Need Help

[ChulaChurchill]

First post and unfortunately a cry for help.

Scenario:

The tenants signed a 1 year contract in their company name with a 24k deposit.

On the day of the contact expiration (Before 12:00) my parents went to asses the property and found a sh!thole with damage exceeding 70k and thus locked it to prevent the tenants from removing their belongings of which are worth around 120k

Is this legal ?

Thanks.

[gotlost]

Don't know about legal but get an attorney asap and file complaint with the police.

[tonititan]

Where did those numbers come from? The 70k in damage - was that appraised by someone else or estimated by your parents? And the tenants' 120k in personal property - where did you get that number?

[ChulaChurchill]

Where did those numbers come from? The 70k in damage - was that appraised by someone else or estimated by your parents? And the tenants' 120k in personal property - where did you get that number?

Thanks for your reply.

The 70K estimate came from our Builders.

The 120K came from face value. We still don't know if they have their receipts. But they have already admitted guilt by offering 25K and have taken 2 lorry loads of their belongings (They impersonated my mother to to the security guards, over the phone, for this permission)

My parents are rather "in the dark" when it comes to Thai civil/real estate laws even though my mother owns 5 houses here.

In contrast, this company has a high profile lawyer and high connections in the Bangplee police station.

My father has adopted the "mai bpen rai" approach, 70K is what he called; a pittance not worth fighting for. But I'm concerned about the principle.

We have a meet scheduled for the 21st at the Bangplee police station regarding their property and the damages.

But now I hear that the contract was not signed and sealed correctly by the company in question and they were not actually tenants.

Thai law is making my head spin

But am I right in saying that we have a case according to section 17 under the "Control of dwelling place and land lease act" ?

I really want to settle this dispute for my family. These guys are clearly "Taking the pi$$"

[ChulaChurchill]

Don't know about legal but get an attorney asap and file complaint with the police.

Already done.

Nice quote, by the way

[clinique]

if they have powerfull lawyers and Police connections i would say ...oops and forget it. TIT,, you wont win...

BTW and not trying to be clever but,,- this is why owners should inspect their property regularly..like at least monthly..

[scorecard]

Don't know about legal but get an attorney asap and file complaint with the police.

Already done.

Nice quote, by the way

Can I politely suggest two things:

1. In future be very careful that every word is accurate and all signatures, witness signatures are completed, dated etc. Must be 100% correct. 99% is not OK. Take the pessimistic / don't trust anybody approach. Perhaps even check that the company name is actually a registered company and it's taxes and company returns are up to date etc. Note that High performing organizations watch these things very very carefully. People often sign on behalf of companies when in fcat they have no auithorization whatever to do so.

2. Many aspects of the law in Thailand, like in many countries, is built on intent. It may be possible that a court would look at intent rather than signatures etc.

Get a good lawyer but be careful not to engage in 'must win at all costs' battle. You may well be the loser if you 'win' the case but the other party has no assets /claims that the items in the house belong to other people etc.

[tonititan]

But they have already admitted guilt by offering 25K

Is that on top of the 24k deposit? If so, your parents are only out 21k. I completely understand wanting to make them pay on principle, and I would be angry at them too, but it hardly seems worth it for only 21k.

[MikeyIdea]

Locking the property after the contract expired is not illegal, if the owner of the stuff inside comes and asks for it and property is not opened up and it is given to them, then that's illegal.

This is civil law, not criminal law so police can do nothing. If you file a complaint with the police, then make sure that you have evidence of how the property looked before the tenants entered it (video or photos) and video again after. If you don't have video or photos before, then happily take the money and forget it. It will cost you some 30,000 bath to take it to court, you may get half back, or nothing, or all (in order ot likelyhood).

At the end of the day, a court case will probably cost you another 15,000 or so totally so I'd push the police report under their noses and say This will cost you another 20,000 for my lawyers since you will lose and another 20,000 for your lawyers, I want 35,000. I'll open up when I get the money, take it or leave it or see your stuff in a years time when the court has decided. Part of that would be illegal though

[powderpuff]

In future rent to private citizens - not companies. Get 2 months rent as deposit. In addition to fist & last. Go by often (monthly) to have a look.

[trogers]

This is the reason why my condo units are rented out with the cleaning service of my cleaning lady, even if the tenant only requires cleaning done once a week.