Landlord refusing to do TM30 ?

[sikishrory]

I have a 90-day report due in Phuket in about a week. It's only the second one at this address since I usually leave the country before 90 days.

 

Last time, I also got a re-entry permit at the same time and can't quite remember the requirements for the 90-day report. Is it necessary to bring a copy of the completed TM30, or does it just need to be done? Additionally, I'm unsure whether the last report at this address, made prior to my re-entering Thailand, is still valid. I've read conflicting information.

 

I attempted to complete the report online but received an email stating:

"For first-time requests of a 90-day notification in each country visit, in-person presentation at the immigration office is required."

 

Last time, the landlord (an agent representing a condo owner) was efficient and handled the process promptly. However, this time they're asking me to pay them to do it.

 

Legally, it is the landlord's responsibility to submit the TM30, and they can (apparently) be fined 800 - 2000 baht if they fail to do so. In my view, asking for payment for a service they are required to perform is exploitative and borders on extortion.

 

Has anyone else experienced this? What is the best course of action? I'm considering seeking legal advice but wanted to check if there's an easier solution.

 

I should mention that I've seen signs about TM30 reporting in the condo lift before but haven't looked closely. Is it possible the condo management can handle the TM30 reporting and bypass the landlord? I plan to ask them later today.

[sikishrory]

I should have mentioned. Re-entered on the same multiple entry visa I had last time TM30 was filed, using a multiple entry re-entry permit.

[mokwit]

14 minutes ago, sikishrory said:

Is it possible the condo management can handle the TM30 reporting and bypass the landlord?

No. They are not the owner/housemaster/possessor and don't have the required documents. People who say they can are probably confusing condo (individual owners) with apartment (one owner).

 

[steve187]

op your post is a little bit confusing, but i will try and give you some help. On entering Thailand your 90 day report is reset, and arrival is day one of your latest 90 day report,

if you enter on the same visa as your last tm30 then normally there is no need to do another one, any tm30 is stapled in the rear of your passport.

 

 

[MalcolmB]

Tell the landlord you will have to move out immediately because he can’t do it and that is the law and you are sorry.

[novacova]

5 hours ago, sikishrory said:

Last time, I also got a re-entry permit at the same time and can't quite remember the requirements for the 90-day report. Is it necessary to bring a copy of the completed TM30

No, a copy of the th30 is not required when reporting a 90 day. 

 

5 hours ago, sikishrory said:

I'm unsure whether the last report at this address, made prior to my re-entering Thailand, is still valid.

Since you were stamped in on a re-entry permit, your address is still valid. One way to check is to go to the IO and get a tm30 receipt, if they say you are not in the system then you need to file a tm47, a whole other can of worms to deal with that seems like a difficult situation from your OP. 

[Foxx]

3 hours ago, steve187 said:

op your post is a little bit confusing, but i will try and give you some help. On entering Thailand your 90 day report is reset, and arrival is day one of your latest 90 day report,

if you enter on the same visa as your last tm30 then normally there is no need to do another one, any tm30 is stapled in the rear of your passport.

 

 

 

The OP is a bit confusing? You're the one who appears to be confused.  I've never heard of a TM30 being stapled into one's passport.  TM47, yes.

There is no tie between TM30 and one's visa.

[scubascuba3]

Something that should have been agreed with the Landlord upfront. Move out or check in to a hotel 1 or 2 nights, check if they do the TM30 automatically 

[Dan O]

1 hour ago, Foxx said:

 

The OP is a bit confusing? You're the one who appears to be confused.  I've never heard of a TM30 being stapled into one's passport.  TM47, yes.

There is no tie between TM30 and one's visa.

I have both stapled in the back of my passport by imm each renewal.

[Dan O]

5 hours ago, MalcolmB said:

Tell the landlord you will have to move out immediately because he can’t do it and that is the law and you are sorry.

I dont believe that's completely accurate as to the requirement or "law" as you put it.  The Homeowner, Landlord or Master of the House (renter) can be responsible to file a TM30 You still need the hose book and id copy of the owner to file it. 

[Liquorice]

10 hours ago, sikishrory said:

Last time, I also got a re-entry permit at the same time and can't quite remember the requirements for the 90-day report. Is it necessary to bring a copy of the completed TM30, or does it just need to be done? Additionally, I'm unsure whether the last report at this address, made prior to my re-entering Thailand, is still valid. I've read conflicting information.

If you've previously submitted a 90-day report at your current address, then a TM30 must have been previously filled.

 

10 hours ago, sikishrory said:

Legally, it is the landlord's responsibility to submit the TM30, and they can (apparently) be fined 800 - 2000 baht if they fail to do so. In my view, asking for payment for a service they are required to perform is exploitative and borders on extortion.

No it isn't!

Legally it's the responsibility of any persons who is the chief possessor of a house, whether in the capacity of owner, tenant, or in any other capacity whatsoever.

You, as the tenant and main possessor can file a TM30, but require the Tabien Baan and ID card off the owner, which the Condo management should be able to assist with.

[Maestro]

11 hours ago, steve187 said:

...If you enter on the same visa as your last tm30 then normally there is no need to do another one, any tm30 is stapled in the rear of your passport.

