Eviction

[Terry2905]

Hi everyone. 

 

I have lived in my current condo for more than 6 years, with no issues. 

 

Last week, I had a car accident, when my foot slipped off the brake pedal onto the accelerator pedal. 

 

I hit the main condo rear gate, causing minor damage. 

 

The condo owner has told me to vacate the condo. 

 

It was a simple accident, but I don't know my legal rights!

 

The car has comprehensive insurance, and the insurance company has talked with the condo owner, and the gate will be repaired. 

 

But the condo owner wants a new gate fitted. 

 

Does he have the legal right to evict me?

 

Of course it places me in a very difficult situation. I am partially disabled, but if I move, I have a mountain to climb!

 

Finding another condo in the Pattaya area, with wheelchair access, within my meagre UK pension, is a minefield!

 

Of course I will also have to change bank account details, both locally and in the UK, change my Thai driving licence details, change my immigration details and all my other address details. 

 

The list is endless!

 

Any advice would be greatly appreciated. 

[Bill97]

9 minutes ago, Terry2905 said:

The list is endless!

The drama is endless.  Cut it and get to the meat.

[grain]

Sounds to me like you don't have a friendly relationship with the condo owner. 6 years is a very long time and you should have established a good relationship in that time. The owner naturally wants the gate that you damaged to be repaired or replaced, and really it is your responsibility to do that. The fact he wants you out of there makes me think there are other issues. Perhaps he doesn't like you, maybe he wants you out so he can increase the rent with a new tenant. I doubt if there's anything you can do now but move. If the Thais you are living with turn on you, then you are better off far away from them.

[JBChiangRai]

What does your lease say?

[GypsyT]

Move. Even if you win this one they will come after you later.....

Who wants to live like that?

 

 

[soi3eddie]

Sounds like a horrible situation. Surely the insurance will deal with the gate issue. Ask the condo owner directly why they want to evict you? Maybe there is more to this story...

 

Many on this forum say "rent", "don't buy". This case is one reason why I prefer ownership, both in the UK and Thailand. Cannot be evicted.

 

[BritManToo]

1 hour ago, Terry2905 said:

Of course I will also have to change bank account details, both locally and in the UK, change my Thai driving licence details, change my immigration details and all my other address details. 

 

The list is endless!

 

Any advice would be greatly appreciated. 

Landlord, tell them you'll move once you have your deposit back.

Address, nobody in Thailand ever notifies anyone of address changes, so don't bother.

[scubascuba3]

Only a drama in your mind, forget the address changes, no rush, look for a new condo, maybe stop driving if you are at the age where accidents are more likely

[dddave]

A condo owner has just as much right not to renew a lease as a leaser has not to renew but he can't just arbitrarily terminate your residency before the lease period is finished.

[Liverpool Lou]

29 minutes ago, JBChiangRai said:

What does your lease say?

I'd guess that it states that eviction/voluntarily moving out can occur with, probably, one month's notice from either side.

[Liverpool Lou]

1 hour ago, Terry2905 said:

Does he have the legal right to evict me?

Yes, probably, termination of the lease will be subject to the notice that you (and he) agreed to in that lease.

[JonnyF]

2 hours ago, soi3eddie said:

Many on this forum say "rent", "don't buy". This case is one reason why I prefer ownership, both in the UK and Thailand. Cannot be evicted.

 

 

Exactly. Nothing worse than being asked to move out so the owner can rent to a relative, sell, increase the rent or whatever. 

 

It always seems to happen at the worst possible time. I hate moving and love the security of owning. 

 

As for the OP, check the details of the lease, but ultimately if they want you out you better start looking for somewhere else as they will just make things more and more difficult for you and it could even get nasty. 

[Albo]

You're obviously no longer wanted. Why would you stay? He wouldn't renew the lease anyway lol. You didn't mention the place is epic so I just can assume it's convenience (laziness). You're hoping to have some legal pull, so can I assume you're willing to go to court over the matter? 😂

[chickenslegs]

I don't understand why your landlord is involved at all. Surely this is a matter between you and the Juristic management.

You like the place because of disabled access, are there no other rooms for rent there?

[proton]

Buy don't rent!

[Nick Carter icp]

1 minute ago, proton said:

Buy don't rent!

 

   The what happens if you get another guy in thh condos that cannot drive and keeps crashing into things ?

   Then  you cannot move because you bought it 

[Puccini]

I don't see the connection between the "condo owner" and the gate. 

