Landlord Refuses To Pay Back Deposit

[kurnell]

What are your options if a landlord refuses to return a deposit after asking one to leave after allegedly having too many parties?

[sarahsbloke]

Use the deposit as rent ...... leave after it runs out.

[Crossy]

It seems our OP is being evicted for nuisance, if this is the case do not expect return of the deposit.

[Carib]

Use the deposit as rent ...... leave after it runs out.

The most sound advice this is.

It is a common problem; not paying back, or they will see some "damage" or the place has to bee " cleaned", stuff needs to be replaced because it is " broken", whatever.

Had a friend who took the refrigerator with him, it was not on the inventory list, so he told the landlord he could have it for the 3 ! months deposit. The landlord gave in. .

[MikeyIdea]

Easy - Ask yourself what you would have done if you had been the owner of the apartment. If you have not troubled your neighbours and in fact is leaving the apartment in the same condition you got it, then don't pay for a month and then leave, otherwise accept and leave now

[007]

Had a friend who took the refrigerator with him, it was not on the inventory list, so he told the landlord he could have it for the 3 ! months deposit. The landlord gave in. .

Must have been an expensive (used) fridge, or a very cheap place...

[merijn]

There is also a different side on the story.

I rent out houses and the rental contract I use is quite extensive because I had to many problem in the past.

Sometimes when the people move out of the house, the house looks like a mess with everywhere holes in the walls ( from hanging things on the wall ) and so on.

So I can understand that the deposit can be used to repair those things. ( I do it also if required )

Most people understand this, but you have always sometime people who doesn't.

The rental contract I use mentions very clear what is expected from the tenants in regard of damage but also any possible disturbance for the neighbors.

[thrilled]

This is A common occurance in Thailand.I never hear of anyone getting satisfied.Like the one post said,don't pay the last month,use your deposit to cover the rent for the month.It seems that once baht is in the owners hand,it's gone

[merijn]

This is A common occurance in Thailand.I never hear of anyone getting satisfied.Like the one post said,don't pay the last month,use your deposit to cover the rent for the month.It seems that once baht is in the owners hand,it's gone

So you think that it is normal to wreck and outlive a complete house ( which happens ) and just run of without paying for any damage or for the outstanding bills ( electricity, water etc ) as they normally come the following month.

No wonder that some people have problems to get back the deposit money.

If our tenants informs us that they are leaving we always make a list together with which things has to be done or paid and the rest of the deposit is returned within 30 days after they moved out.

[Khun Jean]

Try to be a good tenant. Never had problems with deposits. Also check if the bills are priced normal. Good tenants are a minority, up to us to prove otherwise. Too many wierdos with lack of respect for everything around.

If you are asked to leave it is to protect others, this will leave the place empty until another tenant is found. Withholding deposit is the right thing to do.

If you would use the deposit for last months rent with me without an agreement to do so, you will find your stuff on the street.

[sarahsbloke]

If our tenants informs us that they are leaving we always make a list together with which things has to be done or paid and the rest of the deposit is returned within 30 days after they moved out.

Many landlords can't be trusted.

Often they don't have the money to return, so make excuses to keep it.

There is absolutely no excuse for a landlord to keep any money beyond the hand over keys day of moving out. Inspection done by landlord at the same time.

Electricity, water, telephone bills are easily estimated from the last months bill, or just reading the meters yourself on the day of leaving.

Tenants need to protect their deposit.

This is not just a problem in Thailand, exactly the same in the UK.

[trogers]

If our tenants informs us that they are leaving we always make a list together with which things has to be done or paid and the rest of the deposit is returned within 30 days after they moved out.

Electricity, water, telephone bills are easily estimated from the last months bill, or just reading the meters yourself on the day of leaving.

I would not go with just an estimate, esp. electricity and phone bills. who will know if the tenant had turned on all the air-con 24/7 or made numerous long distance calls knowing the lease is ending in a month or two...

[jdinasia]

Try to be a good tenant. Never had problems with deposits. Also check if the bills are priced normal. Good tenants are a minority, up to us to prove otherwise. Too many wierdos with lack of respect for everything around.

If you are asked to leave it is to protect others, this will leave the place empty until another tenant is found. Withholding deposit is the right thing to do.

If you would use the deposit for last months rent with me without an agreement to do so, you will find your stuff on the street.

I have only had good experiences with deposits in Thailand. I have gotten every satang back that has been due me. I have paid where there have been damages and it has not been excessive.

[sarahsbloke]

If our tenants informs us that they are leaving we always make a list together with which things has to be done or paid and the rest of the deposit is returned within 30 days after they moved out.

Electricity, water, telephone bills are easily estimated from the last months bill, or just reading the meters yourself on the day of leaving.

I would not go with just an estimate, esp. electricity and phone bills. who will know if the tenant had turned on all the air-con 24/7 or made numerous long distance calls knowing the lease is ending in a month or two...

You can read the electricity meter yourself!

You can call the phone company and ask how much the current bill is.

OK, you might be 100bht out of pocket .... but that isn't an excuse to kepp a 10,000bht deposit.

[trogers]

You can read the electricity meter yourself!

