Legal Options

[eljuwa]

Dear Forum:

You have helped me before and I hope you will advise me now.

Since January 2010, I rented a condo at PST City Homes in the Param Saam / Sathu Pradit area. The first six months I paid my rent in full. It was 18,000 baht a month. The rent was reduced to 13,000 baht and was renewed for one year. My lease expired in December 2011. The owner wants her property back/ move into her place and asked me to vacate the premises in December 2011. I was in the USA until January 2012 and she agreed to wait until the end of January 2012.

I had 2 months deposit 13,000 baht times 2. She agreed not to receive her rent for January 2012. She still had the balance 13,000 baht deposit with her. My goods are being shipped to Chiang Mai, (that is going to be my new home) tomorrow, January 26th, including my computer. So I am without my internet until January 31st when my goods reach me.

After inspecting the property this morning by the Owner, the only damage to the property was some nail holes that were used to hang my pictures. About 15 holes. I expected to pay for the repair/paint touch up of these holes (like it is done in the USA). She said that the paint on the walls is a special paint. She refuses to refund any part of the deposit. She said that the whole unit has to be painted and that 13,000 baht is insufficient. I said that I am responsible for the nail holes damage but not painting the whole unit. However I was willing to pay for the painting of the whole unit under duress. I got a painter to give me a bid and he quoted 10,000 baht. for the whole job. My owner is still not showing any acceptance. She wants to keep the full 13,000 baht. I am willing to pay at least 8,000 baht. I need this deposit money for my new deposit in Chiang mai.

I have little time before I leave for Chiang mai. My goods go on January 26th. I get to Chiang mai on January 31st. I would like to get an attorney and fire off a letter to the owner to arrive at a reasonable conclusion.

Do any of you kind folks have any advice/counsel for me. Please respond ASAP

Thanks very much

James Peiris

[RKASA]

She had first and last months rent? How much was the damage deposit? Was any of it a damage deposit? Let her keep it before she thinks of something else. You got half applied to rent so your good to go, just the cost of doing business if you choose not to own. Your leaving town and she knows it - time is on her side - case closed. You may need it for a deposit in CM but, I bet even if you did get some of it - it won't be until long after that need in CM has to be met anyway. The cost of a pissing contest will be higher then its worth in the end - the best way to look at it is total amount given over time divided by months lived there - that was the rent - good deal or not?

Don't worry - be happy.

[WilliaminBKK]

Sorry to say this but getting a full deposit back is like winning the lottery.

Just walk away and save your sanity.

[Theo007]

Sorry, James, but this kind of behaviour is usual here with Thai landlords. Do not waste money on a lawyer.

[beano2274]

I have never had a problem with any landlords, I have always received the deposit back in full, no questions asked.

But I read about it quite often here, and have to say that although I may have been lucky it is the norm that they will try and keep the deposit, and charge for anything that they find.

[nowork114]

Raise this issue with building management and committee - they might be able to help ...

[beachyman]

You want to hire an attorney to get back the difference between what you would be willing to give up, 8000, and what the deposit amount is 13,000?

You would likely spend a minimum of 10-20,000 THB to even get involved in this type of legal altercation.

Not worth the time.