 

The condo owner owns the condominium unit, colloquially called the condo, he is letting to the OP but he doesn't own the gate.

 

The gate is part of the so-called common area of the condominium building and thus is jointly owned by all owners of condo units. It is the management of the Condominium Juristic Person, ie of the condominium building, that deals with the necessary repair and or replacement of damaged items in the common area, not an individual condo owner.

[wozzlegummich]

The accident is just an excuse for something bigger brewing here.

[Thingamabob]

There must surely be more to this story. I'm afraid renters can be subject to this kind of situation in any country, not only in Thailand.

[thesetat2013]

17 hours ago, grain said:

Sounds to me like you don't have a friendly relationship with the condo owner. 6 years is a very long time and you should have established a good relationship in that time. The owner naturally wants the gate that you damaged to be repaired or replaced, and really it is your responsibility to do that. The fact he wants you out of there makes me think there are other issues. Perhaps he doesn't like you, maybe he wants you out so he can increase the rent with a new tenant. I doubt if there's anything you can do now but move. If the Thais you are living with turn on you, then you are better off far away from them.

actually. He should have #1 insurance on his car that would pay to have it fixed. I do not suggest you give him 1 baht. Instead file a claim with your insurance. Let them manage it especially since your lessor seems to have already chosen to evict you. I also suggest you read through your rental agreement to find the clause that gives him the right to evict you for this cause. Although, he can make any excuse he wants to if he really wants to evict you. You can fight it but it will be costly and require expertise with a lawyer. 

[arick]

18 hours ago, grain said:

Sounds to me like you don't have a friendly relationship with the condo owner. 6 years is a very long time and you should have established a good relationship in that time. The owner naturally wants the gate that you damaged to be repaired or replaced, and really it is your responsibility to do that. The fact he wants you out of there makes me think there are other issues. Perhaps he doesn't like you, maybe he wants you out so he can increase the rent with a new tenant. I doubt if there's anything you can do now but move. If the Thais you are living with turn on you, then you are better off far away from them.

It's not his responsibility to fix the fence it's the insurance company and they will decide what they're going to fix and what they're not going to fix. Offense Surely is only a few thousand bht to fix

[harryviking]

If the landlord want you out, then leave! You do NOT argue with these people! It will not end well no matter how many legal rights you have to stay. You will loose no matter what. 

[SAFETY FIRST]

19 hours ago, Terry2905 said:

had a car accident, when my foot slipped off the brake pedal onto the accelerator pedal. 

Wow sorry to hear, glad you didn't get hurt. 

 

After 6 years of renting you sound like a great tenant. 

 

How much extra for a new gate, it might be a good idea to chip in a little bit of money. 

 

Try sit down and discuss this with your landlord.

 

I hope things go well for you. 

 

[grain]

5 hours ago, arick said:

It's not his responsibility to fix the fence it's the insurance company and they will decide what they're going to fix and what they're not going to fix. Offense Surely is only a few thousand bht to fix

It is his responsibility, he drove his car into the gate, so he should fix it. Insurance companies like to drag their heels when it comes to making payments, they also looking for the cheapest options. If it was me and I damaged a gate where I was renting, and the owner was pissed off, I would fix it out of my own pocket. We're not talking huge sums here, probably a couple thousand baht. But now the owner is pissed off and booting him out causing him lots of grief. 

[grain]

5 hours ago, thesetat2013 said:

actually. He should have #1 insurance on his car that would pay to have it fixed. I do not suggest you give him 1 baht. Instead file a claim with your insurance. Let them manage it especially since your lessor seems to have already chosen to evict you. I also suggest you read through your rental agreement to find the clause that gives him the right to evict you for this cause. Although, he can make any excuse he wants to if he really wants to evict you. You can fight it but it will be costly and require expertise with a lawyer. 

Yep, that's a wonderful suggestion, get a lawyer and take the owner to court and fight the case, so he can continue remaining living there where he'll cross paths with the owner and the owner's family every day. He'll really feel like he's living in the Land of Smiles then. And next time the owner or the owner's son gets drunk he'll probably cop a shellacking. 

[MRMOUSE]

20 hours ago, JonnyF said:

 

Exactly. Nothing worse than being asked to move out so the owner can rent to a relative, sell, increase the rent or whatever. 

 

It always seems to happen at the worst possible time. I hate moving and love the security of owning. 

