Defaulting On A 12 Month House Rental Contract

[haybilly]

What are the legal options open to a Thai landlord if a tenant wishes to default on the 12 month contract that they signed--tenant has already paid 3 months rent up front, as a deposit--is keeping this deposit this the maximum penalty available to the landlord, or, if they wished, could they take tenant to court, or similar? Are landlords within their rights to keep this deposit, which I understood to be held as a safeguard in the case of damage to property?

[sweetchariot]

In my experience they would forfeit the deposit and that would be the end of the matter. Not sure of the legalities of this, but this is what has happened in numerous cases that I have personally seen, as I did rashly get involved in the real estate business a couple of years ago.

[Maigo6]

You would lose the deposit.

[tominchaam]

What are the legal options open to a Thai landlord if a tenant wishes to default on the 12 month contract that they signed--tenant has already paid 3 months rent up front, as a deposit--is keeping this deposit this the maximum penalty available to the landlord, or, if they wished, could they take tenant to court, or similar? Are landlords within their rights to keep this deposit, which I understood to be held as a safeguard in the case of damage to property?

Unless your contract is pretty rare the Landlord has the right to claim that you fulfil the contract. This means you have to pay for those 12 months. Whether he does claim this or not is entirely up to him/her.

[tamsin]

What are the legal options open to a Thai landlord if a tenant wishes to default on the 12 month contract that they signed--tenant has already paid 3 months rent up front, as a deposit--is keeping this deposit this the maximum penalty available to the landlord, or, if they wished, could they take tenant to court, or similar? Are landlords within their rights to keep this deposit, which I understood to be held as a safeguard in the case of damage to property?

Unless your contract is pretty rare the Landlord has the right to claim that you fulfil the contract. This means you have to pay for those 12 months. Whether he does claim this or not is entirely up to him/her.

Are you insane, what landlord, Thai or otherwise, in their right mind is going to be willing to pay a lawyer to drag a tenant, Thai or otherwise, through a protracted court case to claim recompense for reneging on a 12 month lease? That's why many landlords insist on a big deposit upfront, depending on where you are of course. Duh.

Kiss your deposit adios and move on.

[Gary A]

When you signed a year lease you agreed to pay 12 months rent. If your word is any good, you would live up to that agreement. When I bought my condo, I paid another four months rent for my apartment even though it sat empty. I kept my word.

[zthyadat]

When you signed a year lease you agreed to pay 12 months rent. If your word is any good, you would live up to that agreement. When I bought my condo, I paid another four months rent for my apartment even though it sat empty. I kept my word.

In this town, where word means nothing to anyone who was born here, that makes you a sucker - it is like saying you will only fight Marquess of Queensbury Rules when ten Thai males are pummeling your head in. And besides all that, the contract says that you intend to stay for twelve months and pay rent the whole time, and that in the event plans change, you sacrifice your deposit. There are laws to cover this, and are a tacit part of the contract.

[dave111223]

In most cases the OP is just going to lose his deposit, but i would imagine if was a extremely large property (or large commercial lease) and you could get sued for the full amount of the contract if the potential gain would outweigh the legal costs...probably not the case with a normal house.

When you signed a year lease you agreed to pay 12 months rent. If your word is any good, you would live up to that agreement. When I bought my condo, I paid another four months rent for my apartment even though it sat empty. I kept my word.

Must be tiring to ride around on such a high horse.

[hhgz]

"Are you insane, what landlord, Thai or otherwise, in their right mind is going to be willing to pay a lawyer to drag a tenant, Thai or otherwise, through a protracted court case to claim recompense for reneging on a 12 month lease?"

Most. The landlord is required to mitigate his damages (for example, trying to find another tenant) and, if the landlord is unsuccessful finding another tenant willing to pay the same amount of rent, the person who signed the lease is on the hook.

[dave111223]

"Are you insane, what landlord, Thai or otherwise, in their right mind is going to be willing to pay a lawyer to drag a tenant, Thai or otherwise, through a protracted court case to claim recompense for reneging on a 12 month lease?"

Most.

Seems a pretty outlandish claim that "most", ie more than 50% of landlords would take the tenant to claims courts for breaking a 12 month rental contract...what are you basing this claim on?