Can I Sue My Landlord?

[mdotinc]

Hi All!

New problem!

I have the landlord from hell.....since I've moved in ive had problems with the water pump,

problems with the air, etc....

She once said, "this is not a hotel, don't nag her, if theres a problem fix it!"

We rented because when you rent, you dont need to take care of the problems...thats what the

landlord is for!

Im trying to get back my deposit. I know im fighting a losing battle...but my question is what action

can I take against her? Im in kamala...

Can I sue, or what channels do I need to go through to achieve something?

Thanks

[bunnaag]

the lawyer is probably more expensive than the deposit.

[mdotinc]

I dont want to hire a lawyer. Thats why I would like to know what channels I need to go through.

I have won many cases by representing myself in my home country, but I know thailand is very different.

I can represent myself, I just need to know how to go about the legal process here.

Anyone that knows or has travelled down this road please reply...

[Gary A]

Hire the repairs done and deduct the cost from your rent. Make sure you give the landlord a copy of the receipt. That's about the only option you have. If the landlord has a problem with that, move. I rent out a condo and that is how I do it. Of course my tenant is trusted and has never caused me a problem. In any case, you're not likely to get your deposit back.

Being a landlord is a stinking miserable job if you have a tenant who whines about every little thing. I once had to go reset the ELB on the shower because the then tenant pushed the test button and wasn't smart enough to reset it.

[Farma]

The Thailand business and legal guide link posted in the pinned topics in this thread http://www.thaivisa....seful-web-site/ is worth reading. Chapter 26?

I think you will find a Thai lawyer is required in all dealings with the court. I strongly believe representing yourself will be out of the question.

Edited April 26, 2012 by Farma

[VocalNeal]

I rent and I paid for the A/C to be installed. Of course I'll take it with me etc... but...

We rented because when you rent, you dont need to take care of the problems...thats what the

landlord is for!

Yes it is if you are paying a premium for that service. Some and obviously your landlord does not see it that way. If in fact you are paying a premium. Some landlords are not in the 'rent for a profit" business and hence the rents are cheap because all they want is enough income to cover the cost of owning while they wait 20 years for the price of the property to increase.

It sounds like it might be too late now as you are her tenant from hell but if not and you like the house get someone to come and look at the problems. If it is only a few thousand baht, fix it. If it needs more than say 1/2 to 1 months rent and /or replacement pump or A/C components get a price and then suggest you get it fixed and take it out of the rent.

I know people with leaky roofs that won't fix it because it is not their building yet suffer all kinds of misery while still living there.

Life is too short for all this nonsense.

Edited April 26, 2012 by VocalNeal

[h90]

Hire the repairs done and deduct the cost from your rent. Make sure you give the landlord a copy of the receipt. That's about the only option you have. If the landlord has a problem with that, move. I rent out a condo and that is how I do it. Of course my tenant is trusted and has never caused me a problem. In any case, you're not likely to get your deposit back.

Being a landlord is a stinking miserable job if you have a tenant who whines about every little thing. I once had to go reset the ELB on the shower because the then tenant pushed the test button and wasn't smart enough to reset it.

[Kilgore Trout]

If you don't get your deposit back, remember palaa can be spread in the most difficult places to clean/hide

[lopburi3]

Hire the repairs done and deduct the cost from your rent. Make sure you give the landlord a copy of the receipt. That's about the only option you have. If the landlord has a problem with that, move. I rent out a condo and that is how I do it. Of course my tenant is trusted and has never caused me a problem. In any case, you're not likely to get your deposit back.

Being a landlord is a stinking miserable job if you have a tenant who whines about every little thing. I once had to go reset the ELB on the shower because the then tenant pushed the test button and wasn't smart enough to reset it.

Unless the tenant has previously had such a unit would not expect them to know there is a hidden lever under the bottom cover that needs to be reset unless you have attached a label. And yes I have seen Thai make this mistake if they have never used (many believing the button is used to turn it on).

