Thai Lady Needs Advice

[raybingham]

A friend of my Thai girlfriend is looking for basic advice on what to

do/where to go regarding an issue involving her ex-Farang boyfriend.

Land was bought in the girl's name and house building was funded bt

boyfriend. The usual 20 year lease, at 20,000 Baht per month, was signed

in favour of the boyfriend.

By the time the house was completed the couple has split up and the

girl asked for some financial compensation for the

relationship/over-seeing the house build.

This was rejected by the boyfriend who offered nothing.

Does she have any legal recourse against the ex-boyfriend and/or can

she make any claim for payment of the 20,000 Baht per month due, but

never paid, under the lease.

She has limited means and is worried about incurring legal expenses

with no guarantee of getting a positive result.

I am sure that is a fairly common problem - can anyone provide simple advice ?

[sbk]

Let me move this to the real estate/housing forum as this seems to be more oriented that way

///MOVED///

[Lite Beer]

I am not an expert but she already has free land and a free house. What more does she want?

I think you will find that these lease agreements do not hold up in court.

[backflip]

"A friend of my Thai girlfriend..."

As a Thai, she knows the Thai law better than any of us farangs. If the issue is important to her, she'll find the answer.

[PattayaParent]

A friend of my Thai girlfriend is looking for basic advice on what to

do/where to go regarding an issue involving her ex-Farang boyfriend.

Land was bought in the girl's name and house building was funded bt

boyfriend. The usual 20 year lease, at 20,000 Baht per month, was signed

in favour of the boyfriend.

By the time the house was completed the couple has split up and the

girl asked for some financial compensation for the

relationship/over-seeing the house build.

This was rejected by the boyfriend who offered nothing.

Does she have any legal recourse against the ex-boyfriend and/or can

she make any claim for payment of the 20,000 Baht per month due, but

never paid, under the lease.

She has limited means and is worried about incurring legal expenses

with no guarantee of getting a positive result.

I am sure that is a fairly common problem - can anyone provide simple advice ?

Didn't I read in another thread that Thais can get free legal aid? Don't know how she'd qualify but she should be able to find out easily enough being a Thai.

Don't know why anyone would think a legal contract would not hold up in court in Thailand but I'd suggest that unless the ex boyfriend can show proof that he's paid the monthly lease money (receipts, bank transfers etc.) then she could go to court to get the money paid.

Was the lease registered at the Land Office? If not it's only valid for 3 years anyway.

By the way a lease is a usual 30 years, not 20 years, but can of course be made for any period as agreed by both parrties up to the maximum of 30 years.

Edited December 6, 2007 by PattayaParent

[chownah]

She's a landlord and he's a tenant.....what do Thai landlords do when tenants don't pay the rent.....it can't be a secret 'cause I'm sure this happens all the time.

Also, she wants to be conpensated for overseeing the house building?...the building of HER OWN HOUSE....the house which was paid for by her boyfriend. Put another way, she wants her tenant to pay her for overseeing the construction of her own house?....what kind of crazy nonsense is this? I think this is the crazy nonsense of a greedy woman who wants to grab all the money she can and does not care about what is fair and right at all.

How long were they a couple...sounds like about a year......and now she's got land and a house. So what was her monthly wage for being a couple with her boyfriend?....conservatively she now has one million baht of property so looks like she made (based on one year together) 80,000 baht per month...plus room and board probably and whatever else he bought her......and on top of this she is going to get 20,000 baht per month for 20 years!!!!!.......that's another 4.8 million baht....and SHE WANTS MORE!!!!!!

hahahahhahahahahaha,

Chownah

Edit: This has got to be a troll thread...I probably should have just ignored it.

Chownah

Edited December 6, 2007 by chownah

[kelvinj]

I can't see anything in the OP that says it's the girl living in the house, perhaps that should be established.

[raybingham]

I can't see anything in the OP that says it's the girl living in the house, perhaps that should be established.

Thanks for the comments so far - the girl is not living in the house, that is the whole point. The ex-boyfriend is living there with a new partner, following the split, and no rent is being paid.

Her grievance is that she supervised the house building and once completed the boyfriend left her for someone else.

[Moonfruit]

Well, in that case its very simple. She is the landowner and he has to pay the rent. If he defaults on the rent then he has 30 days to pay. If he doesnt pay within 30 days he can be evicted quite simply. Thats the law.

[Manchester]

Well, in that case its very simple. She is the landowner and he has to pay the rent. If he defaults on the rent then he has 30 days to pay. If he doesnt pay within 30 days he can be evicted quite simply. Thats the law.

Yeah right.

Depends on the how the contract was written.

[GuestHouse]

If she has a copy of the lease she should take it to a lawyer and ask for advice.

If the tenant is not paying rent he may have written a clause into the contract that rent is paid in advance and then claim he paid the rent in terms of the building costs.

It seems to me that if he was savvy enough to get a lease he wouldn't be so stupid as not to pay the rent on the lease.

[dee123]

I might be jumping to conclusions but usually there are two sides to every story.I have been asked on many occasions to help out Thai ladies only to find out later that they might not have told me the whole picture.I am sure you want to help out someone who is in need but if I were you I would make sure your not just the "next green apple"

[backflip]

"I have been asked on many occasions to help out Thai ladies only to find out later that they might not have told me the whole picture."

