Flooded Rented Home - Advice Needed

[MEL1]

I know most of us here aren't solicitors or lawyers, but we have experience.

I, however, have little experience in disputes and, therefore, need some experienced replies.

My wife and I, both, have a six-month rental agreement that began in August and is due to end in Feb.

Our rent is 10K Baht, and we deposited 30K, 2 months up front and 10K 'bond', which we have a written receipt and agreement for, in Thai. My wife is Thai.

Our home, near to Phatum was flooded 2 months ago, and of course we were forced to move out and find a condo in BKK.

Water in our home and village is still 1.5m, stagnant and unhabitable.

We haven't paid rent since we moved out, and our landlord understands that.

However, he is now saying we are responsible to clean his home and he will not.

We told him if he can't clean it then we will not return. He is happy for that, but says he will not return our 10K bond.

We spoke to a lawyer last night, who said he is wrong in not returning the bond, and asking us to clean 'his' home.

If we want to pursue the matter through petty claims court, the lawyer said we have to pay him, and it will be a lot more than 10K in costs.

In the most countries of the world, if one isn't prepared to settle out of court and one pursues through court, then if the defendant loses the case, he/she is normally responsible for all costs, including the plaintiff's legal and the court's costs.

My question is: Does that not apply in Thailand? If we win the case, do we still have to pay our lawyer's costs?

So, although not a huge amount, in principle we lose anyway?

-mel. :jap:

[Hooters]

Sounds messy. You me be in the right but is it worth the hassle and the stress? I would just put it down bad luck and move on.

I typed your question into google and this document came up. you may find your answer here

http://www.iclg.co.uk/index.php?area=4&country_results=1&kh_publications_id=181&chapters_id=4283

[culicine]

The quotes in my village for cleaning seem to be for 5000 baht and up - this is a single house though. I also had ozone treatment which was 5000 baht. I think it would be at least 10K to clean and disinfect the place properly. In your shoes I'd forego the 10K and find another place to live. Then there's other damage that needs to be repaired - tiles, painting, etc. So workers could be in and out for a couple of months. Our builder is not available until New Year. I don't think I'd be squabbling over 10K baht in this instance.

[MEL1]

Sounds messy. You me be in the right but is it worth the hassle and the stress? I would just put it down bad luck and move on.

I typed your question into google and this document came up. you may find your answer here

http://www.iclg.co.u...hapters_id=4283

Cheers Hooters. I wouldn't have found such a link. I want to let it go, but my wife scratches badly if she feels done by. It's her call, and she's screaming blue murder....lol.

10K isn't a lot to me, but in her principle she sees it as a lot in LOS, and she is an arguer against bad principles.

Initial reading indicates that a file can be logged, whereby the defendant has to agree to costs, if we put up 2% of our claim first. There could be a road here.

I'd sooner take a walk in peace and look at the stars. If my wife wants to pursue it further then she, of course, has my full backing.

Would be interesting to see a court case argued where the plaintiffs are both English and Thai.... ?

-mel.

[InterestedObserver]

Write it off and move on. Cost more then it's worth to make it right, either way. The wife's position is an entirely different matter, don't you just love em.

[meatboy]

out of curiosity who is entitled to the 5,000bht help from the goverment

[Guts]

Just out of curiosity:

If you haven't paid rent while still under contract, don't you breach the contract anyway?

And has the landlord therefore the right to keep the deposit?

[dave111223]

Just out of curiosity:

If you haven't paid rent while still under contract, don't you breach the contract anyway?

And has the landlord therefore the right to keep the deposit?

That's what i would have thought.

Seems fair to me, you didn't pay rent for me month of 10K, landlord keeps bond of 10K, all equals out.

Unless of course the contract says something a long the lines of "if the house is uninhabitable due to nature disaster no rent is payable"

[stiggy]

Most contracts I have seen indicate fire and natural disasters as being down to tenant,

As another wrote didn't you break contract when you left and didn't pay?

Surely you can't expect the guy to wear sorry no rent as I moved due to floods, and get 10k back.

Had a building I rent damaged in a big storm,met cost of clean up at 50/50 with landlord.

[PattayaPhom]

Surely the tenant should pay.......although not your fault, it isnt that of the landlord either......