[wana]

If you don't get your deposit back, remember palaa can be spread in the most difficult places to clean/hide

great advice to give in a country with not much laws .........

if someone did that in one of my properties he would fall off the balcony and the police would quickly decide it was an accident

[mdotinc]

I rent and I paid for the A/C to be installed. Of course I'll take it with me etc... but...

We rented because when you rent, you dont need to take care of the problems...thats what the

landlord is for!

Yes it is if you are paying a premium for that service. Some and obviously your landlord does not see it that way. If in fact you are paying a premium. Some landlords are not in the 'rent for a profit" business and hence the rents are cheap because all they want is enough income to cover the cost of owning while they wait 20 years for the price of the property to increase.

It sounds like it might be too late now as you are her tenant from hell but if not and you like the house get someone to come and look at the problems. If it is only a few thousand baht, fix it. If it needs more than say 1/2 to 1 months rent and /or replacement pump or A/C components get a price and then suggest you get it fixed and take it out of the rent.

I know people with leaky roofs that won't fix it because it is not their building yet suffer all kinds of misery while still living there.

Life is too short for all this nonsense.

I pay 18,000 baht per month for rent. its not cheap. She is in the business to make money.

rentors rent because they have the luxury of not having to deal with issues that an owner does.

Regardless of whether someone is paying a premium or not, a landlord is responsible for their home.

and sir, you called me a tenant from hell....would u like to have no water every time u shower? or is

it that you also are another landlord from hell?

[VocalNeal]

Regardless of whether someone is paying a premium or not, a landlord is responsible for their home.

I tried to help you but carry on with your lawsuit.

OR At 18,000 a month then get it fixed and deduct it from the rent. Then relax somewhere with a beer.

Again life is too short.

[mdotinc]

I simply put this to get advice...never said i was going to sue for sure.....

thats the one thing i hate about thaivisa...having to argue with people like you.

life is too short....give me a break....

go sip ur pina colada.

[phl]

i do not think by suing you will achieve much but spend more money. there is one trick, little dirty but worked for me each and every time.

by thai law, every landlord must register rental property and pay tax on it.

suggest/question her as to if the property is registered as a rental or should you contact revenue department to notify them.

what it basically means is that if she does not give back the deposit or whatever you will notify revenue dep and she will be liable to pay tax, mind you they wll check back to the length of ownership and demand tax for the entire period.

i know its on the border line of blackmail, but sometimes in thailand, one needs to go down to that level

PS. in the past, every time i had a problem with landlord NOT wanting to refund deposit or to charge for something i did not break, this strategy worked really well.

Edited April 26, 2012 by phl

[SteveLynch]

Hi how long of contract do you have ,maybe sometimes it's best to cut and run say goodbye to deposit that you have given

I'm guessing it's about 50 k she is holding so nearly 3 months rent

I'd suggest getting out finding a 5 k a month place for a few months recoup the 50 k that way and start again ,hopefully you will find somebody better next time

I'd say suing her is out of the question ,As for defending yourself in court is pretty rare ,there was a Iranian guy who did it but he spent nine years in prison learning law!

Move on and look fowardvto a new house

[phl]

Another option is NOT to pay rent but to live out the deposit, Legally she can not lock you out without a court order.

If she does change locks, simple call to police and she will be arrested and up for 250 000baht bail.

[h90]

Hire the repairs done and deduct the cost from your rent. Make sure you give the landlord a copy of the receipt. That's about the only option you have. If the landlord has a problem with that, move. I rent out a condo and that is how I do it. Of course my tenant is trusted and has never caused me a problem. In any case, you're not likely to get your deposit back.

Being a landlord is a stinking miserable job if you have a tenant who whines about every little thing. I once had to go reset the ELB on the shower because the then tenant pushed the test button and wasn't smart enough to reset it.

