Jonrek2012 Posted February 8, 2013 Share Posted February 8, 2013 (edited) I am renting a house for one year contract with the property company. We are now three months in this house. And then Suddenly the owner want us to move out from the house. And we are shock, bcuz we never break the contract or damage or something. He sale the house by himself without using the property angency and then he want us to move out from the within 1 month. Is this legal what he is doing? He never told us before that he is selling it. I make a lot of invest a lot of money to this house to make it more nicer and clean. Selling the house by himself without telling the property and then he just told us that it is sold. What can I do..? Edited February 8, 2013 by Jonrek2012 Link to comment Share on other sites More sharing options...
elektrified Posted February 8, 2013 Share Posted February 8, 2013 If the owner sold the property then you have no choice but to move out. No? I would not recommend retaining a lawyer to try and enforce the contract unless you want to waste money. Link to comment Share on other sites More sharing options...
ZXM Posted February 8, 2013 Share Posted February 8, 2013 Normally I would say a lease agreement would be binding, but considering this is Thailand, not so much. Two things I would make sure of though 1) You should get 100% of your security deposit back since the owner is breaking the lease agreement. 2) See if you can negotiate with the owner to pay your moving costs since he is breaking the lease agreement and throwing you out. If he resists try mentioning the fact you have a legal contract and would "hate to talk to an attorney". Even if you're bluffing, it might be enough to get him to pay the moving costs. 2 Link to comment Share on other sites More sharing options...
onthedarkside Posted February 8, 2013 Share Posted February 8, 2013 get the property agency to deal with this issue. I would not move out until forced. 2 Link to comment Share on other sites More sharing options...
AyG Posted February 8, 2013 Share Posted February 8, 2013 I was in a similar situation 3 or 4 years ago (albeit renting directly from the owner). Legally you don't have to move until the end of the contract. However, the owner can (and probably will) make things extremely unpleasant for you. For example, whose name are all the utility bills in? If it's the owner, then he/she can get the water and electricity cut off - no problem. In my case he came whilst I was out and took much of the furniture away and (and I can hardly believe this) removed all the plants from the garden. Do keep a pair of bolt cutters nearby in case the owner decides to chain and padlock the place. And expect threats and intimidation, possibly followed by violence. The reality is that the legal situation is irrelevant. If the current or future owner wants you out, you will be forced out. 1 Link to comment Share on other sites More sharing options...
Jonrek2012 Posted February 8, 2013 Author Share Posted February 8, 2013 I have a contract for one year. And why should i move out, when he didnt tell us that he sell the house without letting us know and the property. . If he was planning to sell it b4. he should not rent it for one year. right? If he is smart enough. i will not move out unless he pay us back what we invest in this house. Link to comment Share on other sites More sharing options...
Popular Post Dante99 Posted February 8, 2013 Popular Post Share Posted February 8, 2013 If the owner sold the property then you have no choice but to move out. No? No. If the owner sold the house he is not the owner any more and should not be messing with the tenant. The tenant should wait to see what the new owner wants to do assuming that there really is a new owner. 4 Link to comment Share on other sites More sharing options...
elektrified Posted February 8, 2013 Share Posted February 8, 2013 If the owner sold the property then you have no choice but to move out. No? No. If the owner sold the house he is not the owner any more and should not be messing with the tenant. The tenant should wait to see what the new owner wants to do assuming that there really is a new owner. Good advice. The new owner may be reasonable and let him carry through the 9 remaining months on the contract or enter into a new one. 1 Link to comment Share on other sites More sharing options...
Popular Post TommoPhysicist Posted February 8, 2013 Popular Post Share Posted February 8, 2013 Don't spend money on rental properties .......... then it doesn't matter if you are asked to move. 3 Link to comment Share on other sites More sharing options...
Jonrek2012 Posted February 8, 2013 Author Share Posted February 8, 2013 Does the contract from the house goes to the new owner? or how? its not possible like that. its like Frauding. you know. Link to comment Share on other sites More sharing options...
