Breaking An Apartment Lease

[rcox81]

I came to Thailand in August and since then I have had some unexpected financial difficulties, so I will have to leave the country at the end of this month. It is really just not possible for me to say.

I am short on funds and my landlord is telling me that they will not return my two months security deposit.

I can't say that I am surprised by this but I told them I would not pay the rent for January, since they are going to keep my deposit. Today they are telling me that they will turn off my electricity next week if I don't pay January's rent. Is this kind of action legal in Thailand? It would not be legal in the United States, there is more of a process for evicting people. Are the rules different here? I find this surprising.

Also, the lease does say that I can have two people in the apartment. Technically, this sounds to me like I could have someone else move in and pay me the two months security. Then, I'd be in the clear financially, but this would be worse for the apartment because they would have someone living there without a contract. I suppose it could be said that I would be financially liable but I do not even think I will be able to come back to Thailand for a while.

What do you guys think about this?

[SeanMoran]

I had one minor problem a few years ago with an apartment block, and needing to leave quietly, but the most important thing for me at that time was a graceful exit, and safe passage for myself, the little Toshiba bar fridge I'd bought from the Carrefour (which I donated to a friend who was having some trouble paying her son's high school fees) and my belongings.

Considering the warmth here, and the lack of need for electric water heaters in the shower, and the price of candles and batteries for a radio, I'd probably see the lack of electricity as a rather minor problem, and worry more about that graceful exit when the time comes to move.

I am not clued up on the full story of your situation, and apologise if my suggestions are not much help, but wish you the best of luck in extricating yourself and your baggage from this unfortunate situation and hope it does not become more unpleasant.

[MyphuketLife]

I had one minor problem a few years ago with an apartment block, and needing to leave quietly, but the most important thing for me at that time was a graceful exit, and safe passage for myself, the little Toshiba bar fridge I'd bought from the Carrefour (which I donated to a friend who was having some trouble paying her son's high school fees) and my belongings.

Considering the warmth here, and the lack of need for electric water heaters in the shower, and the price of candles and batteries for a radio, I'd probably see the lack of electricity as a rather minor problem, and worry more about that graceful exit when the time comes to move.

I am not clued up on the full story of your situation, and apologise if my suggestions are not much help, but wish you the best of luck in extricating yourself and your baggage from this unfortunate situation and hope it does not become more unpleasant.

I think you will find they will shut off the electric, then chain the doors. Preventing him from getting his belongings out.

In the end they are in the right, you have a contract, for X months. If you break the lease you forfit your deposit. Not paying rent the last month you stay their is not within your right. In the US the same rules apply. If you break your lease you loose your deposit, if you don't pay rent they evict you.

[SeanMoran]

I think you will find they will shut off the electric, then chain the doors. Preventing him from getting his belongings out.

In the end they are in the right, you have a contract, for X months. If you break the lease you forfit your deposit. Not paying rent the last month you stay their is not within your right. In the US the same rules apply. If you break your lease you loose your deposit, if you don't pay rent they evict you.

Chaining the doors would be more of a problem than sleeping nights without the lights on and cold showers for a few weeks, for sure. I agree that the deposit would rightfully be forfeit if the rent is not paid for the duration of the lease, so it might be more beneficial to come up with the rent money until the day to leave arrives, or else get out rather soon, but quietly and all in one carry from the apartment to the taxi or bus.

Best for all concerned to put an end to the problem as smoothly as possible without incurring chains on the doors.

[haltes]

I don't know why some people think they shouldn't pay rent just to offset the deposit. That kind of behavior is not legal in most countries and the landlord is well within his rights to evict you if you don't pay the rent as agreed.

[rcox81]

I don't know why some people think they shouldn't pay rent just to offset the deposit. That kind of behavior is not legal in most countries and the landlord is well within his rights to evict you if you don't pay the rent as agreed.

I said that in the OP.

But I find it hard to believe that there isnt more of an eviction process here. It sounds like they can just do it immediately.

[hhgz]

"Are the rules different here? I find this surprising."

Why? You're in a different country, and it has different laws. Be thankful that your landlord doesn't get the police involved. "Gosh, is that legal?"

[yabaaaa]

Sad as this is its not the lanlords responsibiltiy to "take care" of the OP. He is now overstaying his welcome and using the deposit money up.

[IanForbes]

Why do you believe that the landlord should accept the loss? I feel sorry that you are in financial difficulties, but it is not up to the landlord to bail you out. Yes, there ARE different rules and regulations in Thailand and that is one of the things that makes it special. It's much cheaper to live well here than elsewhere.

In North America the pendulum has swung the other way and the dead beat tenents have all the power. That is why I just lock up my house for the winter and no longer bother renting it out. Each time I've given people a VERY good rental rate they screwed me, and only paid for 2 months while staying for 8.

I currently get a very good MONTHLY rent at the hotel where I stay in Chiang Mai. But, I have to pay a one month security fee if I should break my part of the bargain. In your case it is YOU that is breaking the contract. Most contracts don't have extenuating clauses for people who run into financial difficulties. If you default on a payment then they have the right to sieze the purchase, or in your case, the security deposit. It happens all the time.

[Beardog]

Best to use up your 2 months for rent. Even if you were honoring the agreement seeing your funds not deducted to the nub when you leave anyway. I rented 3 times I broke the lease I was wrong lost the 1 month deposit. No sour grapes. 2nd time on the 2nd year we re rented. Everything started falling apart & the landlord stuck me with I have to fix her house as repairs for delapidation & her neglect not in the clause. I stayed 1 month for free & left the house thrashed. Her 1000 liter water tank (that the bottom gave out on. So I Bypassed it to the main. And kept the hoses & whatever I assessed to be the value of the shafting she gave me. The neighbor moved out all her furniture to cover her debt. The third time My girl explained to the landlord to be that we bought property 1 kilo away & may need to move sooner than the 1 year upon completion of our house. She also told the owner we will only give 1st & a security deposit (to be used as a last payment & I would see to it that the place was immaculate. We moved in 7 months I repainted the inside of the house cleaned the drapes & honored my agreement. I only had to pay 200 baht for a door knob I broke off & fixed(but would not lock anymore) but forgot to replace it in the hustle bustle of moving. We are still good friends today.

Yes you're not in the U.S. & no laws are binding. So get what you can & just be fair in the way you leave the place. If they are somewhat fair with you return the favor. Most landlords are not to fair here so I built a house & no one can get in my face except my girl.

If the cops get involved be prepared to pay them tea money. She can shut off your electricity here. Red Oxide paint is a nice interior color that will cost her 7000 baht to reprime & paint if she really gets your goat. I would be on a jet home the day you do that though. More tea money & expense if you get caught.