Need Help With Lease Problem

[JimTripper]

My lease expires in less then a month. I contacted both the landlord and the real estate agent and expressed by desire to renew.

 

The landlord told me privately that she would prefer that I tell the real estate agent that I moved out so she did not have to pay their fee for a new lease renewal, and that I just keep paying rent as usual and could remain in the unit.

 

I'm worried about getting the deposit back at some point if I'm not on a lease and the real estate agent is out of the picture. It also feels weird to not have a lease. I have never met the landlord and only send line messages. It's just a line contact the juristic person here gave me. Also, I paid the deposit in cash to the real estate agent initially.

 

The agent is trying to do a lease renewal but the landlord has not signed off and I'm running out of time to find a new condo. It's also unclear if the lease expires or if it self-renews. It says to give 30 days notice to move out, but also says contact the agent to renew.

 

Should I just move out if the lease is not signed by the expiration date or stay and keep paying rent?

Edited 5 hours ago by JimTripper

[Celsius]

If landlords is so cheap to screw the agent, I expect you will not be getting your deposit back if you move out now.

[JimTripper]

11 minutes ago, Celsius said:

If landlords is so cheap to screw the agent, I expect you will not be getting your deposit back if you move out now.

There might be a problem between the agent and the landlord. Initially, I just communicated through the agent.

 

Then the juristic person here contacted me and wanted my Line or phone number for the owner. He said, the owner communicated to him that the agent would not answer their messages. So I got caught in a triangle of sorts.

 

That's about the last thing I want to do in Thailand with someone holding my deposit (30k).

Edited 5 hours ago by JimTripper

[dddave]

Most landlords have to pay an ongoing share of the rent to the agent so your landlord is likely trying to duck that monthly payment.

You would have to depend on the landlord for the documents needed for your TM-30, not easy without a copy of the lease.

When my condo owner started renting to me directly after my original lease expired, we still paid another agent to draw up a legal lease so I would have the document.   The original agent wasn't happy but couldn't do anything about it.  She had lied to him about the original rent I was paying and pocketing the difference.

[JimTripper]

10 minutes ago, dddave said:

Most landlords have to pay an ongoing share of the rent to the agent so your landlord is likely trying to duck that monthly payment.

You would have to depend on the landlord for the documents needed for your TM-30, not easy without a copy of the lease.

When my condo owner started renting to me directly after my original lease expired, we still paid another agent to draw up a legal lease so I would have the document.   The original agent wasn't happy but couldn't do anything about it.  She had lied to him about the original rent I was paying and pocketing the difference.

Who do you think is actually holding the deposit, the agent or the landlord?

[JBChiangRai]

Your lease should be with the landlord not the agent. It’s not valid if it’s with the agent.

 

I don’t use agent’s contracts, I write my own and I renew directly with tenants after the first year and I do not pay Agent commission for the second and subsequent years because they do no work for it as it’s my contract.

[CanadaSam]

I would first consult to owner to confirm that they have your deposit.

 

If so, then draw up a simple lease and sign directly with landlord.

 

If not, then you have a problem as agent will want  to see empty, clean condo before returning your deposit.

[JimTripper]

12 minutes ago, JBChiangRai said:

Your lease should be with the landlord not the agent. It’s not valid if it’s with the agent.

 

I don’t use agent’s contracts, I write my own and I renew directly with tenants after the first year and I do not pay Agent commission for the second and subsequent years because they do no work for it as it’s my contract.

I agree. The only reason I would want to renew through the agent is the leverage factor in getting the deposit back. It looks like they are listed as a third party or witness on the lease, not the principal.

 

They take pictures before and after and document it all. If the deposit is not returned for a good reason their reputation is at stake. They may also pressure the landlord legally to return the deposit, but I'm not sure. If I'm not drawn up on a current dated lease with them as a third party I think I'm on my own though.

Edited 4 hours ago by JimTripper

[Liverpool Lou]

34 minutes ago, dddave said:

Most landlords have to pay an ongoing share of the rent to the agent

No, they do not.  Agents  are remunerated with (usually) one month's rent at the start of the lease period, they do not get ongoing commission throughout the period as your comment suggested.

[Dante99]

to extend your stay just make a simple lease with your landlord showing that the 30k deposit is made already and the landlord acknowledges receipt.

 

If the landlord signs that lease you are good to go

 

Do not think you have a problem when you do not really know.  

[scubascuba3]

Get a new lease agreement with the landlord, if he can't do that continue with the old agent process

[MadAtMatrix]

Your landlord needs to say to the agent, "I have a sitting tenant, who wishes to renew for another year, you can remove my listing from your agency as it is not available." If the agency is holding the deposit, the owner asks for it back and holds it now

 

Take your existing contract, alter the parts that removes the agency from the contract and sign it with owner. 

 

 

[JimTripper]

52 minutes ago, MadAtMatrix said:

Your landlord needs to say to the agent, "I have a sitting tenant, who wishes to renew for another year, you can remove my listing from your agency as it is not available." If the agency is holding the deposit, the owner asks for it back and holds it now

 

Take your existing contract, alter the parts that removes the agency from the contract and sign it with owner. 

It's a bit strange that the landlord wanted me to tell the agent something. After expressing my interest to stay, it seems like the landlord should take the ball and either present me with another lease or ask the agent to present me one since they hired the agent.

It's unclear if the agent is actually doing ongoing property management, or if they were just responsible for finding me as a tenant and writing up the lease. I figured they were acting as a property manager since they come in at the end and take photo's and determine damages. I wonder if they even differentiate those roles here.

Edited 55 minutes ago by JimTripper

[Yellowtail]

Tell her to refund your deposit and you'll go month to month