TommoPhysicist Posted February 8, 2013 Share Posted February 8, 2013 Legally You could just stay in the house. The new owner takes the old owner to court for not mentioning the rental agreement. But why would you even bother to cause trouble? Link to comment Share on other sites More sharing options...
fcgprg Posted February 8, 2013 Share Posted February 8, 2013 Stay put and wait as said before the new owner could honour the contract with you. Link to comment Share on other sites More sharing options...
CMSteve Posted February 8, 2013 Share Posted February 8, 2013 (edited) Why don't you check the contract? The fact that he is giving you 30 days to leave sounds like that there may be a provision for this. why not tell you to leave at the end of the month, next week or tomorrow? Especially since you've been there such a short time, he must have planned to sell the place. Good Luck Edited February 8, 2013 by CMSteve Link to comment Share on other sites More sharing options...
Jonrek2012 Posted February 8, 2013 Author Share Posted February 8, 2013 Of course it bothers me.. crazy or what.. If you were in my position, you will also feel the same way.... without knowing that the owner sell it already but he is still rented to us... Link to comment Share on other sites More sharing options...
Jonrek2012 Posted February 8, 2013 Author Share Posted February 8, 2013 but we agreed that i will it for one year. if he plan to sell the house. he better say that from the very beginning. Link to comment Share on other sites More sharing options...
ZXM Posted February 8, 2013 Share Posted February 8, 2013 (edited) As mentioned, I would check your rental agreement to see if there is any provision regarding the sale of the house. It's quite possible whoever made the contract snuck that clause in there somewhere and you didn't see it. If that's the case then you really don't have any legal leg to stand on. But if there is nothing in the contract regarding the sale of the house then as said legally you have a right to stay in the house until the lease is up. Question is do you really want to invest the time, money, and energy to go down that road. Also as mentioned, you should speak with the new owner of the house and explain your situation. Perhaps they will let you finish out your lease. Perhaps they might even change their mind about moving in and decide having an investment property is lucrative and let you stay indefinitely. Regarding demanding money from the former owner for all the "work" you've put into the house, sorry but you're SOL on that one. The simple fact is, it's a rental property. You don't own it. Any investment you make into the house stays behind the day you move out. Like I said, you can demand 100% of your security deposit back, and it's possible you can guilt/coerce the former owner into paying your moving cost since they are breaking the lease and forcing you to move out. But that's about all you can really ask for. Bottom line, these are the risks you take when you rent a property. Don't like it? Then buy... Edited February 8, 2013 by ZXM Link to comment Share on other sites More sharing options...
Jonrek2012 Posted February 8, 2013 Author Share Posted February 8, 2013 As mentioned, I would check your rental agreement to see if there is any provision regarding the sale of the house. It's quite possible whoever made the contract snuck that clause in there somewhere and you didn't see it. If that's the case then you really don't have any legal leg to stand on. But if there is nothing in the contract regarding the sale of the house then as said legally you have a right to stay in the house until the lease is up. Question is do you really want to invest the time, money, and energy to go down that road. Also as mentioned, you should speak with the new owner of the house and explain your situation. Perhaps they will let you finish out your lease. Perhaps they might even change their mind about moving in and decide having an investment property is lucrative and let you stay indefinitely. Regarding demanding money from the former owner for all the "work" you've put into the house, sorry but you're SOL on that one. The simple fact is, it's a rental property. You don't own it. Any investment you make into the house stays behind the day you move out. Like I said, you can demand 100% of your security deposit back, and it's possible you can guilt/coerce the former owner into paying your moving cost since they are breaking the lease and forcing you to move out. But that's about all you can really ask for. Bottom line, these are the risks you take when you rent a property. Don't like it? Then buy... Well thats good then... Because it is not written in the contract about selling the house while we are renting it... Link to comment Share on other sites More sharing options...
elektrified Posted February 8, 2013 Share Posted February 8, 2013 Don't spend money on rental properties .......... then it doesn't matter if you are asked to move. But most of them are not suitable unless you fix them up a little. 1 Link to comment Share on other sites More sharing options...
