Condo Owner Did Not Return Two Months Security Deposit

[shepsel]

Over a year ago I took a one year lease on a furnished condo, and gave two months rent as a security deposit. It was a standard lease, and I fulfilled all aspects of the lease and returned it in perfect condition, and gave the necessary one month notice that I was vacating.

A day after vacating the apartment, the owner, the building manager and I met for the inspection. Everything checked out fine, except for a cracked ice cube tray (which was cracked when I took possession.) I leased the apartment via the building management who act as agents (for a fee) from the owner, and always paid my rent on time.

It is now over a month later, and I still have not received my deposit back. I asked the building manager, who said that he has requested that the owner clear this item, and the building manager said that I have to contact the owner on my own and deal with it, since the building is no longer involved.

The contract was a standard building lease--and I was told that I had to go through the office for everything, and not the owner.

Now that I have returned my keys, the building is avoiding the issue, and I have no way of getting in touch with the owner.

Is there a procedure (legal or not) for getting the deposit back? It is a matter of principle to get my deposit returned, because there is no just cause for the owner to keep the money.

[beano2274]

Many others from TV have not received their money back from condo owners, put it down to experience as they all say.

Edited March 19, 2010 by beano2274

[Heng]

Look at it like not getting a full cup of Coke at the movie theater concession stand. At least you got most of your money's worth.

[chiang mai]

Name and shame the condo building, which one was it?

[bkkmei]

I'm sorry, this won't help you now.

But for our last condo, we just told the landlord we're leaving soon, would it be OK if the deposit is used for the last 2 months (or however much) rent. Feel free to come and inspect the premises. And we have been lucky enough to have some very decent landlords.

Hope you get your deposit back somehow.

[Heng]

Name and shame the condo building, which one was it?

Wouldn't mean much unless he named and shamed the specific room number and the name of the owner (unless this one person owned the whole building).

[Jingthing]

I agree with the condo management. This dispute legitimately doesn't concern them.

[sharecropper]

I would sugest on the day you are planning to check out, when you do the final check, ask to see the money in the hand of the agent. if they don't have it, no checkout.

Oh, and in your case, I would absolutely NOT advise that you regain access to the building and superglue the relevant condo locks.

[Carib]

I would sugest on the day you are planning to check out, when you do the final check, ask to see the money in the hand of the agent. if they don't have it, no checkout.

Oh, and in your case, I would absolutely NOT advise that you regain access to the building and superglue the relevant condo locks.

And don't use a foam cannister to spray underneath the door and the sides of it...

[Forethat]

This problem is not specific to Thailand, if you check on UK you'll find that being fleeced for the deposit is more or less standard operating procedure.

The only way to prevent this from happening is to avoid paying the last two months of rent, and tell the landlord to take it out of the deposit. I dont know whether it is adviced to practice that procedure in LOS, but a lot of people do in UK.

Sorry to burst anyones bubble regarding the honesty of British people...

Edited March 19, 2010 by Forethat

[givenall]

Many others from TV have not received their money back from condo owners, put it down to experience as they all say.

After living over here for 3 years, I have found that Bth direction is only one way. When you pay for anything to Thai, money never comes back even if they agree in the beginning to return it. NO EXCEPTION

[JetsetBkk]

Many others from TV have not received their money back from condo owners, put it down to experience as they all say.

After living over here for 3 years, I have found that Bth direction is only one way. When you pay for anything to Thai, money never comes back even if they agree in the beginning to return it. NO EXCEPTION

The problem, in your case, is probably with you. I've been here nearly 8 years and I've had no problems getting the deposit back the four times I've moved. So I guess your capitalised "no exception" statement is wrong.

[Heng]

Have yet to be on the receiving end of superglue and spray foam, but for most landlords, it's just a call (and in many cases just a call for one's assistant or secretary) to the maintenance crew to fix whatever mess the tenants have left behind. Or how about those 'getting even' by scratching up cars or puncturing tires? Oh the inconvenience of not having my Tuesday/Thursday automobile for 2 weeks while it's at the paint shop. Sometimes it's just better to come to terms with being a tenANT.

