30 Year Lease Agreement

[cangetman]

Hello everyone i am another sucker you know the story fell for a thai girl bought a house and land under her name and did a 30 year lease agreement between her and me . Ok hear goes we were together for 5 years not married and no kids , split up 12 months ago but she is refusing to leave the house the house is worth 10 million baht and it looks like everyone especially the lawyers want a piece of the action , but no one can guarantee success . Below are some extracts from the lease how the hel_l do i get her out of the house for the next 30 years at least help

Below are some of the extracts from the lease which cost me £5k in the first place to produce

4. NO SALE OR MORTGAGE OF PROPERTY; NO ASSIGNMENT OF LEASE

4.1 The Lessor shall not sell, convey, mortgage, encumber or otherwise transfer the Property or assign the Lease or its rights, duties or obligations there under at any time to any third party unless the Lessor obtains the prior written consent of the Lessee.

4.2 In the event the Lessor breaches the obligation set forth in Clause 6.1, the Lessee may either (1) terminate the remainder of the Lease Term; or (2) terminate both the Renewal Term and the Additional Term, at the Lessee's sole and absolute discretion. In the event that the Lessee determines to terminate the remainder of the Lease Term due to the Lessor's breach of this Clause 8, the Lessor shall pay damages to the Lessee equivalent to (I) the market value of the Lease during the remainder (if any) of the Initial Term; (2) the market value of the Lease during the Renewal Term; (3) the market value of the Lease during the Additional Term; (4) the market value of the Villa; and (5) a forfeited penalty equal to ten percent (10%) of the Rent. In the event that the Lessee terminates the Renewal Term and the Additional Term due to the Lessor's breach of this Clause 8, the Lessor shall pay damages to the Lessee equivalent to (1) the market value of the Lease during the Renewal Term; (2) the market value of the Lease during the Additional Term; (3) the market value of the Villa; and (4) a forfeited penalty equal to ten percent (10%) of the Rent.

6. RIGHT TO SUBLET AND ASSIGN

6.1 The Lessee shall be entitled (without the consent of the Lessor) to let out the Property or any part thereof in any way whether by way of subletting, lending, sharing or other means to any person (natural orjuristic) or allow any person to use the Property or any part thereof.

6.2 The Lessee shall be entitled to transfer or assign this Agreement or pass the beneficial interest in, or create a charge over and register contracts and other interests and encumbrances against the Lease to any third party.

9. LESSEE'S RIGHTS

9.1 The Lessor agrees that the Lessee is entitled to build any buildings or constructions on the Land at his own expenses. The Lessee may modify, improve, or alter the Land in any way they desires and the Lessor hereby give consent to do so. The Lessor shall cooperate fully with the Lessee if and when any alterations or changes to the Land require appropriate government permits. The Lessor admit that the ownership of the building, structures, additions, alterations, modification or improvements constructed or made on the Land shall be of the Lessee. The Lessee shall have the right to sell, transfer, lease out, move, remove or demolish the said building, structures, additions, alterations, modification or improvement as the Lessee shall deem appropriate. The Lessee is under no obligation to maintain or restore the Land and Access to its original state upon the end of this Agreement or the end of any renewal hereof.

9.2 The Lessee is entitled to purchase the Villa from the Lessor any time, the Lessee is entitled to have any individual or juristic person to purchase the Land from the Lessor any time and, if the law is changed, the Lessee is entitled to purchase Ihe Land from the Lessor any time. Such individual orjuristic person or the Lessee shall be the sole owner of the Land. The purchase price of the Property shall be equivalent to the pro-rata rent during the remainder of the lease term. Both parties agree that the purchase price and the remaining but already paid amount of rental payments can be off-set. The Lessee shall be solely responsible for transfer fees, withholding tax, specific business tax, stamp duties and other expenses incurred from the transfer registration of the Property.

