Major Water Leak Land Lord Problems!

[Sam125]

Major water leak land lord problems!

We have a 2 year lease on a house in Bangkok.

Numerous small repairs have not been made including roof leaks.

Last night on the first floor ceiling a pipe broke and we quickly had 2 inches of water and a huge headache cleaning up and finding a plumber at 11 PM.

The landlord is very slow at fixing anything with lots of excuses and sad stories.

My question is in Thailand can I withhold rent until a major problem is fixed or pay myself and deduct it from the rent?

Thank you!

[Crossy]

Whilst I think you'd be within your rights to withhold rent I suggest a less confrontational route.

We've had similar issues over the years (5 years in the same apartment).

Whenever something goes wrong or breaks we get the agreement of the landlord (the missus calls him) then we get whatever fixed simply deducting the cost from next months rent. Landlord gets the receipt (if any), everyone happy

This route was actually suggested by the landlord, never had any problems, of course YMMV

Edited October 30, 2008 by Crossy

[Sam125]

Whilst I think you'd be within your rights to withhold rent I suggest a less confrontational route.

We've had similar issues over the years (5 years in the same apartment).

Whenever something goes wrong or breaks we get the agreement of the landlord (the missus calls him) then we get whatever fixed simply deducting the cost from next months rent. Landlord gets the receipt (if any), everyone happy

This route was actually suggested by the landlord, never had any problems, of course YMMV

Crossy,

In our case the landlord refuses flat out to make small repairs and for large ones moves very slowly. We have suggested having things fixed ourselves and deducting from the rent and the landlord says no due to cheapness....

Now I am wondering if any have already researched the legal end of this situation?

[Crossy]

In our case the landlord refuses flat out to make small repairs and for large ones moves very slowly. We have suggested having things fixed ourselves and deducting from the rent and the landlord says no due to cheapness....

Now I am wondering if any have already researched the legal end of this situation?

If he's refusing to make repairs he's probably in breach of your leasing conditions, in which case you could move out without penalty (getting your deposit back could be problematic though ).

Could be an idea to research other properties

[Sam125]

In our case the landlord refuses flat out to make small repairs and for large ones moves very slowly. We have suggested having things fixed ourselves and deducting from the rent and the landlord says no due to cheapness....

Now I am wondering if any have already researched the legal end of this situation?

If he's refusing to make repairs he's probably in breach of your leasing conditions, in which case you could move out without penalty (getting your deposit back could be problematic though ).

Could be an idea to research other properties

We have a 4 month deposit and my wife has a craft business with raw materials employees etc so moving is the last resort.

[joskydive]

Have you a copy of your Lease Agreement? Is it in English and what does it say about repairs on the premises? Normally there is a clause in there somewhere which you can refer to in cases such as this.

4 months deposit seems to be a little excessive and a lot to lose if you cannot come to some sort of an agreement.

[Sam125]

Have you a copy of your Lease Agreement? Is it in English and what does it say about repairs on the premises? Normally there is a clause in there somewhere which you can refer to in cases such as this.

4 months deposit seems to be a little excessive and a lot to lose if you cannot come to some sort of an agreement.

We just took a look at the lease and it the normal clause that the landlord must take care of the house not much in the way of details.

I also suspect that our deposit has been spent and it will be returned to us from the next tenants deposit.

I wonder if that is legal under Thai law?

[quiksilva]

There are no laws that specify how a deposit must be treated.

There is however an escrow law which could have avoided all this nastiness but its not applicable in this case, and in any event it costs extra and both sides have to agree to it so its unlikely to have been helpful anyway.

A 4 month deposit is far too much even for commercial property, and frankly should have given you a clue to the landlord's nature when you signed up! However, their failure to carry out remedial works is probably grounds for breach of contract (depending upon the language used in the lease) and Im sure some eager young lawyer out there would be keen to get a cut of whatever you can recover from them, worth looking into.

As Crossy said, start looking for alternatives, the last resort might be the best option.

[Sam125]

Quiksilva,

Thank you. Good to know that there are no special rules on deposits.

The 4 month deposit is not a financial burden and we were in a hurry for business reasons. The property is on a quiet dead-end street with a mix of quiet town houses converted to offices and very large houses with gates/guards etc.. We are in a large townhouse. A nice area for us.

It may be time to consult a lawyer on the details of legally withholding rent money for repairs. Rent is due on the first so we will probably pay this month's rent and if need be move forward with legal action to force repairs.

The reason that the landlord is not making repairs is poverty or claimed poverty anyway as in all the rent goes to the bank payment.

Wish us good luck.

[glyph]

I would never encourage anyone, anywhere to vandalized property to make a point. But, let me tell you what a relative did, many years ago...he faced a similar situation as you do now. He and his roomies painted every surface black - including the floor and windows. They broke the AC units, furniture, and removed the electrical sockets and switches. Finally, they filled the bathtub with human waste.

[Sam125]

I would never encourage anyone, anywhere to vandalized property to make a point. But, let me tell you what a relative did, many years ago...he faced a similar situation as you do now. He and his roomies painted every surface black - including the floor and windows. They broke the AC units, furniture, and removed the electrical sockets and switches. Finally, they filled the bathtub with human waste.

Glyph,

Well, black is certainly an interesting look...

However, in this case very clear communication as in fix it or I will and take it off the rent will hopefully work well.

When we leave we will apply the deposit to the final months rent to be sure that we do not lose our deposit.