Landlord Problem

[jucel]

Hi, just a quick question. I should of paid my rent on 17/10/09 but didnt pay until 19/10/09. The landlord(farang) has subsequently told me i have to leave on 26/10/09 as i paid late!!

What rights do i have?

I have paid two months deposit in advance too!!

[Lite Beer]

Moved to housing

[Camelot]

If it's the first time you were late that sounds like an over-reaction. Could there be another reason why he wants the room back? Someone who might pay more? A friend or relative coming, for instance.

A lawyer might be able to dig up something but I don't know of any specific rights other than those stated in your contract. If he is not paying tax on your rent he could find himself in trouble with the Revenue Department. That's the kind of avenue a lawyer would pursue.

I was a year late once due to a banking mishap and my landlady (Thai) just laughed about it. She's an angel.

[longball53098]

Read the agreement you signed. Two days late is very unreasonable about evicting the renter. A late fee possibly but this ? Check the agreement

[jucel]

does he have to serve an eviction notice or can he just remove me!

do i have any rights to stay in the house

the contract is a standard thai one that you can buy from anywhere!!

[Spoonman]

Even if you do get this resolved in a civilised manner (your landlord is a cock btw), i would move out ASAP anyways, bugger renting off an ass like that.

[jucel]

he's a very arrogant guy who thinks he's rich(but obviously not). keeps saying he doesn't need the money from the rent etc etc

I'm not too bothered about leaving anyway as his wife's friend lives across the road and she is a real nosey woman.

You know the sort, 70 yr old farang man living in europe and doesn't have a life, doesn't work etc and thinks she's hi-so!!

[joskydive]

Hi, just a quick question. I should of paid my rent on 17/10/09 but didnt pay until 19/10/09. The landlord(farang) has subsequently told me i have to leave on 26/10/09 as i paid late!!

What rights do i have?

I have paid two months deposit in advance too!!

It depends really on what is written into your contract. If the contract states he can give 1 weeks notice for breach you haven't much to back you up. You also need to have this notice in writing from him with the reasons stated.

I hope you took pictures of the internal and external facilities before you moved in as you could find that the deposit will be non-forthcoming due to the 'damages' you have done to his property whilst staying there.

Personally, if he is like this I would look for somewhere else anyway as he could make your life miserable and cause all sorts of inconveniences, however, when you do move out or have dealings with him it would be better to just have a Lawyer standing alongside you, especially when you are trying to get your deposit back. If you live in the Pattaya area there are many Lawyers with this experience as everyone seems to hate giving back deposits for some reason.

Edited October 22, 2009 by joskydive

[TheChiefJustice]

It's irrelevant what is written in your contract. No Thai court would uphold eviction for being two days late and any contractual provision to the contrary would be struck down as unenforceable. Irrespective of what the contract says, Thai law would require him to give you written notice and a reasonable time to remedy the default. If you really wanted to cause trouble, just tell him to stick it.

However, why waste your energy with a pig like that. I'd move.

[klikster]

Hi, just a quick question. I should of paid my rent on 17/10/09 but didnt pay until 19/10/09. The landlord(farang) has subsequently told me i have to leave on 26/10/09 as i paid late!!

What rights do i have?

I have paid two months deposit in advance too!!

So he is giving you 9 days notice after accepting your rent? I assume you have paid one month in advance?

If you have your receipt I don't see how he can legally evict you. Sounds like fraud to me.

[jucel]

thanks for your wise words! im not a vindictive person by nature but im considering playing this hard ball.

I also have a 9 month old daughter & dog so finding a new house & moving etc in less than a week is going to be a bit of a pain!

the worst is that the 17th was a saturday, 18th sunday, so i thought monday would be more fair enough as even banks give u the weekend as grace!

he then had his wife call my wife and give her some verbal! she was in tears over it as she thinks he has now lost face!

He also lives 500km away and is coming on 26th to evict me.

I'm starting to feel quite stubborn and thinking not moving out will really pee him off. especially with a 1000km round trip.

I've had nothing in writing to say that i'd defaulted and surely even if somebody was a week late they would need a letter stating when the outstanding rent had to be paid before eviction!