9.3 In case where the Lessee desires to apply for a loan or credit facility from bank or financial institution for whatsoever purpose and shall use the leasehold right hereunder as security for the said loan or credit facility, the Lessor agree to give consent therefore whereby it shall be deemed that this Agreement is a written consent of the Lessor therefore. The Lessor shall sign all documents for the Lessee to enable the Lessee to use the leasehold right hereunder for placing as security with the bank or financial institution. However, the conditions of such using the leasehold right as security shall not bind or affect the Lessor' rights and duties or any Lessor' properties. The Lessee shall have to give a written notice to the Lessor in advance of not less than thirty (3)) days prior to the date of placing such leasehold right as security.

If the registration of mortgage of the Property under this Clause is not prohibited by laws, upon the Lessee' request, the Lessor agree to register to niortgaee the Property to the Lessee as security for the performance of the Lessor under this Agreement within thirty (30) days from the date of receiving the written notice from the Lessee. All fees, stamp duties, taxes (if any) and expenses incurred in connection therewith shall be borne by the Lessee. However, the conditions of such mortgage registration shalt not bind or affect the Lessor' rights and duties or any Lessor' properties.

10. LESSOR'S COVENANTS

10.1 The Lessor shall comply with all terms and conditions of this Agreement.

10.2 The Lessor shall not interrupt or disturb the Lessee's peaceful enjoyment of the Project, the Property, and the Villa.

10.3 The Lessor shall affect the registration of the Lease of the Property in accordance with

the terms and conditions of this Agreement with the relevant land office and/or any other competent authority.

10.4 The Lessor shall not sell, transfer, mortgage or place any encumbrance on the title deed to the Land or on the Property during the Lease Term without the written consent of the Lessee.

10.5 The Lessor shall provide to the Lessee (including thc Lessee's heirs, assignees, transferees, designees, and sub-tenants) free and unrestricted access to the Property during the Lease Term. In other words, The Lessee shall have the unrestricted right to have non-paying guests, paying guests, tenants, sub-lessees, invitees or any third party contractors or other third parties staying at the Villa on the Property throughout the Lease Term or any part thereof.

10.6 The Lessor shall take all necessary and appropriate measures to ensure that the Lessee's possessory rights to the Property under this Agreement are valid and uninterrupted during the Initial Term, the Renewal Term and the Additional Term.

10.7 The Lessor warrants and affirms that the Lessee and the Lessee' dependents shall have the right to unconditional and unobstructed access to and from the public roads to the Land throughout the Lease Term hereof

11. BREACH OF REPRESENTATIONS AN]) WARRANTIES

11.1 If the Lessor fails for any reason whatsoever to honor the Lessee's rights under the Lease during the Initial Term, the Lessor shall pay damages to the Lessee equivalent to (1) the market value of the Lease during the remainder of the Initial Term; (2) the market value of the Lease during the Renewal Term; (3) the market value of the Lease during the Additional Term; (4) the market value of the Villa; and (5) a forfeiled penalty equal to ten percent (10%) of the Rent.

11.2 If the Lessor fails for any reason whatsoever to honor the Lessee's riKhts under the Lease during the Renewal Term or breaches the obligations of the Lesst under Clause 2.2 above, the Lessor shall pay damages to the Lessee equivalent to (I market value of the Lease during the Renewal Term or the remainder of the Rene a Term, as the case may be;/) the market value of the Lease during the Additional an; (3) the market value ofjfie Wt4; and (4) a forfeited penalty equal to ten percent (I °Ocfthe

Lessor's Initials xrJC diTh2{ 7 Lessee's Initials

11.3 If the Lessor fails for any reason whatsoever to honor the Lessee's rights under the Lease during the Additional Term or breaches the obligations of the Lessor under Clause 2.3 above, the Lessor shall pay damages to the Lessee equivalent to (1) the market value of the Lease during the Additional Term or the remainder of the Additional Term, as the ease may be; (2) the market value of the Villa; and (3) a forfeited penalty equal to ten percent (10%) of the Rent.

