Thai Eviction Procedures

[legendarysurfer]

Does anyone have experience or knowledge of Thai eviction procedures? I expect to have to (or, that is, have my wife) evict some family members who remain in one of our homes that we plan to sell. Any help, much appreciated.

Edited December 25, 2012 by metisdead
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[ThaiRich]

It will never happen!!!!

You will never get Thai to turn against Thai in favor of a farang..

Your Thai wife will never force family out of a house unless, you are going to provide them with a new house to live in.

[SteeleJoe]

It will never happen!!!!

You will never get Thai to turn against Thai in favor of a farang..

Your Thai wife will never force family out of a house unless, you are going to provide them with a new house to live in.

Bo**ocks. Complete and utter.

Sent from my iPad using ThaiVisa ap

[CHRISTIANa9]

Does anyone have experience or knowledge of Thai eviction procedures? I expect to have to (or, that is, have my wife) evict some family members who remain in one of our homes that we plan to sell. Any help, much appreciated.

I like to see how your wife handle that. Pls keep us posted.

[ballbreaker]

A friend had same situation and he used lawyer. First step was letter from lawyer giving them 45 days to vacate property. After they still refused to vacate court papers were filed and they were served with papers to appear in court. The outlaws were able to stretch it to several court appearances before court finally issued vacate order by certain date or they would be arrested. In total it took eight months to get them out.

Now you would think that would be the end but it was not. It cost him 100k baht to restore house to state he could rent plus the cost of new furniture because old furniture had been removed in violation of court order by outlaws. His lawyer has now filed papers suing them for cost of repair and replacement furniture plus a few other items.

[SteeleJoe]

It will never happen!!!!

You will never get Thai to turn against Thai in favor of a farang..

Your Thai wife will never force family out of a house unless, you are going to provide them with a new house to live in.

Bo**ocks. Complete and utter.

How many Thai's have you got to turn against another Thai (especially family) in favor of you?

Sent from my iPad using ThaiVisa ap

A fair few : it's not often been necessary but I can't provide an exact figure. As far as family, 3 (with subsequent support from other family members) on more than 3 occasions -- and every single time it was needed.

I hadn't noticed an aspect of your post until now: "turn against"? what this gentleman wants his wife to do is simply the right thing. It's not a matter of betrayal to support someone (especially a spouse) in something that is right and just. That was how it was seen by the Thais who supported me (including but not limited to in laws).

If you are clearly in the right but can find no support based on your nationality/race, that says something about the people around you and arguably your choices.

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Edited December 23, 2012 by SteeleJoe

[ThaiRich]

It will never happen!!!!

You will never get Thai to turn against Thai in favor of a farang..

Your Thai wife will never force family out of a house unless, you are going to provide them with a new house to live in.

Bo**ocks. Complete and utter.

How many Thai's have you got to turn against another Thai (especially family) in favor of you?

Sent from my iPad using ThaiVisa ap

A few. Can't provide an exact figure. As far as family, 3 (with subsequent support from other family members): it's not often been necessary.

I hadn't noticed an aspect of your post until now: "turn against"? what this gentleman wants his wife to do is simply the right thing. It's not a matter of betrayal to support someone (especially a spouse) in something that is right and just. That was how it was seen by the Thais who supported me (including but not limited to in laws).

If you are clearly in the right but can find no support based on your nationality/race, that says something about the people around you and arguably your choices.

Sent from my iPad using ThaiVisa ap

No, no. I'm single and I stay that way, to make sure I am never in this type of situation. My statements are from what I have seen other's in my village go through. Not my own personal experiences.

[SteeleJoe]

No, no. I'm single and I stay that way, to make sure I am never in this type of situation. My statements are from what I have seen other's in my village go through. Not my own personal experiences.

OK, then the choices made by those people -- though I wasn't referring only to choice of spouse.

So based on what you've seen in your village - and I wouldn't imagine it could be all that many whom you've seen in such a situation in your village - you feel you can make such an emphatic and absolute declaration as in your first post?

