Jump to content

Recommended Posts

Posted

busy day.. another post.. whewww...

i have a lease to rent a shop (set up as bar etc).

might be one of the standard form type of leases.

anyhow my copy is "not found" when i search my "filesystem". mighta lost it.

having a minor dispute with landlord,

i am witholding 2 months rent to encourage them to repair the roof which leaks a lot of water inside the bar,

previously part of the ceiling fell in and my pool table cloth is a bit stained.

i first told them of the problem about a year ago. and they did nothing.

they repaired the roof once (obviuosly not well) and repaired the ceiling after i said i would not pay for it,

cheap charlies made me pay for the paint!

i sent them a letter...

asking for the roof to be repaired, the floor to be repaired (broken tiles because there is air under the tiles not floor),

and for payment to repair the pool table.

yep might as well go for the lot!

had a meeting today....

they say the lease says i have to pay for damage tp the property,

they take this to mean all and any damage including building failure due to faulty workmanship.

i asked for a copy of the lease from them so i can have a lawyer explain the thai to me.

they refused point blank.

so i said i can do nothing without a copy of the lease, goodbye.

legally.....

question:

a lease contract between 2 parties is a document obviuosly,

is this document something like "shared knowledge" that should be available to both parties at any time?

i.e. who owns the document?

could i get a lawyer to ask for a copy in a way they have to comply?

why won't they give me a copy?

very mysterious, methinks...

=====================================================

the landlords are well know a***holes around lamai.

other story, same landlord, this week....

farang "A" has a bar, lease is in the name of A's thai wife.

sells bar to farang "B", B pays A money for bar contents and continues paying rent on same lease in A's name.

Farang "C" buys bar from farang "B", pays B money for bar contents and does work on bar etc.

C is still paying rent on the original lease that A has with the landlord.

A's wife (in england now with A) sends a fax to the landlord to terminate the lease (11 months left) and give the contents of the bar to the landlord.

Landlord goes to the bar (this week, 4 weeks after the fax was received, when the rent is paid and C has finished his renovations).

Locks out C and has the power meter removed.

there is a bad lack of receipts, i think, for the transactions, so i don't hold much hope for poor old C.

fle under "how to get shafted: part 99: subsection 33)

Posted

Mark

try and search your paper work

when you signed the lease it was on paper so you should have a copy.you can repair the roof by yourself and then deduct this from the rental.

it would be wise however to ask your lawyer to make a legal form describing the action you took to minimize damages as the landlord failed to maintain the premises. the letter should be in Thai and have your lawyers signature on it.

it is not wise to withhold the rental money as the land lord can evict you from the premises on the grounds of a contract breech.

As for the other case.. in most leases it is not permitted to transfer the lease to another without the consent of the landlord.

in the case you are describing a transfer was never made and the "rights" to the lease have been by the A lady.. all the other were acting on her behalf as she was the one who leased it.

i find it strange that both B and C never bothered to make sure that that the lease is transferred to them ..

at any case once the A person has notified the land lord that the lease is terminated then theh land lord has the right to take his property back.

what C can do is seek damages from B and A ..

Posted
ahemmmm...

to add.

anyone know a good lawyer? (haaa haaaaaaa)

indeed, better to get such advice from someone who does not base their claim to intelligence on being a "trekie" :o

then again...you DID ask for an amature want to be lawyer!!! :D ...and on Samui if not everywhere you get what you ask for, pay for and deserve...in the end :D

Posted

well, of course, the original is held by the landlord,

they will not give me a copy of it.

my copy is not found at the moment.

anyhow for those who might be interestd...........

the 4th lawyer i spoke to actually pulled out a thai law book with thai/english and showed me a clause that said

(my version) the owner is responsible for maintaining the building as it was when you started the lease.

excluding wear and tear and damage done by lessee.

this cannot be over-ridden by a lease contract (a person cannot negate thai law by just saying so in a contract).

so it seems i have the legals on my side.

coz my lease ends soon, i know they will inspect the property and find any reason to withold the deposit,

like the broken tiles due to faulty workmanship, they blame me and say i have to fix.

this is expected.

just trying to position myself.......

anyhow lawyer says get quotes to fix the stuff and they send letter saying if they dont fix, i will fix and withold that amount from rent payments.

will be interesting,

i am sure these owners don't often have little tenants standing up.

the legals way is the only way to go with any hope of success,

coz they are A**HOLES...................

Posted
well, of course, the original is held by the landlord,

they will not give me a copy of it.

my copy is not found at the moment.

anyhow for those who might be interestd...........

the 4th lawyer i spoke to actually pulled out a thai law book with thai/english and showed me a clause that said

(my version) the owner is responsible for maintaining the building as it was when you started the lease.

excluding wear and tear and damage done by lessee.

this cannot be over-ridden by a lease contract (a person cannot negate thai law by just saying so in a contract).

so it seems i have the legals on my side.

coz my lease ends soon, i know they will inspect the property and find any reason to withold the deposit,

like the broken tiles due to faulty workmanship, they blame me and say i have to fix.

this is expected.

just trying to position myself.......

anyhow lawyer says get quotes to fix the stuff and they send letter saying if they dont fix, i will fix and withold that amount from rent payments.

will be interesting,

i am sure these owners don't often have little tenants standing up.

the legals way is the only way to go with any hope of success,

coz they are A**HOLES...................

ahh i see only one original (apologies) - too late now but in future suggest you have originals in duplicate (one for each)

not sure what sums you are talking about (per month and deposit) and exactly how long left on lease but see you are witholding 2 months rent and lease due to end shortly - looks like you may not be paying anymore rent and foregoing any of the deposit monies (regardless of the bill the lawyer suggest he run up chasing your tail for you)....... unless you are wishing to renew the lease??????

