Rental Agreements... What Are They Worth In Thai Law

[colourcode]

Hi All,

What are the thai laws regarding renting properties? We are currently renting a property and the landlady (who is german) refuses to carry out any major works on the house stating that this is our responsibility under Thai law - however the agreement that we signed states that repairs are only our responsibility if they were caused by us (which they are not) *sigh*

Has anybody had any similar experiences and where do we stand?

[Richard4849]

It is a completely civil arrangement, so any dispute would have to be taken up in the court system.

Do you really want to do that?

[Semper]

Yes, but only with Thai-Chinese landlords. Advise, check out and move to another house.

[Soutpeel]

You would only be liable for damage you have caused to the property,

If the major works are not related to damage you have caused then responsibility sits with the owner.

However are you one who has requested said "major works" ?

[ukrules]

Just move out

[McGarty]

I moved out from a 2 year agreement after 8 months. I talked to the Landlady and she was OK about it. I talked to her because mine was unfurnished. Hard to go without her knowing. I lost my 1 month deposit but would never have expected that back anyway.

Other people I know have simply moved.

Depends if you are in furnished or unfurnished accomodation. Never expect a deposit back either.

Check your agreement thoroughly. If she is liable to do the work, give her notice in writing with a witness (Thai) to sort the work or you are leaving. Then start looking for another place and simply go.

[gkinbkk]

we moved after 12 months of a 2 year agreement and gave 2 months notice. Landlady was ok with us not paying the last 2 months of rent

Agree, move out

[Moonrakers]

Move

[craigt3365]

How about we try this in the Real Estate forum?

Topic Moved.

[stgrhe]

You will find all legal information in the Civil and Commercial Code Law, "Hire of Property", sections 537 - 571.

[noise]

Thai law is basically "legal". You lease is enforcable in court. It is just the courts take a long time.

As McGarty said, give her written notice of the work required.

Draft up a letter iterating the terms of the lease and that under Thai law the landlord/landlady is responsible for what the lease says they are responsible for. Take it to a lawyer and have him write it in legal terms in Thai and have it translated into German and mail it signature required.

That will cost a little, should not be too much if you shop around for a lawyer, but will show you know the law and will not be intimidated.

Work not done? Have it done yourself and deduct it from the rent.

And, of course, document everything

Or move

[katabeachbum]

most courts do not accept a rentalagreement case between 2 foreigners, so the document is worthless

in general any needed repair except leaking roof, is tenants responsibility

[alexanderthai]

Yes, but only with Thai-Chinese landlords. Advise, check out and move to another house.

This is not true. I think you can talk to them and compromise before sign anything in the contract agreement. It can be Thai - Chinese, Farang , Thai or whoever.

[PattayaPhom]

Withold paying your rent, that may make her do the repairs....if you just move out, of course breaking the contract means you will loose your deposit....what are the 'major repairs'?

[noise]

most courts do not accept a rentalagreement case between 2 foreigners, so the document is worthless

in general any needed repair except leaking roof, is tenants responsibility

Why would the courts discriminate? That seems like saying the law does not apply to foreigners.

If you rent a house with everything in perfect working condition and the lease says owner is responsible for any repair of malfunctions not caused by the tenant, why would the tenant be responsible, again implying the law does not apply to foreigners?

Edited October 8, 2011 by noise

[MagnumForce]

I am interested in the OP's question too, but from a different angle.

Last month we had to break our contract and move on the 12th because of flooding. I understand that this forfeits the deposit as we didn't stay for the full period of the contract. I had paid the monthly rent in advance on the 1st of the month.

My question is, since we only stayed 11 days, am I entitled to a refund of the monthly rent for the time not spent in the place ie 19 or 20 days? The contract only refers to the deposit.

Thanks.

MF

[harrry]

I am interested in the OP's question too, but from a different angle.

Last month we had to break our contract and move on the 12th because of flooding. I understand that this forfeits the deposit as we didn't stay for the full period of the contract. I had paid the monthly rent in advance on the 1st of the month.

My question is, since we only stayed 11 days, am I entitled to a refund of the monthly rent for the time not spent in the place ie 19 or 20 days? The contract only refers to the deposit.

Thanks.

MF

In Australia a lease ends if the property becomes uninhabitable.

[MagnumForce]

In Australia a lease ends if the property becomes uninhabitable.

That's fair, Harry. Does that apply here? My thoughts would be 'No' but maybe it does.

What would the definition of uninhabitable mean here? We were flooded to a depth of about 1 metre at the beginning of the month. We cleaned this mess up including the landlord's furniture. She never even bothered to call to check the damage.

On the 12th we received another flood warning from the village boss. That was it for us. We called her and told her we were moving out that day rather than face another flood. She kept the deposit and the rent for the 19 or 20 days we did not stay. It's not a lot of money but I just want to know what I'm entitled to exactly. I know the answer would probably be sweet f.a. but maybe not

[TigerWan]

I think you are wrong about that, A foreigner is entitled to lease a home out and foreigner is entitled to lease it. The contract should be in Thai however and they should have certified translators to certify the translation.

most courts do not accept a rentalagreement case between 2 foreigners, so the document is worthless

in general any needed repair except leaking roof, is tenants responsibility

[thaiwanderer]

I think you are wrong about that, A foreigner is entitled to lease a home out and foreigner is entitled to lease it. The contract should be in Thai however and they should have certified translators to certify the translation.

most courts do not accept a rentalagreement case between 2 foreigners, so the document is worthless

in general any needed repair except leaking roof, is tenants responsibility

An unregistered lease need never be translated into Thai - unless and until litigated.

It can be any language the parties agree on.

If litigated the lessor should of course ensure they're up to date on Thai tax returns and they have a work permit covering their management of the letting (unlikely) or a contract with a mangement company and have not done anything that could to an official sympathetic to the lessee (or just anti that lessor) be construed as work (again unlikely) - or the lessor has their own sympathetic official is stronger, who remains on side.

Edited October 15, 2011 by thaiwanderer

[Prajak]

How can the landlady be German and own land ? May be she is Thai too ?

[LennyW]

How can the landlady be German and own land ? May be she is Thai too ?

Where does it say she owns the land?

No restriction on foreigners owning property, and land can be leased, in a company or under an usufruct etc, but i am guessing you know that already!

I have attached a pretty decent Thai/English rental agreement if anyone wants to use it.

rental_contract.pdf

Edited October 19, 2011 by LennyW

[bmwbloch]

@LennyW

Many thanks for the rental agreement form. Never know when it becomes handy ...