The best revenge is living well.

[JohnnyFeelIt]

The Thais call the deposit 'Pink Money'. The last 2 months you stayed there you should not have handed over a penny, from what I can gather this is the way it's usually done amongst the locals.

[Crossy]

Moving to Housing.

There are many stories of people not getting deposits back, we've never had an issue but that doesn't mean we won't in future.

[johndpoole]

I agree with the condo management. This dispute legitimately doesn't concern them.

I would bet this is not true and the actual owner of the condo had NOTHING to do with the contract and it was the standard Condo contract which the actual owner didn't sign and who has a different agreement with the Condo to act as his agent.

You are not supposed to raise your voice but it seems to do wonders in situations like this. During your free time go to the Condo desk and make a stink every day you can. Make sure all those thinking of renting there know what they will also have to deal with.

[DragonQuest]

dam you got screwed buddy how much was your rent? lol i hope not one on those fancy 50-100k month places lol

[trogers]

A common experience for those who spend time and effort to look for a condo unit by themselves thinking they can save on agency fees...

Good and reputable agents will not act for unscrupulous owners. If the owner is of such a character, the agent will be the first to suffer from non-payment of full agency fee.

[shepsel]

Thank you for your responses, guys!!!!

I followed the lease agreement to the letter of the law (if law exists). The two months security deposit had to be paid and all the utilities had to be paid up before the landlord would address a refund of the deposit. If I did not pay the last two months rent, the utilities would have been disconnected.

Upon completion of inspection, the owner of the apartment said that I cared for it well, and I would get my deposit back at the office in three days. A month has passed, and I asked the condo management several times, and they seem to be passing the buck, and don't want anything to do with it any more. The apartment is for rent again with the management, and a notice is on the bulletin board in the lobby about the rental.

I moved to a larger and less expensive unit in the building, and I am reluctant to cause too big of a stink as I would like to maintain the respect that I have built up with the condo management over the past year, but I would like to know if there is a legal method which I could follow in order to obtain my deposit back. Is there a government office to make complaints about unscrupulous landlords?

[DragonQuest]

I moved to a larger and less expensive unit in the building, DUDE ARE YOU NUTS??? you gonna get screwed again get out of there! lol as for your money call the police, and no there is no law here and you have no rights. Dude you need someone to stand up for you , do you have any thai friends????

[ThailandTommy]

Many others from TV have not received their money back from condo owners, put it down to experience as they all say.

After living over here for 3 years, I have found that Bth direction is only one way. When you pay for anything to Thai, money never comes back even if they agree in the beginning to return it. NO EXCEPTION

The problem, in your case, is probably with you. I've been here nearly 8 years and I've had no problems getting the deposit back the four times I've moved. So I guess your capitalised "no exception" statement is wrong.

Yeah your capitalised "no exception" statement is totally wrong please change it to "no exception except in 1% of cases"

[eljeque]

If you paid the deposit to the condo mangement, then they must make the refund to you, not the owner. Did they sign for its receipt?

Have a lawyer write a letter for you (2,000 baht) and have it sent to them. It works wonders when they are told they will pay the deposit and other costs.

Your lawyer can send the same letter to the owner as well.

If they do not answer, the go to court over it. You can count only about 10,000 in lawyers fees, plus court fees, but that is worth it as long as your rent was at least 10,000 / month.

Everyone here tries to act with impunity. They change when they are about to lose in court.

[Heng]

Don't forget that you can also lose in court, no matter how confident you feel about your case. And then the bill comes...

[tonititan]

It is now over a month later, and I still have not received my deposit back.

Sorry if you already answered this and I missed it, but did your lease specify when the deposit would be returned? I know that a month feels like plenty of time, but all of the leases I've had in Thailand stated that the manager/owner had up to 60 days to return the deposit. I think that the presence/absence of a specific timeframe on your lease may affect what you can/should do right now.