Unless the tenant has previously had such a unit would not expect them to know there is a hidden lever under the bottom cover that needs to be reset unless you have attached a label. And yes I have seen Thai make this mistake if they have never used (many believing the button is used to turn it on).

I first saw such a device when I was 30 and could figure it all out in say 25 seconds.

By randomly press everything that you find you would have fixed it in 45 seconds.

Maybe the tenant had other intentions with Gary A?

[Gary A]

I once rented a brand new house and was the first person to live there. It had village water that had very little pressure and was frequently off. At the time I agreed to rent it, I asked the landlord if I could add a storage tank and water pump as well as install an air conditioner and shower water heater. It was agreed that when I left I could take them with me. I paid the rent every month at the bank. There was no deposit and I never saw the landlord again even when I moved out. The landlord was ahead of the game because I left all the plumbing and wiring there.

[mdotinc]

i do not think by suing you will achieve much but spend more money. there is one trick, little dirty but worked for me each and every time.

by thai law, every landlord must register rental property and pay tax on it.

suggest/question her as to if the property is registered as a rental or should you contact revenue department to notify them.

what it basically means is that if she does not give back the deposit or whatever you will notify revenue dep and she will be liable to pay tax, mind you they wll check back to the length of ownership and demand tax for the entire period.

i know its on the border line of blackmail, but sometimes in thailand, one needs to go down to that level

PS. in the past, every time i had a problem with landlord NOT wanting to refund deposit or to charge for something i did not break, this strategy worked really well.

thank you!!! this is the exact type of advice i was looking for!

hehe

thanks alot for your help!

[JurgenG]

There is a difference between a rented flat and a hotel or a service appartment. The price is one of them.

You have a problem, you fix it. Now is the problem preexisting or normal wear and tear ? So you join the bill to your next rental payment and you deduct the cost from the payment. Is it something you damaged ? You have to pay for it.

Your landlord is not Super Mario, he can't fix instantly whatever is broken in your flat. He doesn't operate an hotel so he doesn't have a team of repair mens to fix instantly whatever is broken.

You want a five stars service ? Book a five stars hotel !

Edited April 26, 2012 by JurgenG

[edwinclapham]

Our Landlord in NongKhai is truly amazing. Lives across the road. One minute problem with the house, a team of guys are there to fix it within hours.

He is highly offended when I get the tool box out, and feels this is his responsibility.

Our Landlady in Bangkok operated on the same principle.

[BigJohnnyBKK]

Short answer - sure but it isn't worth your while.

I've found the most successful strategy is to factor into my expectations that I often won't get the deposit back, and that I'll have to pay for most repairs. I might have different expectations if I were in a "luxury full-serviced" type of place with full-time staff. However even then I wouldn't be surprised, very little "customer service" mentality in most areas of business here.

I look for places that are cheap by even my standards, and factor in the improvements and ongoing repairs I will have to make, then negotiate for specifics on a case by case basis.

For example, I told my landlord I wouldn't ask her to fix anything electrical because I saw I'd have to get significant rewiring work done anyway to accommodate my electronics, but said anything to do with water - leaks, plumbing fixtures etc I would expect her to take care of. Also I repaint myself, installed a kitchen etc. In exchange she put in writing that I can sublet, the rent won't increase for three years and I can run a business in the premises. I sign a new three-year lease every year, so far so good.

[kevjohn]

Short answer - sure but it isn't worth your while.

I've found the most successful strategy is to factor into my expectations that I often won't get the deposit back, and that I'll have to pay for most repairs. I might have different expectations if I were in a "luxury full-serviced" type of place with full-time staff. However even then I wouldn't be surprised, very little "customer service" mentality in most areas of business here.

I look for places that are cheap by even my standards, and factor in the improvements and ongoing repairs I will have to make, then negotiate for specifics on a case by case basis.

