Dodgy Agent? ... Tenant Rights

[thai0visa]

A few questions about tenant rights and contacts:

Note: I am a tenant who signed an agreement with an agent.

1) The contract does not have owner or agent address on the front.

Is this legal ?

2) The contract says "deposit will be returned after 30 days of me leaving the condo".

Is this legal?

If YES ... Do I have the right to ask the agent/owner to sign a document on the day that I leave the condo - stating HOW much money I will get back. (I can't believe they get 30 days to 'assess possible damage to the condo' considering a new tenant will no doubt move in !)

3) After the initial contract period, I assume the contracts change to a month-by-month rolling status (like any western country).

BUT, can a tenant give 30 notice AT ANY TIME OF THE MONTH - and leave after 30 days expecting their deposit back, or, is the Thai way that you pay (and can stay if you wish) until 30 days + the remaining days until the 'date of the month that the contract began'.

Example: In my last condo (direct owner, 6 months contract):

I signed up on the 1st of Jan 2011

On the 15 Dec 2011, I handed in my 30 day notice.

Owner says I must pay until 1st Feb 2012 - and can stay until then.

I never argued at that time, but it seems wrong. And this is not the way it works in the UK. But I can understand how Thais might become fixated on the 'start date'.

Additional:

1) I signed a 3 month contract - are these even legal ?

I am quite sure that 6 month in UK is the legal minimum, and any reduced contract length is only a gentlemen's agreement rather than legally binding.

Thanks

[JomtienEats]

I think you should chill.

These concerns are all valid and worth considering before you sign a document, but afterwards, you're just giving yourself ulcers by worrying.

>Do I have the right to ask the agent/owner to sign a document on the day that I leave the condo

Doubt it - sounds like you've agreed to give the owner 30 days to consider possible damages. But if everything is in order, it would be unusual if it took more than a few days to get your deposit back. That's a good time to start worrying.

>I assume the contracts change to a month-by-month rolling status (like any western country).

Does the contract say that? Confirm with the landlord 30 days before the end of the contract to make sure you're both on the same page about that. He might be expecting to get the condo back at the end of the period, although generally a landlord is happy to keep a good tenant.

>I am quite sure that 6 month in UK is the legal minimum,

Um, I wouldn't want you to lose face or anything . . . . but I'm quite sure you can sign a contract in the UK agreeing to anything that isn't illegal or takes away inalienable rights.

[PattayaPhom]

Personally I return deposits on day of leaving property as many are returning to home countries Maybe the agent has passed the deposit to owner hence the delay,

[BlackPuddingBertha]

These concerns are all valid and worth considering before you sign a document, but afterwards, you're just giving yourself ulcers by worrying.

Indeed. This is stable-door stuff and the time to think about it is before you sign, not after. After is the time to reflect at leisure before your next contract.

When I signed my contract I just went through it and crossed out and rewrote all the bits I didn't fancy. The agent still signed on the dotted line, as expected.

Nil illegitimi carborundum.

[sotsira]

What's legal or illegal is anyones guess as there are no laws or regulations that i know of

here in Thailand in the renting & sales industry.

Each agent seems to have their own set of rules, therefore you are at their mercy once you

sign a contract and hand over your money.

If you do contest any unfair behaviour you would need to further involve a lawyer at your cost and wait

months or years before anything gets resolved through the Thai courts.

If you do business directly with a landlord you could be safeguarding yourself from at least one party

from being involved and have only the landlord to deal with instead of an agent as well. It could also save you

some of the rental charge too.

Lastly, don't compare the UK rules & regs with what goes on in Thailand, their is no comparison whatsoever.

[trogers]

1) The contract does not have owner or agent address on the front.

Is this legal

A basic requirement in a legal contract - the particulars of the contracting parties. InThailand, you even need a signed copy of the ID card or Passport of the contracting parties.

[richardt1808]

The reason that most contracts state "30 days" is because utilities such as telephone and electricity are often in the owner's name and not the tennant's name - especially with short term leases. The 30 days allows the owner time to receive the latest month's utility bill and make sure that there are no unpaid amounts due. Often owners will use part of the deposit to pay those final amounts and then refund you the balance. Way back when I was still renting apartments, this was always the case and explained clearly to me upfront.