12. TERMINATION AND DEFAULT

12.1 If the Lessor fails to comply with any clause of this agreement, the Lessee shall send the Lessor a notice in order to let the Lessor perform their obligation within fourteen (14) days from receipt of the notice. In case the Lessor stifl have not performed her obligation, the Lessor shall be deemed in breach of agreement. The Lessor agrees that the Lessee have the rights to legally compel the Lessor to either (i) comply with this agreement and pay the Lessee for other compensations (if any) plus interest at the rate of 7.5% per annum of such compensations as of the date that the Lessor is in breach of this agreement onwards or (ii) to refund any received money and to pay other compensations (if any) to the Lessee plus interest at the rate of 7.5% per annum of fir received money and such compensations as of the date that the Lessor is in breach of this agreement onwards. Additionally, the Lessee is entitled to terminate this agreement.

12.2 If the Lessee fails to comply with any clause of this agreement, the Lessor shall send the Lessee a notice in order to let the Lessee perform their obligation within fourteen (14) days from receipt of the notice. In case the Lessee is still negligeixt, the Lessee shall be deemed in breach of agreement. The Lessee agrees to forfeit half of money paid to by the Lessee to the Lessor while the Lessor agrees in refund the other half of the received money to the Lessee immediately. AdditinnaJly, the Lessor is entitled to terminate this agreement.

13. WAIVER

One party's failure to take action against the other for nai-perforinaee of any term or condition of this Agreement shall not be construed as a general waiver or relinquishment of any such right, term or condition. Notwithstanding one patty's ceisent to the other's performance or omission of any acts contrary to those mentioned herein, such consent shall be deemed a consent granted for the particular easc and not for all or any others incurred thereafter. Should one party for whatever reason delay or not enforce any provision or exercise any of its rights herein stipulated, such delay shall not constitute any waiver of any other rights contained herein. Any delay hy one nty in relation to enforcing its rights where strict limitation periods are not stipuhLi by law shall be limited to a period of 12 months for all claims starting from the da e f occupation of the Villa by the Lessee.

[markinoc]

I had a similar situation and similar lease. My Thai lover was rational and cooperated. He got about 1,200,000 baht out of a sale price of 7,200,000 million baht. I was happy with that. Of course, it took quite a bit of gentle persuasion.

One problem is, many lower income Thailand get bad legal advise from people that don't know what they are talking about, which makes them think they have the upper hand.

Finding a good lawyer is not easy in Thailand. I went with a female lawyer that was patient and could explain things well, so that my ex-Thai lover would not miscalculate the situation.

Also, starving them out can help give you the upper hand.

Cheers

ps I will never buy another house with a lover.

[jackdawson]

fell for a thai girl bought a house and land under her name

the house the house is worth 10 million baht

i hope she was thankful at least .

can i ask ? what were u r on at the time?

please keep us posted on how the piece of paper between u and her works out as far as protecting the "rights" of a farang in thailand

Edited April 26, 2010 by jackdawson

[chiangmaibruce]

Aside from the lease/paperwork, what have you said and done so far, and what was the response?

[konfuzed]

I take it that you've got all neccesary stamp duties etc. I would find a good lawyer and get them to assist. Good luck with it.

[Langsuan Man]

The most important question has not been answered by the OP

Was the lease registered in the Land Office ?

[richardt1808]

hmmmm another classic case of why NOT to try and own property in Thailand.

That said, you have our support, mate. I don't see any clause which specifically mentions that the Lessor has the right of co-habitation, but it may well be included elsewhere. Whether or not you have such a clause, I think you would have recourse in the Thai Civil court and there have been several cases where they enforced similar agreements acceptably. Hopefully your 5K also purchased you a Thai translation of your agreement because that is what the court would rely on in making any judgement. As mentioned already, get yourself a good lawyer and attempt to have the court award you the right of sole occupancy, or confirm the right to lease it to a third party. This would establish grounds for you being able to ask her to leave and once an order is granted, you could enforce it with the help of BIB.

As said, please keep us posted.

[sarahsbloke]

Move all her stuff out of the house when she goes shopping, leave it outside the front gates which you then chain shut.

Lock the front door or change the lock, don't speak or communicate with her in any way.

Why not let her take you to court?

PS

If it makes you feel any better I just lost a 20kbht house in the UK to my ex ..... who contributed nothing at all cash wise to the house purchase.