Posted
well, of course, the original is held by the landlord,

they will not give me a copy of it.

my copy is not found at the moment.

anyhow for those who might be interestd...........

the 4th lawyer i spoke to actually pulled out a thai law book with thai/english and showed me a clause that said

(my version) the owner is responsible for maintaining the building as it was when you started the lease.

excluding wear and tear and damage done by lessee.

this cannot be over-ridden by a lease contract (a person cannot negate thai law by just saying so in a contract).

so it seems i have the legals on my side.

coz my lease ends soon, i know they will inspect the property and find any reason to withold the deposit,

like the broken tiles due to faulty workmanship, they blame me and say i have to fix.

this is expected.

just trying to position myself.......

anyhow lawyer says get quotes to fix the stuff and they send letter saying if they dont fix, i will fix and withold that amount from rent payments.

will be interesting,

i am sure these owners don't often have little tenants standing up.

the legals way is the only way to go with any hope of success,

coz they are A**HOLES...................

mark go see a real lawyer...if care and can pay, the local Thais who pull out the CCC "in Thai and in English"...then tell you that a provision to contrary is not enforceable...well, if they are even Thai lawyers, went to crap school and do not know what they are talking about. Just a thought, good luck. :D

...what ever you do, don't listen to vulcan's who think they are Thai (cuz they read some) and think they know law (cuz most here and on this forum are gullible enough to believe it if you say so) :o

Posted
samui maximus

samutator

joe cool samui

how many more users??? and still you have no clue... :o

moderators is not slander a problem on the forum? :D

Mark, again, go see a real lawyer.

Posted

quote <Mark, again, go see a real lawyer.> endquote

well i couldnt agree more.

ahemmm!!!!

who?

i have never had a recommendation

i don't trust any of them

can't spend weeks traveling the island interviewing lawyers

just seeing 4 of them was bad enough.

one was very amusing,

i was handed a laminated page about how wonderful he was,

then in bold print was please pay 5000 baht for start to talk..

goodnight..............

as i said its only small bikkies,

but as test case against a landlord used to getting it all their own way its worth a try.

anyhow my golf swing seems to be improving,

and i love the cold weather at the moment,

the electric is going off quite often.

and today the water was off for a while,

lucky i had a bucket of water to flush the dunny.

new year rush is over, less tourists now.

goodnight and goodluck

Posted
quote <Mark, again, go see a real lawyer.> endquote

well i couldnt agree more.

ahemmm!!!!

who?

i have never had a recommendation

i don't trust any of them

can't spend weeks traveling the island interviewing lawyers

just seeing 4 of them was bad enough.

one was very amusing,

i was handed a laminated page about how wonderful he was,

then in bold print was please pay 5000 baht for start to talk..

goodnight..............

as i said its only small bikkies,

but as test case against a landlord used to getting it all their own way its worth a try.

anyhow my golf swing seems to be improving,

and i love the cold weather at the moment,

the electric is going off quite often.

and today the water was off for a while,

lucky i had a bucket of water to flush the dunny.

new year rush is over, less tourists now.

goodnight and goodluck

mark, how long is your lease?

is the lease for the building, the unit, the land, or what?

why do you think that parties cannot contract to terms different than "Thai law" provides...actually that is not correct in this case. generally, you can contract out of such a provision....its just that if the contract is silent on the matter then the "Thai law" on the subject applies. so if you deduct the repair costs from your rent...you are "covered" by "Thai law"...UNLESS the contract says different (i.e. unless the lease contract says you have to pay for repairs to building) and then your landlord would have to produce the contract to prove this or shut up. NEVER sign something, especially something like a lease, without getting a copy (ideally, an original duplicate) yourself!

then again, its Samui, if you push the issue, maybe they shoot you.

but again, how long is your lease?

Posted

like i said lease ends in may this year... not long.

want to sort it so they don't pull the fix it scam on me when i exit.

not sure about the contract thing..

commonsenese says if we make a contract that says i can kill people for you,

this cannot negate the law of the land.

many things in law are sacred, maybe the same in thai, i dunno which things.

the way they are interpreting the lease means that if a storm destroys the building i will have to pay to rebuild it,

they are saying all damage...pretty sure that won't stand up in law.

i know they know they are wrong,

legal way is the only way to make them back down,

we all know talking will never accomplish anything.

lawyer sending letter soon,

will keep posting on progress... just for fun...

p r i c ks like this need it shoved back up them now and again.......

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.


  • Topics

  • Latest posts...

    1. 182

      K bank E-mail with Tax Forms attached ?

    2. 182

      K bank E-mail with Tax Forms attached ?

    3. 0

      Arrest warrants issued for false reports against Big Joke’s wife

    4. 0

      Thai healthcare tycoon Boon Vanasin flees as fraud charges mount

    5. 0

      EC persists in Thaksin investigation despite court ruling

    6. 0

      Thailand Live Monday 25 November 2024

    7. 182

      K bank E-mail with Tax Forms attached ?

  • Popular in The Pub


×
×
  • Create New...