[katabeachbum]

If you have payed late you are in breach of agreement.

If agreement tells you the consequence of breach, that is what will happen.

If agreement does not tell the consequence of breach, owner can determine agreement as he has noticed you.

However also depends on how last rent was payed. If the owner has signed for recieving this rent 2 days late, his case is not very strong. If you have payed last rent to his bankaccount without owner signing for it, his case is strong.

[longball53098]

He is in the wrong here so you would be in your rights to stand up to him.. Have you're wife talk to the boys in Brown and maybe have them there when he shows up to evict you.

[richardt1808]

I agree with the previous post.

If he really intends to arrive on your doorstep and turf out all of your belongings, I would change the door lock or add a nice large padlock and then call the police when he arrives. They really are quite adept in mediating in this kind of thing and I'm sure they would place a high degree of emphasis on what is fair and I certainly would not forsee them helping your landlord put you out on the street in these circumstances.

I have previously sued a landlord here over the return of deposit and won the case, so I also have a good idea of how the civil court proceedings would go; and I agree that a Thai judge is certinaly not going to back a summary eviction in manner you described. It would be great of you could serve him with a summons as he arrives, because then the eviction would become a moot issue until the case is brought before the court. At lease that would bide you time in getting a better place.

Worth talking to a lawyer to get all the options

?

[klikster]

A conversation with your local Tourist Police might be in order. I had a situation with a condotel deposit in Chiang Mai a few years back. Since I was leaving the area, I wanted my unit inspected and deposit refunded on the day before my departure. The agent agreed.

The suddenly, there was no one to go to the ATM and they had no cash. I called the Tourist Police. They came over, listened to both sides, had a short discussion with the agent, then waited while the agent went to the ATM.

No tea money.

In my 14 years here, I have found that the Thai police are not nearly as corrupt as the discussions here on TV paint them to be.

[klikster]

If you have payed late you are in breach of agreement.

If agreement tells you the consequence of breach, that is what will happen.

If agreement does not tell the consequence of breach, owner can determine agreement as he has noticed you.

However also depends on how last rent was payed. If the owner has signed for recieving this rent 2 days late, his case is not very strong. If you have payed last rent to his bankaccount without owner signing for it, his case is strong.

"Late" depends on the terms of the agreement.

"If agreement does not tell the consequence of breach, owner can determine agreement as he has noticed you." It that means "he can take determine consequences", I disagree. He still has to operate under the law.

"If you have payed last rent to his bankaccount without owner signing for it, his case is strong." That may depend on whether a precedent has been set in prior months.

[DegenFarang]

Probably wants the place for somebody else or some other reason. Maybe just doesn't like you.

I was months late sometimes with my last landlord, due to leaving the country for extended periods. I never even got charged late penalties, much less him telling me to move. Sounds like there is something else going on here for sure.

[CWMcMurray]

It would be great of you could serve him with a summons as he arrives, because then the eviction would become a moot issue until the case is brought before the court. At lease that would bide you time in getting a better place.

Worth talking to a lawyer to get all the options

I particularly like this option if posible.... a summons for a few weeks out in the middle of the week would mean he would be particularly nice, since he would most likely have to head back 500km and then make a return trip in a gew weeks.

At the hearing if you could then get your lawyer to postpone again to the following month then it could become even more satisfying as he needs to travel back and forth multiple times...

I am only saying this because from your OP it does seem like he was being completely unreasonable. Payment due on Sat and you paid on Monday.

Of course we are only hearing half the story, so that is what I am basing my opinion on.

[Heng]

Why would anyone buy here, when renting is clearly more fun?

That said, IMO an eviction is a total overreaction though. Late fees (which is what I use) are more than enough to deter future cases of late rent.

[getgoin]

A lot of Thai landlords use the late excuse to claim that you broke the lease and forfeit the deposit. They put you out, keep your money and rent the property to someone else with a new deposit.

Do not move out without getting your deposit back or living for 2 months rent free.

[longball53098]

The landlord in this case happens to be a farang.

