Dispute with landlord re moving out/ accused of "breach of lease/contract"

[watthong]

I'm moving out of the apartment complex at the end of Jan, where I have rented one unit for the last 5 years. On 31st Dec 2024 I gave notice to management by doing the cancellation of the rental contract via their LINE account. I chose the date of the cancellation as 31 Jan 2025 so that fulfilled the one month advance notice requirement. They, the management, are supposed to reply with confirmation after 3 to 5 business days.

 

 A week prior to that, on 25th of Dec 2024  per normal schedule I received their monthly invoice, which included utilities for Dec and rental for Jan. On 05 Jan 2025, when payment is due, since I had not heard anything from management regarding my moving out/cancellation notice, I sent them an email as a reminder and asked them to send me a new invoice that reflect only the utilities part for Dec. as the Jan rent should be taken out of the last month rent that was part of my moving in deposit (advance rental + security deposit.)

 

Yesterday 08 Jan, still cricket from management I and my Thai partner went down to the front desk to meet with the on-site manager. She told me that I'm breaching the contract/lease before it expires mid May 2025 and therefore I still have to pay rent for Jan.

 

When I signed the original contract when moving in mid May 2020, it was explained to me that I was required to honor the one-year length of that contract, meaning if I move out before the end of the contract (it could have been just 6 mos if I remember correctly) then I will be breaching the contract and suffer the penalty (forfeiting the move in deposit). However, when the contract is renewed every year onward,  that penalty no longer applied. I could move out anytime as long as I gave the one month advance notice. This waiving of penalty was explained to me only verbally, and since this was the prevailing norm which I had also experienced when moving out of the previous rental I did not really eyeball the contract (which was written in Thai)  with their manager at the time (turn around of on site managers has been high lately.) The contract is renewed every year mid May and the last renewal was May 2024.

 

Yesterday at the meeting with the current manager when I raised this issue, she shook her head and pointed to the expiration date of the current contract/lease which is mid May 2025 and said if I moved out before that date it's a breach. In the meantime I still have to pay Jan rent. She also mentioned - the whole discussion was in Thai via my partner - that there was a memo regarding the penalty issue. Which again, if there was, has not been communicated to us prior. In any event they cannot just unilaterally going back on the original agreement. The fine print of the current contract says, in English: "If the lease term is completed there is a right to receive a refund of the security deposit." It says nothing about the "advance rental" part of the moving in deposit (advance rental + security deposit.)

So what is my option? The management is a big, faceless entity headquartered in downtown Bangkok and the on-site management pretty much serves as messenger with little authority. Thank you much in advance for any advice/input.

[JBChiangRai]

It all depends how many properties the landlord has.

 

If your landlord owns more than five properties, they are considered a "business operator" under the new rental laws. As a tenant, you have the right to terminate your lease by providing a 30-day notice without forfeiting your security deposit. This regulation is part of the measures to offer greater consumer protection to tenants.
 

New Thai Rental Law: What to Expect? - FRESH Property | Bangkok's property agent

[JBChiangRai]

As a further aside, if they have 5 or more properties and have been charging you more than the PEA/MEA rate for electric, you are due a refund for all the months since the new rules came in.

[watthong]

12 minutes ago, JBChiangRai said:

It all depends how many properties the landlord has.

 

If your landlord owns more than five properties, they are considered a "business operator" under the new rental laws. As a tenant, you have the right to terminate your lease by providing a 30-day notice without forfeiting your security deposit. This regulation is part of the measures to offer greater consumer protection to tenants.
 

New Thai Rental Law: What to Expect? - FRESH Property | Bangkok's property agent

 

They are big:  CHOD 

chanyawat dot com

https://www.chanyawat.com/

also

https://en.chodresidence.com/17676876/about-us