I respectfully suggest that to even approach that level of certainty about something and/or making such a broad generalization, you might want to support it with a greater range of experience (and more time in country?).

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[Phronesis]

Disonnect the power and lock the fuseboard.

Turn the water off and lock the meter.

Take the doors off front and back.

Pay some "Removalists" to visit the in laws and help them pack their stuff.

Forget formal eviction channels or proceedures...ridiculously slow, costly, and ineffective...

[CHRISTIANa9]

Disonnect the power and lock the fuseboard.

Turn the water off and lock the meter.

Take the doors off front and back.

Pay some "Removalists" to visit the in laws and help them pack their stuff.

Forget formal eviction channels or proceedures...ridiculously slow, costly, and ineffective...

Just curious, is it a must for the house owner to have power and water connected in truer name? Or any Tom duck and Harry can do it?

[mccw]

If it is on your thai wife's name she can just tell police to tell them to leave/ remove them if needs be. They are basically trespassing on your property. Especially if no contract. But if over 10 years then its can be a big problem apparently.

Edited December 24, 2012 by mccw

[IrishIvan]

Print up some fake winning lottery tickets and slip them under the door

[legendarysurfer]

Thank you, everyone, for replying to this post, especially the level thinking of SteeleJoe... Let me give you a few more details so you all understand the situation:

My wife was the one who came up with the idea of selling the place because it has just caused us problems with the occupants... But, she is also typically Thai and would rather just give it to them. I said "no" to that idea and she will respect my decision... The occupants (wife's sister-in-law and 19 year-old son) have been in the house for somewhere around 13-15 years... The sister-in-law's husband (one of my wife's brothers who has basically abandoned his wife, has taken up with a mia noi, and lives far away) originally owned the property, but it has gone through a number of family ownerships since the beginning. Each time, family have let them stay, so they naturally consider it is theirs.

We bought the house when one of my wife's brothers was about to default on a loan. My intent was to keep the property as a family asset and not lose it altogether... Since that time, however, I have seen that the occupants do not contribute to the family, their business is doing well, and do not respond to simple requests we make of them concerning the property upkeep... I have also discovered that the occupants actually have a nice piece of land across the street, about two stones throw away... My thinking is that it's time we quit supporting them, as they have assets they are not using and are not as destitute as I first thought.

I am sure that if I do not do something about the situation while I am alive, the family will just take advantage of my wife's good heart and we will lose that asset altogether... My wife has notified them that we will be selling the property in April and that they must leave before then. However, no counter-proposals have been made and I don't see them making any actions to leave... They do have options. They could build a bungalow and live on their own land a short distance away. My wife's father has offered a piece of his land for them to live on, as well. They could swap their undeveloped land for our property. Since they feel their land is more valuable, they could sell it and buy ours, with (supposedly) money left over.

So, I don't feel like we're throwing them out into the street or that we're pitting Thai's against Thai's. It's a simple matter of fairness and, as owners, needing the ability to do what we want with the property.

Edited December 25, 2012 by metisdead
; Font reset.

[metisdead]

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[davejones]

No, no. I'm single and I stay that way, to make sure I am never in this type of situation. My statements are from what I have seen other's in my village go through. Not my own personal experiences.

So you're staying single just a case a certain situation arises; a situation that is not likely to arise if you don't buy a house that relatives already live in. Quite bizarre.

Why can't you get married and not buy the house? I don't see how staying single helps.

Edited December 25, 2012 by davejones

[dksharron]

Stay single simply to stay single. Smart man!

[legendarysurfer]

Stay single simply to stay single. Smart man!

Well, that's true to an extent... when you get older, though, you need more security, so things change...

[Chris Lawrence]

German sheperd, maybe a Roti as well.

[NoshowJones]

A friend had same situation and he used lawyer. First step was letter from lawyer giving them 45 days to vacate property. After they still refused to vacate court papers were filed and they were served with papers to appear in court. The outlaws were able to stretch it to several court appearances before court finally issued vacate order by certain date or they would be arrested. In total it took eight months to get them out.