 

As for the OP, check the details of the lease, but ultimately if they want you out you better start looking for somewhere else as they will just make things more and more difficult for you and it could even get nasty. 

I presume you mean own a condo with the chinoot in your own name.Everything else is not secure far from it

[Terry2905]

Hi everyone. 

 

Thanks for all your comments and compassion. 

 

Both myself and the insurance company tried to talk with the condo owner, with no mutual resolution. 

 

The insurance company have told the condo owner that they have already assessed the damage, and that they will use their appointed engineers to repair the gate. He then apparently shouted at them, telling them that he wants a brand new gate, which the insurance company declined. 39,000 baht to repair, or 97,000 to make a new one!

 

My car is being repaired, with a 5,000 baht excess deduction, which I am fine with. 

 

I don't know what is in the condo lease, because it is only in Thai, but I am pretty sure that it is a standard lease, with the initial 1 year minimum, and monthly payments after that. 

 

I have no idea why he wants to evict me, but other long term staying tenants have told me that the condo owner does have a short fuse and there have been numerous arguments with him. 

 

Yes, the advice to move is the best option, because, for reasons unknown to me, he wants me out.

 

I have found another place with 1 ground floor room, with a lot of help from friends. The location is far from ideal, but it is a large condo area, and looks very well maintained. There are many other farang that have stayed there for years, which is a good sign. 

 

I have peripheral neuropathy in my legs, which only limits how far I can walk, but I have no issues with driving or riding a motorbike. 

 

Of course I am not happy with the inconvenience and expense of being forced to move, but TIT!

 

Living on only a UK pension, I don't have the funds to employ a lawyer, and that would probably only inflame the condo owners anger, which is something I don't want to live with. 

 

The new condo is very large, with no shops nearby, so I will be totally reliant on using the motorbike or car for daily shopping. 

 

I am not wheelchair bound, but a ground floor room suits me, and my peripheral neuropathy may get worse, eventually needing wheelchair access. 

 

The neurologist has told me that it is a  50/50 chance, and I am following his guidance of daily vitamin b12 injections, and swimming and as much exercise within my limits. The new condo does have a nice swimming pool, well within easy walking distance, which may help me with my peripheral neuropathy. 

 

The current condo does have a small swimming pool, but it is usually either dark green or black, which has dettered me from using it! And yes, that is because the current condo owner doesn't maintain it!

 

Obviously I can't mention names, due to forum rules, but my current condo was in an ideal location in central Pattaya, but the new condo is behind 2nd road in Jomtien. 

 

At a guess, I think that the current condo owner got extremely upset about a recent police report, after I was attacked at knife point and robbed, which I of course reported that incident to the police, but I do know that the police did tell the current condo owner why he had no security! Bar girls come and go as they please, with no security checks. 

 

Thanks again to all of you who have sympathetically replied. 

[JonnyF]

24 minutes ago, MRMOUSE said:

I presume you mean own a condo with the chinoot in your own name.Everything else is not secure far from it

 

Yes.

 

A condo in your own name. 

[dddave]

1 hour ago, Terry2905 said:

I have found another place with 1 ground floor room, with a lot of help from friends. The location is far from ideal, but it is a large condo area, and looks very well maintained. There are many other farang that have stayed there for years, which is a good sign. 

Thanks for posting the outcome.  Not ideal, to be sure but better than living in a hostile environment. 

I live off of Jomtien 2nd rd. and find it to be a convenient area.  The nearby Rampho market has excellent fruits & vegetables and several shops that sell household staples. 

Bolt & Grab are usually readily available for shopping trips.  Traffic on 2nd rd. can suck on weekends and from 4 to 8pm but is otherwise ok....just a few long rides to make U-turns. There are also several back road routes that once learned, provide easy access to Makro and Lotus's without having to drive any long distances on Sukhumvit.

 

I also have mobility issues resulting from arthritis in my knees but find Jomtien to not be particularly taxing to get around.  There is a plethora of restaurants of all types quite handy to where you are.  It's conceivable that once settled, you might just say: "Why didn't I move here earlier?"

[newnative]

22 hours ago, chickenslegs said:

I don't understand why your landlord is involved at all. Surely this is a matter between you and the Juristic management.

You like the place because of disabled access, are there no other rooms for rent there?

    I agree--look for another unit in the project.  And, I am also wondering why the landlord would have anything to do with a new gate for the condo project?  That would be a decision for the condo board whether to repair or get a new gate.  Stay until the end of your lease and then move.