You can call the phone company and ask how much the current bill is.

OK, you might be 100bht out of pocket .... but that isn't an excuse to kepp a 10,000bht deposit.

Perhaps you can guide me on the actual calculations of an electricity bill based on 100 units of electricity.

I do not call the phone company because the phone line may be TOT's but international IDD calls can be made through any of these prefixes - 001, 006, 008, and 009 which are charged by different companies.

Anyway, I refunded my last tenant 2 weeks after he moved out and after all these bills are cleared, even though the contract states 30 days.

I provided him a final statement of accounts for mutual agreement prior to remitting money to his bank account.

[sarahsbloke]

Perhaps you can guide me on the actual calculations of an electricity bill based on 100 units of electricity.

PEA home page

The English has gone away, but the tariff is there somewhere ....... find it later.

Spreadsheet here

But you would need to insert current rates from PEA

PEA home page rates.pdf is menu1, dropdown 6

PEA home page power factor is menu1, dropdown 9

Edited November 19, 2010 by sarahsbloke

[jdinasia]

Depends on the contracted rate set aside in the lease (regarding the cost of electricity).

[sarahsbloke]

Lets use 160 units (table 1.1.2) as a more realistic useage (below 150 units uses table 1.1.1)

Current Electricity Charges PDF from PEA here

So

standing charge 40.9

150 units x 1.8047 = 270.705

10 units x2.7781 = 27.781

Total for 160 units 298.486 bht

add power factor (off my last bill under section "Ft")

160 x 0.9255 = 148.08 bht

Standing charge + units + power factor = 40 + 298 + 148 = 486 bht

Tax at 7% = 34Bht

Giving a total bill of ........... 520Bht

Edited November 19, 2010 by sarahsbloke

[kurnell]

This is on behalf of my colleague who has already left the apartment. There is no damage. He was asked to leave for allegedly being too loud.

Getting back onto the topic, who should he contact apart from police to settle the issue as he is owed 150k +

[jdinasia]

This is on behalf of my colleague who has already left the apartment. There is no damage. He was asked to leave for allegedly being too loud.

Getting back onto the topic, who should he contact apart from police to settle the issue as he is owed 150k +

You suggest he is owed 150k+. That may or may not be the case at all as it would depend on the lease and the applicable laws.

[MikeyIdea]

This is on behalf of my colleague who has already left the apartment. There is no damage. He was asked to leave for allegedly being too loud.

Getting back onto the topic, who should he contact apart from police to settle the issue as he is owed 150k +

He shouldn't contact the police because this issue is not covered by criminal law and thereby out of their juristiction, not their business, he should contact a lawyer and make a civil case out of it.

[ESB7]

Just one of the many benefits to renting over owning :lol:

[Khun Jean]

This is on behalf of my colleague who has already left the apartment. There is no damage. He was asked to leave for allegedly being too loud.

Getting back onto the topic, who should he contact apart from police to settle the issue as he is owed 150k +

You mean the landlord is forced to move him out because otherwise other tenants will make problems. And by having to remove your colleague he now has an apartment that is not rented out, and then you think he owes something?

If i was the landlord you can say the deposit goodbye too, this is exactly why a deposit is necessary!

[trogers]

Such an occurrence will be getting more frequent as an oversupply of condo units forces landlords to be less discerning when choosing tenants. I had turned down a few prospective tenants myself in these past few months, avoiding bachelors in their late 20s and early 30s.

Tenants should bear in mind that a condo unit is communal living and a place of residence. You can book a function room in a hotel for noisy parties.

Edited November 20, 2010 by trogers

[travelmann]

Such an occurrence will be getting more frequent as an oversupply of condo units forces landlords to be less discerning when choosing tenants. I had turned down a few prospective tenants myself in these past few months, avoiding bachelors in their late 20s and early 30s.

Tenants should bear in mind that a condo unit is communal living and a place of residence. You can book a function room in a hotel for noisy parties.

A lot of people really think when they pay the rent they can do exactly what they want and then come here to whinge and moan when they lose their deposit,. usually they lost it for a very good reason as already stated by the OP.................they were selfish pr***ks and now they have to pay the price.........but oh the i njustice it was only a few parties, bet the neighbours were well impressed and there's always one idiot like this Thai or Farang on every floor of every condo.

Take good care of the room you rent be respectful to other neighbours dont smoke when it says no smoking and you will more than likely get no problems.

The Uk law on rents has monies held in escrow accounts now I think and is much safer for the renter ........................sadly in my opinion.

There are just too many " im gonna do what i want and <deleted> U" people in the world today and once they get to Thailand they seem to think even less in the way of rules apply.

Have a nice day now :jap:

[travelmann]

This is on behalf of my colleague who has already left the apartment. There is no damage. He was asked to leave for allegedly being too loud.

Getting back onto the topic, who should he contact apart from police to settle the issue as he is owed 150k +

You mean the landlord is forced to move him out because otherwise other tenants will make problems. And by having to remove your colleague he now has an apartment that is not rented out, and then you think he owes something?

If i was the landlord you can say the deposit goodbye too, this is exactly why a deposit is necessary!