That's exactly right. There is no reason that the OP is involved. His Thai GF knows Thai civil law, and could find a Thai attorney to resolve this. She got the OP involved so that the OP has some emotional attachment to the problem. The Thai GF is setting up the OP to be the fall guy and, if he doesn't watch out, he'll end up paying for the house. He should immediately disengage himself from the situation.

[raybingham]

Thanks again for all the comments.

I am confident that I am not being set up for anything and I believe the question from my girlfriend was a genuine attempt to find a solution for the other girl.

From the comments received I believe that (all things being equal - dee123, I accept that I only have a small part of the story) the girl has "rights" and can pursue a claim against her ex-boyfriend for non-payment of rent.

My advice will be to suggest that she takes a copy of the lease to a lawyer (although I would be interested to know if/where the free legal advice can be obtained).

[Chris Lawrence]

Rent at 20,000 baht a month? If I was to rent and if keeping with the law it would only be a nominal payment; that is the minimal paymnet. Sounds as though the young man did not intend to have a divorce happen? The OP friend sounds as though she has just got a house subject to the lease document.

[Misplaced]

The ex-farang boyfriend built his house on HER property and expect to stay on that property without paying? What's a matter with this guy? I hope she gets a lawyer and evict him and his new girlfriend. It shouldn't be difficult.

[wolfmanjack]

The ex-farang boyfriend built his house on HER property and expect to stay on that property without paying? What's a matter with this guy? I hope she gets a lawyer and evict him and his new girlfriend. It shouldn't be difficult.

If i read the OP correctly HE paid for the land and the house. It was just put in her name and a lease was established to protect his right to live there. As guesthouse pointed out he may have written the lease to take the cost of the land purchase and the construction cost into account. Say the monies paid for the land and house prepaid the lease for 20 years. We have to know the contents of the lease before we can comment on any legal rights she has. The only thing we do know is that if he was stupid enough not to register the lease then it is only good for 3 years and that she will get the use of the land and house after 20 years.

[Lancashirelad]

wolfman's getting near to what i was thinking as i read the thread. Surely, a 20 yr lease (usually 30) @ 20,000 a month (a LOT!!!) would be 4.8 million payable up front to purchase the lease hold??

I guess you could rent somewhere VERY nice in the sticks for 20k a month without any land purchase or building costs.

Edited December 12, 2007 by Lancashirelad

[raybingham]

Thanks again.

The responses have enabled me to ask a few more questions and I now understand that the lease is infact 30 years and the rent 40k PER YEAR.

This does seem to make more sense based on the replies received.

Advice seems to remain the same - take the lease to a lawyer as she should have a case against her ex for the unpaid rent. Point also noted re registration of the lease.

[Ozpharlap]

Hey newbie,

Seems as if you have been pussy whipped.

The old adage, never get involved in a thai relationship dispute is sound advice.

Having been involved as a lawyer for over 20 years, you soon realise that no one ever tells you 100% of the story, and usually only 50% of their side of the story. It is how the word legend came about, being the best part of the story (ripped that from some old movie, cannot remeber the name of the movie).

I am still at a lost as to how this women is out of pocket. If she simply waits out the term (yeah she will be older) she gets a house. wish my father gave me that as a long term financial plan.

Lend her an ear but steer away from getting into a tangled web.

Another legal titbit, no one wins in litigation as you become part of the litigation and youwill loose this friendship as well.

Thanks again.

The responses have enabled me to ask a few more questions and I now understand that the lease is infact 30 years and the rent 40k PER YEAR.

This does seem to make more sense based on the replies received.

Advice seems to remain the same - take the lease to a lawyer as she should have a case against her ex for the unpaid rent. Point also noted re registration of the lease.

[nothingleftbutfaith]

Hey newbie,

Seems as if you have been pussy whipped.

The old adage, never get involved in a thai relationship dispute is sound advice.

Having been involved as a lawyer for over 20 years, you soon realise that no one ever tells you 100% of the story, and usually only 50% of their side of the story. It is how the word legend came about, being the best part of the story (ripped that from some old movie, cannot remeber the name of the movie).

I am still at a lost as to how this women is out of pocket. If she simply waits out the term (yeah she will be older) she gets a house. wish my father gave me that as a long term financial plan.

Lend her an ear but steer away from getting into a tangled web.

Another legal titbit, no one wins in litigation as you become part of the litigation and youwill loose this friendship as well.

Thanks again.

The responses have enabled me to ask a few more questions and I now understand that the lease is infact 30 years and the rent 40k PER YEAR.

This does seem to make more sense based on the replies received.

Advice seems to remain the same - take the lease to a lawyer as she should have a case against her ex for the unpaid rent. Point also noted re registration of the lease.

As De Niro said to De Niro in Casino : Once a hooker, always a hooker.

[torrenova]

As De Niro said to De Niro in Casino : Once a hooker, always a hooker.

Yup and this one got a free house. If she wants him out she can get him out. All she has to do is offer someone in her family a share in the sale proceeds.

[fishhooks]

"Having been involved as a lawyer for over 20 years..."

Is this the same as "I've been a lawyer for 20 years"? I've been involved with lawyers for 20 years, is that the same?

[Ozpharlap]

Give me a break, I was tired and I am not a typist.

It could mean both and it does but I do appreaciate the grammatical advice.

"Having been involved as a lawyer for over 20 years..."

Is this the same as "I've been a lawyer for 20 years"? I've been involved with lawyers for 20 years, is that the same?