If My Landlord Sells His Property Is The Contract I Have With Him Not Valid Anymore With The New Owner?

[toffo9]

so can i walk away or im i still under contract with the other guy

[Khun Jean]

This is a new one. Why would you want to walk away?

[toffo9]

Im not walking away im just asking is it still a legally binded contract even though the signature is the past landlords..

[jdinasia]

Im not walking away im just asking is it still a legally binded contract even though the signature is the past landlords..

As far as I know -- you are bound by the contract (as is the new landlord) and if your lease is over 3 years then it must be registered at the land office for additional tenant's rights issues.

[katabeachbum]

Im not walking away im just asking is it still a legally binded contract even though the signature is the past landlords..

As far as I know -- you are bound by the contract (as is the new landlord) and if your lease is over 3 years then it must be registered at the land office for additional tenant's rights issues.

change of ownership, tenant no longer bound

however new owner must honor lease if you occupied house when transfer took place. If you have a lease max 3 years, IOW not registered in land deed, but did not occupy day of transfer, new owner not bound either

[thaiwanderer]

Im not walking away im just asking is it still a legally binded contract even though the signature is the past landlords..

As far as I know -- you are bound by the contract (as is the new landlord) and if your lease is over 3 years then it must be registered at the land office for additional tenant's rights issues.

change of ownership, tenant no longer bound

however new owner must honor lease if you occupied house when transfer took place. If you have a lease max 3 years, IOW not registered in land deed, but did not occupy day of transfer, new owner not bound either

I disagree.

A contract of hire of immovable property is not extinguished by the transfer of ownership of the property hired. The transferee is entitled to the rights and is subjected to the duties of the transferor towards the hirer. (section 569 / Civil and Commercial Code)

Usual caveat regarding lease rights and duties rather than personal rights and duties between original contracting parties applies.

[johnnyk]

AFAIK both landlord and tenant are bound to honour the lease. I know the new landlord must honour it so the tennt should also. Two-way street.

[katabeachbum]

AFAIK both landlord and tenant are bound to honour the lease. I know the new landlord must honour it so the tennt should also. Two-way street.

I have read several court cases where new owner is not bound by non reg lease as property was not occupied day of transfer. Owner bought a clean Chanote with no occupants (visible or in Tabien Baan), thus homefree.

There is no reason for a Chanote/NS3G buyer must honor a lease not registered, not informed of and not visible (no resident in house, none registered in Tabien Baan).

[thaiwanderer]

AFAIK both landlord and tenant are bound to honour the lease. I know the new landlord must honour it so the tennt should also. Two-way street.

I have read several court cases where new owner is not bound by non reg lease as property was not occupied day of transfer. Owner bought a clean Chanote with no occupants (visible or in Tabien Baan), thus homefree.

There is no reason for a Chanote/NS3G buyer must honor a lease not registered, not informed of and not visible (no resident in house, none registered in Tabien Baan).

The reason is that its subject to a lease - the buyer's lack of notice or knowledge doesn't negate the lease (and nor would outright misrepresentation by the seller).

The buyer remains bound by the lease but since unregistered the inconvenience (in theory, at least) should only be short lived.

Its up to buyers to assess what they are buying to their own satisfaction.

[katabeachbum]

Its up to buyers to assess what they are buying to their own satisfaction.

exactly

no resident in Tabien Baan

no people in house, just furniture

no lease presented by seller

lock door and transfer, no obligations

at least according to Phuket Provincal Court

[thaiwanderer]

Its up to buyers to assess what they are buying to their own satisfaction.

exactly

no resident in Tabien Baan

no people in house, just furniture

no lease presented by seller

lock door and transfer, no obligations

at least according to Phuket Provincal Court

It would be a mistake to misinterpret one or indeed more court decisions as a precedent that can be relied upon.

[quiksilva]

Have to agree with Thai wanderer here.

Almost all high rise commercial towers are let on non registered leases of up to 36 months.

I would not fancy the chances of a new owner being able to change the terms of an existing non-registered lease in a high rise tower, and the law does not distinguish between commercial and residential leases of 3 years or less.