Tried to get legal aid for an appeal, not allowed as too much time has passed (6 months), why did too much time pass?, legal aid took 6 months to decide not to give me legal aid DOH!

Edited April 27, 2010 by sarahsbloke

[cangetman]

The most important question has not been answered by the OP

Was the lease registered in the Land Office ?

Yes it was 100% registered in the land office i used a Lawyer Mcivy and Collins , you know the expensive ones i can assure i have tried every conceivable angle going below is an extract from another Lawyer who i am using giving me some Options on what to do next it has already cost me 100000 for some advice , the lovely girl wont even negotiate bless her

This is my opinion on all the alternatives that you have at the moment. ( this is from the lawyer )

1. Trespassing Charge. At the moment, the police officer asked for more witness to prove that she is not the real owner. However, having discussed with the police officer in charge, he personally told us that this should be a civil matter, a breach of lease agreement. It should not be an offence of trespassing. If you are recalled, we use this as our tactic to issue a subpoena for her to show up at the police station and try to talk and settle with her. Unfortunately, she disagreed and would not settle with us. She only wanted to see you. She seemed not afraid with the charges at all.

2. Breach of Lease Agreement. Certainly, she breached the lease agreement. You are entitled to take a civil action before the court requesting her to move out from the property. As I explained to you earlier, the action may take time to 2-3 years due to the backlog of cases pending at Phuket Court. This is one of your options. It is time consuming and actual out of pocket expenses may incur a lot. Unfortunately, it is not just that we can get her out of the premise by ourselves because she breached the contract. This is the legal process that you have to be aware of.

3. Cancellation of Transfer of Title Deed under the Land Code. This option is more effective and controllable. However, it is costly for you as well. Also, the cons are the criminal offences attached to you. We however believe that a suspension of imprisonment term is likely, but we cannot guarantee.

4. Cancellation of Transfer of Title Deed by legal action. We may file a civil action before the court for cancellation of title deed in the name of (Thai Princess name changed) . However, we cannot control the outcome of the action. The Court may see that it is the gift for you to (thai princessname changed ) as she was your girlfriend. It also take times and incurs a lot of out of pocket expenses.

5. Offer to pay her more. This is anotyher suggestion. You may consider offering her more in order to settle all the cases and get the property back. ( i have offered her 2 million baht but she is still refusing what does a guy have to do ? i am hoping it can be conluded in the next 30 years ha ha

Edited April 27, 2010 by cangetman

[cangetman]

The most important question has not been answered by the OP

Was the lease registered in the Land Office ?

100% yes

[cangetman]

hmmmm another classic case of why NOT to try and own property in Thailand.

That said, you have our support, mate. I don't see any clause which specifically mentions that the Lessor has the right of co-habitation, but it may well be included elsewhere. Whether or not you have such a clause, I think you would have recourse in the Thai Civil court and there have been several cases where they enforced similar agreements acceptably. Hopefully your 5K also purchased you a Thai translation of your agreement because that is what the court would rely on in making any judgement. As mentioned already, get yourself a good lawyer and attempt to have the court award you the right of sole occupancy, or confirm the right to lease it to a third party. This would establish grounds for you being able to ask her to leave and once an order is granted, you could enforce it with the help of BIB.

As said, please keep us posted.

[cangetman]

fell for a thai girl bought a house and land under her name

the house the house is worth 10 million baht

i hope she was thankful at least .

can i ask ? what were u r on at the time?

please keep us posted on how the piece of paper between u and her works out as far as protecting the "rights" of a farang in thailand

She was very thankful I think it was love or was it lust i think i took some silly pills , i thought there was a future untill i realised and then it was too late, the only peice of mind i have is that she cant sell it or lease it to anyone else for the next 30 years I hope

[richardt1808]

normally, I would not go with the 'change the locks' story... but in this instance, it may be a viable option. If you were to dump all of her stuff outside the house and seriously lock things up, she wouldn't have much recourse (especially since the BIB have already agreed that it is a civil matter).

Once you have this leverage, she may be more responsive to offers from you.

