can break your lease , but you will lose your deposit , it seems you

want to break the lease because you have found a better Condo, maybe cheaper

 

You speak about the bad state of some appliances (bathroom) , did not not check

the Condo and everything in it before signing contract ? , yes there are conditions

that landlords with 5 properties or more have to abide by , BUT try getting them

enforced, 

 

regards worgeordie

 

 

[timendres]

26 minutes ago, domdom said:

Is there a law about leasing contracts and is the law I found only applicable for landlords renting more than 5 properties

 

You are probably referring to the law passed some years ago that placed restrictions (like only one month deposit, etc.) on landlords. That law does only apply to landlords with 5 or more properties. Here is a law firm's take on that law: https://www.sunbeltasia.com/new-rental-laws-in-thailand

 

29 minutes ago, domdom said:

On a 2 years contract without any info saying how to break the contract is it possible to do it, of course sending a notice

 

Aside from the above regulations, the only means of breaking a lease are contained within the lease itself. My leases all have a "livable" clause, meaning that if the property becomes "unlivable", the lease can be terminated without penalty.

 

30 minutes ago, domdom said:

Is the bad state of some appliances (bathtub etc..) a cause of breach

 

This would need to be addressed in the lease. "Bad state" is generally not going to fall under any clause for termination. Unless it causes the property to be "unlivable".

 

If this were me, I would talk to the landlord and explain what you think needs to be addressed. Explain that you will need to relocate if the issues are not addressed, and that you are willing to abandon the deposit. This will hopefully get some attention and generate action by the landlord to correct matters.

[brianthainess]

1 hour ago, timendres said:

 

Unless your deposit is more than 100,000 THB, simply moving out and abandoning your deposit is going to be much cheaper than "going to court".

Be a lot cheaper just to fit a new bath.

[LOG54]

Thank you very much..That is what I unfortunately thought..

My mistake to have trusted the guy (farang) and invested in his property only based on promises he made and he doesn't respect now.

Have a good day

[LOG54]

Sorry.. by mistake answered from my partner account.. we are both in the same boat..Thank you

Have a good weekend 

[NanLaew]

The OP appears to be in a unit that requires some repair and maintenance and suggests that the landlord, despite being made aware of this, hasn't done anything.

 

Correct?

 

The OP has only mentioned the "bathtub" twice.

 

1 - Has this been raised with the landlord?

2 - Has the landlord made any comment or promised anything to resolve this?

3 - Has the landlord made repairs, but they have not resolved the issue?

 

Is there anything else that needs the landlords attention?

 

The OP has already set his sights on another, better unit. Better may include having features and fittings of a higher quality or standard and thus 'better value' when comparing the rent. Maybe it was recently remodelled? This shouldn't be seen as a contributing reason for seeking early termination of the current lease. We all want the latest model of car or phone but aren't entitled to get it just because our old one isn't up-to-date.

 

If the lease doesn't have any specific termination clause and details of how that affects any deposit held by the landlord (the OP is light on such details), the assumption is that he can give reasonable notice and vacate. Subsequent posts suggest that the OP doesn't think the landlord will refund anything? If there's also nothing in the signed lease that says he cannot do this, then he can.

 

Not sure about tenants being charged rent for units they have vacated until the landlord secures a new tenant. I saw this mentioned in another, earlier "deposit quandary" thread. Is that common? I've never seen that in any leases I have signed, but maybe it's a "condo thing"? Or even a "farang condo landlord thing"? My leases have been for houses, not condos and only with Thai landlords.

Edited February 3 by NanLaew

[Chris Daley]

Run the contract the end and say thank you.  Thats a great way to break a contract.

[domdom]

Again thanks a lot..

I agree we should have been much more specific when signing and later.. our mistake.. 

FYI 3 years contract 2 months deposit, rent due by trimester in advance.. no clause inside allowing to breach the contract..only less than a year contract already

We spent more than 150.000 bahts of our own money in condo renovations based on the fact we "could rent as long as we wanted as he wished to rent and no more to sell".. just to be informed he decided to put it for sale again.

Work we did and money we spent were not important on long term..

Our mistake.. we shouldn't have trusted him.. Thought I had no legal way to breach the contract but just wanted to be sure.. thanks for your help.

Have a good day

Edited February 3 by domdom

[iaminwa]

I would just move out, but further away than the same condo building.

 

Don't worry about a Farang threatening you to take it to court - it wont happen.

 

He probably does not have a permit to get income from a rental in Thailand and not paying any taxes to the government anyway.

Edited February 6 by iaminwa

[domdom]

Hello

Yes..I am sure he doesn't pay any tax.. we sent a registered letter reminding him he said he had removed the condo from the sale and expect his answer.

Our problem is that we like the residence....

Anyway we can also play the same game.. not allow visits..if not happy then he has to break the contract.. and we will leave..

Let s see what he will answer..but already he sent a SMS saying he doesn't want us to leave at all.. 

He wants to play on both sides..get the rent as before we entered here he had an extremely high debt in expenses maintenance with the condominium which he paid with our loan, and try to sell ..

Let s see how it goes on

Have an excellent day 

[thailand49]

You are making something out of nothing asking about so call laws.

 

First, how long have you been in this unit since you are still under contract?  4 months 6,8, funny if so did all of a sudden the place is falling apart? Or as you noted you like the resident jump into the contract now see something better and want out?

 

If as bad as noted repairs arent made the contract has already been voided!

Two, a guy as you stated wont fix something most likely isnt going to take you to court. The fact your are interested in another unit same building having access to you can be a problem. One thing for sure this is the type of owner wont give your deposit back no matter what!

Personal just give him notice fail to act on contract before you do make sure your new contract you cover what you fail to do the first time.

 

 

 

[domdom]

You are right.. To explain what we didn't do at first (but it is our mistake as said) we have sold our apartment in another condo and the buyer wanted it immediately (1 week) so we were in a big rush to find something and move out..

Making improvements at our cost if we could stay "as long as we wanted" was not a big deal..it is now as the condo is put for sale..

Let's see how things will move

Best regards 

 

 

[john donson]

I personally knew a brit, broke his contract, thought he just lose 2 months deposit... landlord took him to court, he was made to pay the remaining months left... and could not leave thailand before it was settled...

[mrwebb8825]

On 2/2/2024 at 10:34 PM, domdom said:

Hello

I read that the new law regarding lease contracts (a few years ago already) only applies for landlords having 5 or more properties they rent out.. Is it so or does it apply also to other landlords ? Is there a precise law regarding the lease contracts (receipts to issue, payments to do and possibility of breaching the contract for lack of maintenance or the landlord) ?

When having a contract which doesn't have a breach procedure, how is it possible to handle this ? (the above law says the contract can be resumed with 1 month notification)

if going to court will the fact that the property is in bad state, with frequent problems and partly not usable (bathtub etc..) be taken into account ?

Thank you very much

If you go to court as a foreigner vs a Thai the judge will ask you if the property was in this condition when you moved in.

If you say "Yes" he will call you an idiot and tell you to pay the contract in full and suggest you move.

If you say "No" he will tell you to pay for repairing the damage you've done and pay your contract in full.

[domdom]

Owner is farang..

I think now some people gave right inputs and subject might now be closed by moderators

Have a good day

 

[Rampant Rabbit]

whatever  happened to honouring a  contract in this  world?