[Heng]

Well no doubt he developed this nasty trait from 'dem locals.

[TheGoodDoctor]

is he going to give you back your deposit or do you forfeit that because of paying late?

[eljeque]

If you have payed late you are in breach of agreement.

The agreement should have a note about late payments, and the note must be within Thai Law.

If agreement tells you the consequence of breach, that is what will happen.

Only if it is within Thai Law.

If agreement does not tell the consequence of breach, owner can determine agreement as he has noticed you.

He can only make a determination if it is within the contract and within Thai Law.

However also depends on how last rent was payed. If the owner has signed for recieving this rent 2 days late, his case is not very strong. If you have payed last rent to his bankaccount without owner signing for it, his case is strong.

If you made a deposit into his account, late or not, the police and the court are going to take your side. He would need to send you a registered letter and you need to sign for receipt of the letter, return receipt requested. Phone calls are no good.

If he and his wife appear on YOUR DOORSTEP, do not allow them to enter. They have no right to enter on the current pretences. If they have previously notified you of their need to inspect the property for one security or for structural integrity or a water leak, then that would allow them to look at the property.

If you have an hour, go down to the bookstore (AsiaBooks, Bookazine, B2S, SE-ED, Book Variety) and take your wife, locate the law book for property, and go through the rental section.

As long as you have a receipt showing that you made a payment on the 19th, the police are not going to stand beside him, and if he needs to go to court, it will take a couple of months.

And, if for some reason, he wants you to leave soon, maybe if you leave soon, you can be assured of him having your deposit there for you, while if you stick it out and fight about the current situation, he may make returning the deposit a hassle.

best of luck

[alexanderthai]

Actually, I think they have to give you notice first. You don't have to move and let them sue you. It will take 2 years to finish the case.I don't think he will do that for sure. Don't worry man !! Finally , he will negotiate with you. HOwever,makesure that you feel satisfy to stay with unwanted landloard more.He will make you in trouble with something else. I think.....

[stgrhe]

Section 560 of the Civil and Commercial Code, under Chapter 'HIRE', states that if the rent is paid on monthly basis or longer terms the letter (in this case the landlord) must first give the hirer a written notice that payment is requested within fifteen days.

So if the OP's contract has such a payment term then the landlord can't do anything if the late payment is paid within the said 15 days period.

[hhgz]

"I should of paid my rent on 17/10/09 but didnt pay until 19/10/09."

Why? How come it's wrong for a Thai to breach a contract, but it's OK for you to do so?

[GuestHouse]

It's always important to part with a landlord on agreeable terms (You just have to be happy with your own definition of 'agreeable').

Get your wife to go buy a couple of Kgs of cheap fish - on the morning of your landlord's threatened eviction day, place the fish in several hiding spots throughout the apartment.

If he doesn't evict you, then retrieve the fish and feed it the local cats.

If he does evict you, accept you're not getting your deposit money back (I doubt you will) and leave the fish where it is as a goodbye present.

[maccaroni man]

"I should of paid my rent on 17/10/09 but didnt pay until 19/10/09."

Why? How come it's wrong for a Thai to breach a contract, but it's OK for you to do so?

the op said he paid 2 months rent up front this typically the 1 and last so the last is considered a deposit but if the op used the last months rent and then was late as well the landlord now has no deposit and an unpaid tenant that is actually 30 days late.

[Heng]

It's always important to part with a landlord on agreeable terms (You just have to be happy with your own definition of 'agreeable').

Get your wife to go buy a couple of Kgs of cheap fish - on the morning of your landlord's threatened eviction day, place the fish in several hiding spots throughout the apartment.

If he doesn't evict you, then retrieve the fish and feed it the local cats.

If he does evict you, accept you're not getting your deposit money back (I doubt you will) and leave the fish where it is as a goodbye present.

Have encountered leftover food on a few occasions (hopefully on accident... surprisingly people always forget all kinds of things, no matter how neat and tidied up they leave their rentals). Baking soda takes care of it pretty easily.

@ 10-12 Baht per bag x 20-30 bags has always been more than enough.