How Retire From A 15 Year Lease Question

[riley76]

I have a lease contract for 15 years. It is registered on the land document I paid 300,000 registered

I no longer reside in the place, which is on phuket island I have the right to lease it out, not required

The owner is unable to sell, or obtain a bank loan, due to my being on, the land document

so to avoid being dead, even though i live out side Thailand

How can i remove myself from the document, I wish to free the owner, from this restriction., happily..

ie........... say legaly, i want no claim to the property leased or otherwise, from a certain date asap

i dont wish to come to phuket again, this is seriouse, dont flame it, or presume !! please

help is required. I assume I could go to the land office and renounce my lease, but i wont return

so options. riley 76 thanks

[bojo]

I have a lease contract for 15 years. It is registered on the land document I paid 300,000 registered

I no longer reside in the place, which is on phuket island I have the right to lease it out, not required

The owner is unable to sell, or obtain a bank loan, due to my being on, the land document

so to avoid being dead, even though i live out side Thailand

How can i remove myself from the document, I wish to free the owner, from this restriction., happily..

ie........... say legaly, i want no claim to the property leased or otherwise, from a certain date asap

i dont wish to come to phuket again, this is seriouse, dont flame it, or presume !! please

help is required. I assume I could go to the land office and renounce my lease, but i wont return

so options. riley 76 thanks

I would have thought that by signing a 'power of attourney' document should do the trick. Have one sent out to you and return with signed copies of everything, eg passport etc. You would need a competent friend or representative locally to handle it for you obviousely.

Regards Bojo

[katabeachbum]

I think its possible to get out of a lease in any Thai Embassy.

[mickba]

I'm not sure by any means, but I was advised by a Thai lawyer that the Lessor can go to the Finance Department and report that the Lessee is no longer in residence. The Lessor has to deposit 10% of the registered value of the Lease (30k baht) and, after 3 months(?) the Lease will be cancelled.

I'm told no attempt is made to verify that the Lessee has gone (he may be sleeping peacefully next to the Lessor). The Lessee has no recourse other than that he can claim the 10% when/if he becomes aware - I don't know if there is a time limit by which the money goes back to the Lessor.

I haven't been able to verify this yet.

If it's correct, it would be a very cheap (free for you) option in your circumstances if you made the Lessor aware and even provided him with a document confirming your absence. I don't see why you should be paying lawyers for PoAs if you don't have to.

Of course, if correct, it is another scary prospect for some Lessees.

[riley76]

To you all, dear posters thanks for your input

your replies are what i respect and expect from forum members

of thaivisa, any more info will be well appreciated. will get in to it to day

some given info, sure is worring [to many.] i hope its not true,

divorce or death, are the other options. On divorce my lawyer advises, i can kick the lessor out?

never my intention, and one, which if done, would cause early demise,hel_l hath

also wouldnt it be nice if, in todays world it could be done on line, the cancellation that is

I am married to the lessor riley76

[ivowatson]

To you all, dear posters thanks for your input

your replies are what i respect and expect from forum members

of thaivisa, any more info will be well appreciated. will get in to it to day

some given info, sure is worring [to many.] i hope its not true,

divorce or death, are the other options. On divorce my lawyer advises, i can kick the lessor out?

never my intention, and one, which if done, would cause early demise,hel_l hath

also wouldnt it be nice if, in todays world it could be done on line, the cancellation that is

I am married to the lessor riley76

I understand you're affraid but as you live outside Thailand, what can she do? Send ninja killers after you?

By giving in that easy, it will be known that all farang are sissies and just threathen them a bit and it will all be yours. Of course it's up to you but the divorce road would be interesting.

[mickba]

To you all, dear posters thanks for your input

your replies are what i respect and expect from forum members

of thaivisa, any more info will be well appreciated. will get in to it to day

some given info, sure is worring [to many.] i hope its not true,

divorce or death, are the other options. On divorce my lawyer advises, i can kick the lessor out?

never my intention, and one, which if done, would cause early demise,hel_l hath

also wouldnt it be nice if, in todays world it could be done on line, the cancellation that is

I am married to the lessor riley76

From what your lawyer says, I assume you took the Lease before you got married, otherwise it would be put aside at divorce I believe.

Even then, it ain't so easy to kick 'em out I'm afraid, as you know. I had all the threats and sleepless nights and I wasn't even married to her. People say they wouldn't really do it, but it happens sometimes when you're worth more dead than alive. I paid her (a lot) to sign the land and house back to a company. Expensive but the only way to get some breathing space and avoid walking away from everything. Anyway, different situation to yours, but same stress I imagine and still a divorce to sort out.

If what I posted re cancellation is correct (ask your lawyer?) then it can be done without you doing anything, other than making her aware of the procedure and at zero cost to yourself. If you were brave (foolish) enough you could even collect the 30k - just kidding.

I have PM'd Isaan Lawyers to ask if this is so. When I get a reply (or he may post here) I'll let you know.

[thaiwanderer]

If the OP has no intention of returning to Thailand (and other matters arising by my reading between the lines - may be wrong) - suggest OP needs to do nothing (and that includes even thinking about it). The Lessor can eventually have you removed from it but why bother assisting her?

[mickba]

If the OP has no intention of returning to Thailand (and other matters arising by my reading between the lines - may be wrong) - suggest OP needs to do nothing (and that includes even thinking about it). The Lessor can eventually have you removed from it but why bother assisting her?

Personally, I agree, but he is apparently losing sleep over it and is still legally married to the Lessor, so there is the Q of divorce. It's a bit messy, but if I were a certain age and in a far off country I think I would be doing as you suggest i.e. nothing and let her do the worrying.

Maybe the OP has reason to think she can reach him in some way?

[samILO]

why not jsut give her Power of Attorney together with the original lease documents, so she can go to cancel the lease. NO Embassy can help there, sorry except certify your signature, this can also be done by any Notary Public (necessary if you sign the document abroad. If you need I send you the form in Thai/Engl)

[harrry]

why not jsut give her Power of Attorney together with the original lease documents, so she can go to cancel the lease. NO Embassy can help there, sorry except certify your signature, this can also be done by any Notary Public (necessary if you sign the document abroad. If you need I send you the form in Thai/Engl)

Of course if she has Power of Attorney she can run up huge bills in your name too. Dangerous move.

[samILO]

Power of Attorney is a very specific document and it naturally has to mention exactly what she would be allowed to do with such document, very restricted.

[thaiwanderer]

Be very careful on any power of attorney even where it is apparently 'restricted' - aware of one that was explained as being just for the registration of a lease - but what was not explained was that it allowed the holder to agree amendments to the lease at the land office to make it acceptable to them. He ended up with a lease he did not want as the amount he was willing to pay was for the lease as agreed between the parties. By then of course too late - money gone and lease regsitered. Legal advisor could not see the problem.

If there is an outstanding divorce would not necessarily suggest cancelling the lease before that?

[samILO]

I would always suggest to ask for an English Translation to such Power of Attorney and make clear that such is correct and specific. In case of divorce ahead, one could write such as part of the divorce agreement, which the parties could then even enforce through the courts if necessary.

[stevenl]

The Lessor can eventually have you removed from it but why bother assisting her?

Maybe to help somebody else? But that concept sames strange to some people here.

[thaiwanderer]

The Lessor can eventually have you removed from it but why bother assisting her?

Maybe to help somebody else? But that concept sames strange to some people here.

It was a suggestion based on the OP's vague reference 'so to avoid being dead' but obviously we can't all be perfect like 'some people'.