 

Not all immigration offices handle it the same way. Unless your comment is about the Phuket immigration office, your post is off topic.

[Maestro]

7 hours ago, novacova said:

No, a copy of the th30 is not required when reporting a 90 day. 

 

Not all immigration offices handle it the same way. Unless your comment is about the Phuket immigration office, your post is off topic.

[Maestro]

7 hours ago, Foxx said:

 

The OP is a bit confusing? You're the one who appears to be confused.  I've never heard of a TM30 being stapled into one's passport.  TM47, yes.

There is no tie between TM30 and one's visa.

 

Not all immigration offices handle it the same way. Unless your comment is about the Phuket immigration office, your post is off topic.

[Maestro]

5 hours ago, Dan O said:

...I have both stapled in the back of my passport by imm each renewal.

 

Not all immigration offices handle it the same way. Unless your comment is about the Phuket immigration office, your post is off topic.

[Rob Browder]

16 hours ago, sikishrory said:

Is it possible the condo management can handle the TM30 reporting and bypass the landlord?

In some cases, condo-management handles rentals for owners, and have the needed documents.  This was done for for me, before - but I also paid my rent at the condo-office.  If you have a separate agent (not condo-mgmt), this is less likely - but cannot hurt to ask.

[ChipButty]

The easiest thing to do if you are running out of time is to book a hotel for a couple days, but make sure the will do the TM-30 even some small hotels dont do it, 

[Dan O]

Seems were cracking down as many comments are off topic in this thread

[StayinThailand2much]

23 hours ago, novacova said:

No, a copy of the th30 is not required when reporting a 90 day. 

 

For the first such report (at a new address) this may be required. Watch out, if your landlord didn't do the TM.30. - Immigration may fine you, while giving a rat's a** what the landlord did, or didn't do...

[IvorBiggun2]

22 hours ago, Foxx said:

I've never heard of a TM30 being stapled into one's passport.  TM47, yes.

Mine is stapled in the back of my passport.

[IvorBiggun2]

Who actually decides whether to fine the landlord or traveler for failing to submit a TM30? Chances of landlord voluntary going to IO is 'very very' slim. Chance of farang going voluntary 'very very' highly likely. So easier to fine the farang rather than the Thai. Due to that no landlord is going to bother doing a TM30. It's one big copout

[JimTripper]

23 hours ago, scubascuba3 said:

Something that should have been agreed with the Landlord upfront. Move out or check in to a hotel 1 or 2 nights, check if they do the TM30 automatically 

Agreeing to do it and actually doing it are very different things.

[mokwit]

1 hour ago, JimTripper said:

Agreeing to do it and actually doing it are very different things.

I wonder how many people have requested that TM30 docs are provided at the lease signing and when it comes to it be told "I've been renting out for 30 years, you don't need a TM30". Makes moving apartments a crapshoot.

[JimTripper]

16 minutes ago, mokwit said:

I wonder how many people have requested that TM30 docs are provided at the lease signing and when it comes to it be told "I've been renting out for 30 years, you don't need a TM30". Makes moving apartments a crapshoot.

That, and also it seems like you always need more paperwork somehow. If you're dilligent things change and it's never sufficient. I have not found verbal promises to be especially binding here, but I depends on who you are dealing with I suppose.

[mokwit]

1 minute ago, JimTripper said:

That, and also it seems like you always need more paperwork somehow. If you're dilligent things change and it's never sufficient.

Meanwhile those on the new 5 year/180 visa will be able to stay 5 years in Thailand without ever reporting their address..................

[NativeBob]

4 minutes ago, mokwit said:

Meanwhile those on the new 5 year/180 visa will be able to stay 5 years in Thailand without ever reporting their address..................

Seriously? 

[mokwit]

3 minutes ago, NativeBob said:

Seriously? 

Don't see how they would have to IF they went out every 180 days rather than extending (once) at Immigration. Unless you go to Immigration you are under the radar. there is no check on exit.

[NativeBob]

9 minutes ago, mokwit said:

Don't see how they would have to IF they went out every 180 days rather than extending (once) at Immigration. Unless you go to Immigration you are under the radar. there is no check on exit.

Makes sense indeed. 

[Rob Browder]

7 hours ago, mokwit said:

I wonder how many people have requested that TM30 docs are provided at the lease signing and when it comes to it be told "I've been renting out for 30 years, you don't need a TM30". Makes moving apartments a crapshoot.

The main things needed are just 3 copies one needs to report themselves, so it is not a landlord-problem - the landlord's ID plus the house-book and chanote for the residence - all signed by the landlord.  They can draw lines across these copies saying "Only for immigration purposes," to assuage any fears they have about sharing these.

[soi3eddie]

The are three reasons for not filing a TM30. Landlord is not declaring the rental for tax, landlord is lazy or landlord has some other issue with authorities/ownership of the property. Please, please, all folks here, save yourselves a huge amount of butt hurt by insisting that landlord supplies you with the required and signed copies of their ID card and Blue book before paying the deposit to rent from them. After all, they want a copy of your passport!