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.