Now you would think that would be the end but it was not. It cost him 100k baht to restore house to state he could rent plus the cost of new furniture because old furniture had been removed in violation of court order by outlaws. His lawyer has now filed papers suing them for cost of repair and replacement furniture plus a few other items.

From what I have experienced and read, it is unlikely a Thai court will rule in favour of a Farang against a Thai. Thai legal companies won't agree with me as they want your money.

[NoshowJones]

Disonnect the power and lock the fuseboard.

Turn the water off and lock the meter.

Take the doors off front and back.

Pay some "Removalists" to visit the in laws and help them pack their stuff.

Forget formal eviction channels or proceedures...ridiculously slow, costly, and ineffective...

Great ideas there, and getting "removalists" would probably work as there won't be Thai against Thai. It's when you have Farang against Thai the problems will start.

[ballbreaker]

A friend had same situation and he used lawyer. First step was letter from lawyer giving them 45 days to vacate property. After they still refused to vacate court papers were filed and they were served with papers to appear in court. The outlaws were able to stretch it to several court appearances before court finally issued vacate order by certain date or they would be arrested. In total it took eight months to get them out.

Now you would think that would be the end but it was not. It cost him 100k baht to restore house to state he could rent plus the cost of new furniture because old furniture had been removed in violation of court order by outlaws. His lawyer has now filed papers suing them for cost of repair and replacement furniture plus a few other items.

From what I have experienced and read, it is unlikely a Thai court will rule in favour of a Farang against a Thai. Thai legal companies won't agree with me as they want your money.

My friend won his case in court and the outlaws left after court told them to vacate or else by certain a date. The Thai outlaws like you thought they could not lose to a farang but they did. Friends lawyer also said he would win the damages and replacement furniture cost lawsuit that was filled against the outlaws because they removed all furniture, in violation of court order, and damages to premises.

[NoshowJones]

A friend had same situation and he used lawyer. First step was letter from lawyer giving them 45 days to vacate property. After they still refused to vacate court papers were filed and they were served with papers to appear in court. The outlaws were able to stretch it to several court appearances before court finally issued vacate order by certain date or they would be arrested. In total it took eight months to get them out.

Now you would think that would be the end but it was not. It cost him 100k baht to restore house to state he could rent plus the cost of new furniture because old furniture had been removed in violation of court order by outlaws. His lawyer has now filed papers suing them for cost of repair and replacement furniture plus a few other items.

From what I have experienced and read, it is unlikely a Thai court will rule in favour of a Farang against a Thai. Thai legal companies won't agree with me as they want your money.

My friend won his case in court and the outlaws left after court told them to vacate or else by certain a date. The Thai outlaws like you thought they could not lose to a farang but they did. Friends lawyer also said he would win the damages and replacement furniture cost lawsuit that was filled against the outlaws because they removed all furniture, in violation of court order, and damages to premises.

Good, I'm pleased for you, and good luck with the rest.

[ThailandInvestmentGuide]

But if over 10 years then its can be a big problem apparently.

Correct. Google on "adverse possession thailand" for details concerning squatters rights. Based on the info the OP has provided I would say that a court would probably rule in favour of the outlaws.

Edited January 4, 2013 by ThailandInvestmentGuide

[mccw]

If its just a poxy little village shack is it really worth the bother? If it is then just throw them out and don't mess about with the court; but seriously think through the consequences of your actions - not from a legal perspective but from the family, social and potential revenge violence side of things

[Terry Newman]

But if over 10 years then its can be a big problem apparently.

Correct. Google on "adverse possession thailand" for details concerning squatters rights. Based on the info the OP has provided I would say that a court would probably rule in favour of the outlaws.

I am not disputing this statement at all. But why would they have not bought it when it has been sold several times, or more to the point, if this is the case, the land is worthless to buy as the out-laws have the rights to it. I have read that it is better to rent a shack or land for even 100B a month, to avoid this situation, but I really do not now if this is true or SAS Bar stories ....., one of the gurus may be able to respond to that.