As for the other discussion about people's experiences with deposits....I have had a little trouble getting my money back, but I always got it in the end. The first landlord kept stalling for time because she had spent the deposit money and didn't have enough to return to me. After lots of phone calls and waiting, she finally paid it back (in installments). At my second condo, the 60 days passed and the office staff kept giving me different answers. I finally got my agent (who had found the place for me) involved, and she went on the offensive, making repeated phone calls and emailing the office staff's boss and reporting their incompetence to the corporate office. I had my money back within a couple days. My current landlord has already stated that when it's time for me to leave, she will estimate the final electric/water bill costs, deduct it from the deposit, and give me the remainder when I move out. Hopefully that is what will actually happen!

[Jingthing]

I agree with the condo management. This dispute legitimately doesn't concern them.

I would bet this is not true and the actual owner of the condo had NOTHING to do with the contract and it was the standard Condo contract which the actual owner didn't sign and who has a different agreement with the Condo to act as his agent.

You are not supposed to raise your voice but it seems to do wonders in situations like this. During your free time go to the Condo desk and make a stink every day you can. Make sure all those thinking of renting there know what they will also have to deal with.

They might ask their security guards to eject you from the premises then. Sure its worth a try, but sometimes it is better to pick your battles.

[MarkyM3]

This problem is not specific to Thailand, if you check on UK you'll find that being fleeced for the deposit is more or less standard operating procedure.

The only way to prevent this from happening is to avoid paying the last two months of rent, and tell the landlord to take it out of the deposit. I dont know whether it is adviced to practice that procedure in LOS, but a lot of people do in UK.

Sorry to burst anyones bubble regarding the honesty of British people...

[/quote

Well, I have lived in loads of rented accommodation in the UK since university days (early '90s) and have never once had the whole of my deposit retained. As far as I can recall, on some occasions frivolous deductions were made for stuff like "cleaning costs" (frivolous because the property was returned in a cleaner state than at commencement of tenancy), but overall the experience has been OK.

IME not many people are willing to accept tenants using their deposit to pay the last period of rent. The whole purpose of it is to cover damages. I have let my own property out since 2005 whilst renting elsewhere and the agency I use does not allow this situation (and they don't keep money back unfairly). Hard to remember if I've done it myself, maybe the odd occasion but certainly not the norm.

[MarkyM3]

Have yet to be on the receiving end of superglue and spray foam, but for most landlords, it's just a call (and in many cases just a call for one's assistant or secretary) to the maintenance crew to fix whatever mess the tenants have left behind. Or how about those 'getting even' by scratching up cars or puncturing tires? Oh the inconvenience of not having my Tuesday/Thursday automobile for 2 weeks while it's at the paint shop. Sometimes it's just better to come to terms with being a tenANT.

The best revenge is living well.

Shades of Nicholas van wotisface...

[Heng]

Most of the issues at my properties are from tenants simply living like tenants, not of the 'clever' James Bond superglue foam variety.

Most 'annoying' issue in the world of landlords IMO... clogged waste water pipes. Way too much food, hair, and all kinds of random items sent down drain and toilet pipes. But don't imagine your landlord fixing it him/herself. Just means the house/building/apartment might be out of commission for 2-3 days until pipes are flushed or replaced.

I'd much rather order superglued locks replaced than to have my work team try to track down a wad of newspaper/hair spray bottle/dead kitten blockage somewhere in the plumbing system.

note to tenants: this is how to semi-annoy folks (most effective with any landlord who has few properties and no maintenance team) with what little measure of power you have in this world

note to landlords: this is how to hold onto those deposits because just about all tenants do this, it's just a question of how much blockage there will be.

Edited March 22, 2010 by Heng

[Robroy]

A common enough problem.

My solution now is preventive: I never give more than a month's deposit, & I make it a condition of the lease that the deposit pay's the last month's rent.

If they're not happy to do that, I find another apartment.

[yabaaaa]

A common enough problem.

My solution now is preventive: I never give more than a month's deposit, & I make it a condition of the lease that the deposit pay's the last month's rent.

If they're not happy to do that, I find another apartment.

Good dont call us when u need a room.