Didn't Get My Rental Depost Back. What Next?

[thaitanic]

I rented an apartment in Bangkok and paid two months' deposit (28,000 Baht). The deposit was due to be paid back within 30 days of leaving (7th November). On Monday it'll be 60 days. Every time I call or text the landlord I just get apologies and excuses (e.g. someone else was supposed to pay a cheque in on their behalf but they got one digit wrong in the account number etc.).

I have my copy of the rental agreement.

What should I do next?

Any recommended procedure to follow?

Anyone know a good Bangkok lawyer for this type of case?

Involve the police?

Thanks

[ArthurPewty]

This has happened to me twice. The first time I demanded it back whilst stood in the office and the second time I deadlocked the doors and told them they could have the keys when I got my money. This is a common tactic, judging by conversations I have had/heard. The landlords or their staff presume you are going home and maybe they can pocket it.

[gotlost]

Get a lawyer. You will pay him what you pay a cop.

[MikeyIdea]

This is civil law, the police have no mandate to do anything and they know it. Gone are the times when the police got involved in stuff like that in Bangkok, it's too developed now a days

A lawyer will cost you about the same as the money you want to get back and it will take 6 months to a year in court. If you have video evidence of how the apartment looked when you entered it and again how it looked the day when you left it, then you can go to court if you want. The court will probably get you your deposit back (so that you can pay all of it to the lawyer), you will probably get no other compensation what-so-ever. End result - you work for free

It is likely that the apartment owner will defend his position not to return the money with that he had to renovate the apartment after you left. If you don't have video evidence, then it is likely that the court will not grant you all the money back. End result - you will have to pay yourself to work

Happens to Thai's as often as it happens to westerners, no change there unfortunately

[trogers]

This is civil law, the police have no mandate to do anything and they know it. Gone are the times when the police got involved in stuff like that in Bangkok, it's too developed now a days

A lawyer will cost you about the same as the money you want to get back and it will take 6 months to a year in court. If you have video evidence of how the apartment looked when you entered it and again how it looked the day when you left it, then you can go to court if you want. The court will probably get you your deposit back (so that you can pay all of it to the lawyer), you will probably get no other compensation what-so-ever. End result - you work for free

It is likely that the apartment owner will defend his position not to return the money with that he had to renovate the apartment after you left. If you don't have video evidence, then it is likely that the court will not grant you all the money back. End result - you will have to pay yourself to work

Happens to Thai's as often as it happens to westerners, no change there unfortunately

Learning curve - choose your landlord and not just the place and rental price.

[aussiebebe]

So the OP has already left his place, but what about not paying the last two months, if you know you're leaving? what would the landlord/lady do then?

[tonititan]

Did you have an agent when you got the place? I was worried that my old apartment was going to try to "forget" about my deposit, and they hadn't called me like they were supposed to. I contacted the agent who helped me find the place. She called them repeatedly, threatened them, and got it sorted out. Maybe you have someone like that who can help?

By the way, they are supposed to be depositing the money tomorrow...wish me luck!

[A_Traveller]

^^ Every rental contact I've seen here specifically excludes the pay last x months with deposit option. One issue is always the monthly bills and any apportionment, which is in part what the deposit is supposed to deal with. Have to say I've only had the issue once, it was with a falang landlord, and given the amount I was willing to consider legal action. The threat of that was sufficient to motivate them but they were niggardly about 'non ware & tear' issues. Ultimately received @ 85% back after legal costs, and would agree that the landlord should be as important a consideration as the property [other half loved the place].

Regards

Edited December 10, 2009 by A_Traveller

[Stumbo]

So the OP has already left his place, but what about not paying the last two months, if you know you're leaving? what would the landlord/lady do then?

Generally contracts do not allow this and he could shut off the power, lock you out etc. As to no return on deposit, it is a ripoff by b*stard landlords, called suck eggs. Usually a foreigner will return your deposit as don't want legal hassles, but there are exceptions.