For example, I told my landlord I wouldn't ask her to fix anything electrical because I saw I'd have to get significant rewiring work done anyway to accommodate my electronics, but said anything to do with water - leaks, plumbing fixtures etc I would expect her to take care of. Also I repaint myself, installed a kitchen etc. In exchange she put in writing that I can sublet, the rent won't increase for three years and I can run a business in the premises. I sign a new three-year lease every year, so far so good.

Can I ask how you sign, a new three-year lease, every year

[wana]

Short answer - sure but it isn't worth your while.

I've found the most successful strategy is to factor into my expectations that I often won't get the deposit back, and that I'll have to pay for most repairs. I might have different expectations if I were in a "luxury full-serviced" type of place with full-time staff. However even then I wouldn't be surprised, very little "customer service" mentality in most areas of business here.

I look for places that are cheap by even my standards, and factor in the improvements and ongoing repairs I will have to make, then negotiate for specifics on a case by case basis.

For example, I told my landlord I wouldn't ask her to fix anything electrical because I saw I'd have to get significant rewiring work done anyway to accommodate my electronics, but said anything to do with water - leaks, plumbing fixtures etc I would expect her to take care of. Also I repaint myself, installed a kitchen etc. In exchange she put in writing that I can sublet, the rent won't increase for three years and I can run a business in the premises. I sign a new three-year lease every year, so far so good.

Can I ask how you sign, a new three-year lease, every year

i cant speak for him ,but a lease can be re-newed before it expires

ive seen it done before

[soi41]

Another option is NOT to pay rent but to live out the deposit, Legally she can not lock you out without a court order.

If she does change locks, simple call to police and she will be arrested and up for 250 000baht bail.

Sometimes I wonder, why posters here answer to topics they know absolutely zero about.

A courtorder, ya sure, the local BIB will have you out in 5 minutes! "and she will be arrested and up for 250k bail" Go back to your barstool and impress your friends with your understanding of the Thai legal system.

[brit1984]

As a landlord and a tenant I am very aware of the feelings on both sides

Properties are extremely complicated so things do go wrong and tenants need to understand that landlords have lives too

Obviously expectations on both sides should be set based on a conversation prior to signing a contract, which doesn't seem to have happened here

I would suggest OP shouldn't expect much love and attention from the landlord on a 18k baht (400 pounds) per month flat

[wana]

if hes not a professional landlord and he has a regular 9-5 job or lives far away you cannot expect him to drop everything and come and change a lightbulb for you

i prefer to rent apartments that have a receptionist , a chef and some staff like a security guards and a maintainance guys working 24/7 but of course none of this is free and these kind of apartments cost a bit more than just renting from the owner privately

but when something is broken ,its usually fixed within the hour and i dont mind paying a bit extra for this kind of service

[thenervoussurgeon]

Your landlady sounds great ,you have a problem ,get it fixed and deduct it from the rent ,way to go half the landlords would do nothing and still want all the rent ,its your home fix it ,or go live in a hotel.

[Soutpeel]

I think you will find a Thai lawyer is required in all dealings with the court. I strongly believe representing yourself will be out of the question.

Most certainly unless the OP speaks, reads and writes Thai....

It also seems the OP fancies himself as a bit of barstool lawyer as well

[Soutpeel]

i do not think by suing you will achieve much but spend more money. there is one trick, little dirty but worked for me each and every time.

by thai law, every landlord must register rental property and pay tax on it.

suggest/question her as to if the property is registered as a rental or should you contact revenue department to notify them.

what it basically means is that if she does not give back the deposit or whatever you will notify revenue dep and she will be liable to pay tax, mind you they wll check back to the length of ownership and demand tax for the entire period.

i know its on the border line of blackmail, but sometimes in thailand, one needs to go down to that level

Only one flaw in your cunning plan Baldrick...what happens is she is registered and paying the required tax...then what ?

Also attempted blackmail in Thailand can end up rather badly for the blackmaileree...especially if its a farang