However, one thing to beware of and that there are all too many stories of folks getting bumped off or beaten up over disputes like this. So just be sure that she doesnt have any friends of an unsavoury nature if you decide to go down that road.

Lots of luck man

[Lumumba]

I hope many visitors to the Kingdom reads this story and know not invest more than they can afford to lose with gfs and bfs.

My advice would be if you are to buy anything tangible with your teerak, and if there are no kids involved, please finance it, as to not to be left holding the bag under a choppers spotlight.

Where I was born, we say ' dont over plant flowers and nice trees where you are renting, cos the landlord might decide he likes your corner better'.

These landlords when they want to evict you, they just go to court and have somebody else sign on your behalf to be evicted.

The cops will come by later with court paper which purportedly signed by your humble self throw your stuff out.

OP, you might find it easier reasoning with your lady directly through mutual friends or family members of hers' that you know.Its like a war with several battles to win. Making peace could be your only way out with your sanity and safety assured.

[cangetman]

The most important question has not been answered by the OP

Was the lease registered in the Land Office ?

YES 100%

[ThaiAdvocate]

The Lessee is entitled to purchase the Villa from the Lessor any time,

the Lessee is entitled to have any individual or juristic person to purchase the Land from the Lessor any time and,

if the law is changed, the Lessee is entitled to purchase Ihe Land from the Lessor any time.

Such individual orjuristic person or the Lessee shall be the sole owner of the Land.

The purchase price of the Property shall be equivalent to the pro-rata rent during the remainder of the lease term.

Both parties agree that the purchase price and the remaining but already paid amount of rental payments can be off-set.

The Lessee shall be solely responsible for transfer fees, withholding tax, specific business tax, stamp duties and other expenses

incurred from the transfer registration of the Property.

This lease is s make-up contract hiden your land purchase contract from the previous owner, the lady is a foreigner's agent, this will be so clear if you can show:

1. Source of funds paid to the previous owner to transfer ownership to the lady.

2. If i correctly understand you have another paper with the lady, i don't sure if they still call "Addendum" this paper setting term about all payment paid (for 90 years) but in lease contract 1/3 of all price was registered as the total rent for first 30 years (in the addendum setting the term like you accepted the renewals and paid for that? and/or may be clearly express that you can instruct the lady to transfer ownership to your nominate without any further payment....?

3. If 2 is correct, the lease is saying that you pay nothing to lessor if you exercise the right of the purchase option.

4. You should start with court proceeding with her for purpose of urging negotiation, if you can reach compromise with her then just remove the case, it is easy. (please make sure the lady do not enter into land pre-sale and pre- purchase contract with third party, it would cause your case more complicated. Do you keep the original title deed in your possession?

[simon43]

Heavens above!! All that hassle and expense when 20,000 baht paid to a man from Surat Thani would sort out the problem

(Mods, just my dry sense of humour...)

Simon

[hhgz]

"you know the story fell for a thai girl bought a house and land under her name..."

I'm unfamiliar with this story. Do you mean that some men actually spend $300,000 on a home for a woman they don't know? Hmmm...

[dave111223]

The lease agreement paperwork cost you 250,000 THB??? Good lord! you need to find a new lawyer or this whole process is going to bleed your dry. Think about how much they'd charge for a 2-3 year legal action (probably more than the house).

Get a more reasonably priced (but still reputable) lawyer and start legal proceedings.

[sleepyjohn]

Agree with previous caller:

Lock it up and let HER got to court.

Free bonus:

Use the place til year 29.

Then dig a hole 80 feet deep and sell 20,000 truckloads of dirt at 500 baht a load.

Edited May 2, 2010 by sleepyjohn

[perconrad]

I was in the same situation. Bought a house in my girlfriends name and had a 30 years lease. Paperwork with the lawyer costed 20.000 thbaht, the house costed 2,5 mill. thbaht.

When we split up she would not move out, so I did not give her any money and after some time she left, but continued to harrass me. She is from Nakhon Si Thammarat.

She wanted half the value or I would get serius trouble. In the end she got one fourth of the value and now I have peace.

