Renting House: Concerns About Owner, My Rights

[Monkey Fish]

My family has been very happy for the last few months in a rented house in Samut Sakhon, but there have been some red flags. FYI, we pay rent by transfer into his local bank account and have no pressing issues.

Red flags:

1. The owner's name was a little different between the bank account and lease.
   
2. The owner (we assume) has been entirely unreachable since the first couple weeks of occupation.
   
3. As part of the rental agreement, the owner was to cover community fees for guards, landscape, etc. We've since learned that he stopped paying that bill months before we arrived and of course isn't paying it now. The 'office' has also been unable to reach him.
   
4. Yesterday a True-cable guy showed up to collect the unused satellite dish. Claimed that he (or somebody) had spoken with 'the owner' and had been informed that the house was unoccupied. The name he had was not the same as our info. (No idea if he or anybody had actually spoken to anybody though, or they had just come by to get it.)
   

We do believe that the guy that rented us the house did live here and most likely does (or did) own the place. He was obviously familiar with the house's intimate details and neighbors and guards all knew him. But I'm a worrier, so:

1. Can we go to the land office (with our lease) and just ask who the place belongs to? Will they know if he owns the house outright or if a bank has a lien?
   
2. In the event that he is defaulting on a mortgage, what would our rights be?
   

Kit mak, mai dii, I know, but I'd like to be a little prepared.

Thanks in advance for your thoughts, advice, and friendly abuse.

[InterestedObserver]

1. You might be able to get the land office to verify or give you the owners name and details.

2. Could be a sublease.

3. You say that you don't have any pressing issues. Enjoy the house.

4. Worst case, somebody is ripping off the real owner. Not your problem, its up to the owner to keep watch over his property.

5. Unlikely case, owner abandoned property and you are squatters. Not illegal in Thailand.

Edited October 3, 2009 by InterestedObserver

[katabeachbum]

A rental agreement should consist of the following documents

1. Rental agreement, if paying to owners bankaccount agreement must state so.

2. Copy of land deed, front and backpage.

3. Copy Id card

4. You keep original Tabien Baan, or at least copy of Tabien Baan.

All docs signed by both parties.

With copy of land deed, you can always check in land office if there is a change of ownership.

As long as you have been given access to the property and can prove it, I dont see you braking any law even if an agreement has been entered and payed for to someone not being the owner

[thaiwanderer]

Stop paying the guy, he will then re-appear, raise and deal with your genereal concerns and then together visit the land office to ascertain he is the genuine owner.

[clinique]

If you are really concerned, then take your lease agreement (hopefully with a copy of the owners id card, title deed and tabien baan - if not just the lease) to the local Amphur, and speak to the guy in charge. Farangs normally get priority treatment and the head guy will be happy to talk to you.

If he isnt, go next door to the police station and tell them.

BTW - the title deed will tell you if the property is mortgaged - mind you the bank is under no obligation to tell you the status of the owners loan.

If the property is owned by a company you can go to the Commerce Ministry and get a copy of the company docs including the shareholders names and directors names.

Expect surprises.. and a gratuity here and there wont go astray..

[Monkey Fish]

Thanks for all the good advice.

Clearly should have seen originals and gotten copies of appropriate documents at the outset. Lesson learned.

Best current theory is that the owner is in some kind of financial trouble, rented the house to me and then made himself scarce. At present, just a theory, there is no real problem, but rather than wait for someone to show up and ask what I'm doing in their house, could be worth a trip to the land office (some day when I'm in the mood for that sort of adventure).

Withholding rent is certainly an option if the need arises (like when the time comes to return my deposit), but a bit strong for now. Could be a perfectly reasonable explanation for everything...

[eljeque]

You can get a copy of the Tabien Ban at City Hall.