Forget it Jean these sort always think its ok to do what they want when they want and who are u to tell them otherwise....this is how they think

[travelmann]

There is also a different side on the story.

I rent out houses and the rental contract I use is quite extensive because I had to many problem in the past.

Sometimes when the people move out of the house, the house looks like a mess with everywhere holes in the walls ( from hanging things on the wall ) and so on.

So I can understand that the deposit can be used to repair those things. ( I do it also if required )

Most people understand this, but you have always sometime people who doesn't.

The rental contract I use mentions very clear what is expected from the tenants in regard of damage but also any possible disturbance for the neighbors.

I always use a "nothing to be stuck or fastened on the walls clause" etc although sometimes they use blu tack BUT this still leaves an oily residue requiring r e painting, they never learn even when they tell you this.

Ineterstingly where I live there is a no smoking rule outside in a walkway,and recently people have been smoking in it .

When the security guards ask them not to they get a lot of abuse and are now reluctant to do so. many Thais disaprove but are reluctant to say anything, they need to speak up more.. Again selfishness.

[merijn]

There is also a different side on the story.

I rent out houses and the rental contract I use is quite extensive because I had to many problem in the past.

Sometimes when the people move out of the house, the house looks like a mess with everywhere holes in the walls ( from hanging things on the wall ) and so on.

So I can understand that the deposit can be used to repair those things. ( I do it also if required )

Most people understand this, but you have always sometime people who doesn't.

The rental contract I use mentions very clear what is expected from the tenants in regard of damage but also any possible disturbance for the neighbors.

I always use a "nothing to be stuck or fastened on the walls clause" etc although sometimes they use blu tack BUT this still leaves an oily residue requiring r e painting, they never learn even when they tell you this.

Ineterstingly where I live there is a no smoking rule outside in a walkway,and recently people have been smoking in it .

When the security guards ask them not to they get a lot of abuse and are now reluctant to do so. many Thais disaprove but are reluctant to say anything, they need to speak up more.. Again selfishness.

I just set up a new rental contract for my houses which I will use when new people move in.

The contract is very clear about any damages ( walls, doors and so on ) and also when they lose the right of deposit returns.

The contract is maybe long but there is no discussion any more about when and if the deposit has to be paid or when the tenants are in breach of the contract and I can remove them if necessary.

[sarahsbloke]

There is also a different side on the story.

I rent out houses and the rental contract I use is quite extensive because I had to many problem in the past.

Sometimes when the people move out of the house, the house looks like a mess with everywhere holes in the walls ( from hanging things on the wall ) and so on.

So I can understand that the deposit can be used to repair those things. ( I do it also if required )

Most people understand this, but you have always sometime people who doesn't.

The rental contract I use mentions very clear what is expected from the tenants in regard of damage but also any possible disturbance for the neighbors.

I always use a "nothing to be stuck or fastened on the walls clause" etc although sometimes they use blu tack BUT this still leaves an oily residue requiring r e painting, they never learn even when they tell you this.

Ineterstingly where I live there is a no smoking rule outside in a walkway,and recently people have been smoking in it .

When the security guards ask them not to they get a lot of abuse and are now reluctant to do so. many Thais disaprove but are reluctant to say anything, they need to speak up more.. Again selfishness.

I just set up a new rental contract for my houses which I will use when new people move in.

The contract is very clear about any damages ( walls, doors and so on ) and also when they lose the right of deposit returns.

The contract is maybe long but there is no discussion any more about when and if the deposit has to be paid or when the tenants are in breach of the contract and I can remove them if necessary.

I was under the impression that only a contract written in Thai by a Thai lawyer is legally valid in Thailand.

So what exactly do you think you are doing?

[travelmann]

There is also a different side on the story.

I rent out houses and the rental contract I use is quite extensive because I had to many problem in the past.

Sometimes when the people move out of the house, the house looks like a mess with everywhere holes in the walls ( from hanging things on the wall ) and so on.

So I can understand that the deposit can be used to repair those things. ( I do it also if required )

Most people understand this, but you have always sometime people who doesn't.

The rental contract I use mentions very clear what is expected from the tenants in regard of damage but also any possible disturbance for the neighbors.

I always use a "nothing to be stuck or fastened on the walls clause" etc although sometimes they use blu tack BUT this still leaves an oily residue requiring r e painting, they never learn even when they tell you this.

Ineterstingly where I live there is a no smoking rule outside in a walkway,and recently people have been smoking in it .

When the security guards ask them not to they get a lot of abuse and are now reluctant to do so. many Thais disaprove but are reluctant to say anything, they need to speak up more.. Again selfishness.

I just set up a new rental contract for my houses which I will use when new people move in.

The contract is very clear about any damages ( walls, doors and so on ) and also when they lose the right of deposit returns.

The contract is maybe long but there is no discussion any more about when and if the deposit has to be paid or when the tenants are in breach of the contract and I can remove them if necessary.

I was under the impression that only a contract written in Thai by a Thai lawyer is legally valid in Thailand.

So what exactly do you think you are doing?

I was under the impresion you must wear a motorcycle helmet whilst driving a motorcycle Cant see many Farang customers signing any Thai contract, 90% probably cant read it.