[CDNinKS]

Hello everyone i am another sucker biggrin.gif you know the story fell for a thai girl bought a house and land under her name and did a 30 year lease agreement between her and me

I feel for you, been there done that TWICE!!

Have lost 2 houses to ex-wives, did not have a leg to stand on in court even though in both situations my name was on the deeds........in Canada.

The situation the OP finds himself in is not unique to LOS, men have been, and will continue to lose houses to women all over the world.

You pays your money and you takes your chances....

[cangetman]

The Lessee is entitled to purchase the Villa from the Lessor any time,

the Lessee is entitled to have any individual or juristic person to purchase the Land from the Lessor any time and,

if the law is changed, the Lessee is entitled to purchase Ihe Land from the Lessor any time.

Such individual orjuristic person or the Lessee shall be the sole owner of the Land.

The purchase price of the Property shall be equivalent to the pro-rata rent during the remainder of the lease term.

Both parties agree that the purchase price and the remaining but already paid amount of rental payments can be off-set.

The Lessee shall be solely responsible for transfer fees, withholding tax, specific business tax, stamp duties and other expenses

incurred from the transfer registration of the Property.

This lease is s make-up contract hiden your land purchase contract from the previous owner, the lady is a foreigner's agent, this will be so clear if you can show:

1. Source of funds paid to the previous owner to transfer ownership to the lady.

2. If i correctly understand you have another paper with the lady, i don't sure if they still call "Addendum" this paper setting term about all payment paid (for 90 years) but in lease contract 1/3 of all price was registered as the total rent for first 30 years (in the addendum setting the term like you accepted the renewals and paid for that? and/or may be clearly express that you can instruct the lady to transfer ownership to your nominate without any further payment....?

3. If 2 is correct, the lease is saying that you pay nothing to lessor if you exercise the right of the purchase option.

4. You should start with court proceeding with her for purpose of urging negotiation, if you can reach compromise with her then just remove the case, it is easy. (please make sure the lady do not enter into land pre-sale and pre- purchase contract with third party, it would cause your case more complicated. Do you keep the original title deed in your possession?

i have the original thai and english version of the contract and the orignianl chanot in my posesion i have all the originals for everyhting .

just for reference the property was purchased from the Plan Estates a subsidery of MBK i think you might know who i mean a massive company in thailand they own shopping malls in Bangkok , i can clearly prove that the money was sent from me to Plan Estates directly over a 24 month period so there is no problem in proving where the money came from,

just for reference the Project was in Loch Palm Katu Phuket.

[Junglejumbo]

I used to know someone with a similar lease to you in Buriram and he basically threatened to knock the house down with a hired bull dozer. He actually did knock down the front wall and gate then scared his girl friend's family into reaching an agreement. The contract states that you can do what you like to the building....

Evicting people from homes seems to be problematic just about everywhere. I also have a house and lease but so far I haven't had any problems. My partner and I are just friends now and as of yet neither of us have met anyone else knew so there's not too much friction.

However, my place is only my holiday home so I only visit it 3-4 times a year.

[cangetman]

hmmmm another classic case of why NOT to try and own property in Thailand.

That said, you have our support, mate. I don't see any clause which specifically mentions that the Lessor has the right of co-habitation, but it may well be included elsewhere. Whether or not you have such a clause, I think you would have recourse in the Thai Civil court and there have been several cases where they enforced similar agreements acceptably. Hopefully your 5K also purchased you a Thai translation of your agreement because that is what the court would rely on in making any judgement. As mentioned already, get yourself a good lawyer and attempt to have the court award you the right of sole occupancy, or confirm the right to lease it to a third party. This would establish grounds for you being able to ask her to leave and once an order is granted, you could enforce it with the help of BIB.

As said, please keep us posted.

Hi Richard hope your well thanks for the reply

[basjke]

Heavens above!! All that hassle and expense when 20,000 baht paid to a man from Surat Thani would sort out the problem

(Mods, just my dry sense of humour...)

Simon

So if you know the man then why he didn't sort out your problem.

Reading your threads from long time ago I would even have financed it for you.