Jonrek2012 Posted February 8, 2013 Author Share Posted February 8, 2013 this is what the lawyer said to me... Is there such a clause? or there isn't? A clause e.g. that the Lessor is entitled to terminate the lease agreement prior to the lease term even though no party is in default under the agreement; provided that the Lessor has giving no less than 30 day notice in advance to the Lessee. If there is, then he or she is entitled to do so. Link to comment Share on other sites More sharing options...
Rancid Posted February 8, 2013 Share Posted February 8, 2013 You have a contract with the former owner but you do not have a contract with the new owner and the lease did not spell out out this provision. As such the law could go either way, but certainly not worth the expense to find out. Contact the new owner and see what their intentions are, if for you to leave then in all honesty it isn't worth the aggravation you might be bringing on yourself, move on. Plenty of houses out there. Whether the old owner will try and screw you for the deposit you should investigate. 1 Link to comment Share on other sites More sharing options...
Jonrek2012 Posted February 8, 2013 Author Share Posted February 8, 2013 Who knows where is the land office? Where you as the owner have to make registration of the land or properties you buy in chiang mai,Thailand. I would like to know. Who is the new owner now. Bcuz they didn't tell us about the new owner. Link to comment Share on other sites More sharing options...
amexpat Posted February 8, 2013 Share Posted February 8, 2013 Bottom line, these are the risks you take when you rent a property. Don't like it? Then buy... If you want much bigger risks. 1 Link to comment Share on other sites More sharing options...
Dante99 Posted February 8, 2013 Share Posted February 8, 2013 Who knows where is the land office? Where you as the owner have to make registration of the land or properties you buy in chiang mai,Thailand. I would like to know. Who is the new owner now. Bcuz they didn't tell us about the new owner. There are different land offices for different areas so it depends on where the house is located. Then the land office may not give you information, maybe yes, maybe no. Keep in mind that the old owner may be playing a game and has not sold the house. If I had sold a house I would not be messing around with the tenant in a place I did not own. Link to comment Share on other sites More sharing options...
Popular Post realthaideal Posted February 8, 2013 Popular Post Share Posted February 8, 2013 It's best if you listen to the calmer voices here and just start the search for a new place and move on. This is a big eye-opener for you on how things go here. Best to stay safe, not cry over spilled milk, and chalk it up to experience. The Thai way is to avoid conflict and not hold onto it with resentment - showing who is right can get you much more trouble than it's worth. Really. Much More Trouble. Also, I do see that you're a bit suspicious of whether it's sold or not for real. I have seen cases here where a renter moves in, makes significant improvements to the property, and then the owner realizes that kicking out the tenant to re-rent the property to someone new at a higher rate is going to be more fun for them. In those cases, it's like you've basically kicked yourself out. When you find a home, put in a new a/c unit if you must, or paint, but don't improve something much that's not yours. Better to find something that suits you as is from the start. Hate to sound pessimistic, but I've seen alot of things here over the years. I do hope you get your deposit back. And that you find something nice, soon. 4 Link to comment Share on other sites More sharing options...
Thailand Bound Posted February 8, 2013 Share Posted February 8, 2013 (edited) Who really beleives there is a new owner? Anyone seen a contract that sold the property? Has a new owner actually made an appearance? I doubt it has been sold or if any money has changed hands. Who buys a house sight unseen and the OP or his family did they ever see anyone showing the house or even looking from the sidelines? Edited February 8, 2013 by Thailand Bound Link to comment Share on other sites More sharing options...
Jonrek2012 Posted February 8, 2013 Author Share Posted February 8, 2013 Who really beleives there is a new owner? Anyone seen a contract that sold the property? Has a new owner actually made an appearance? I doubt it has been sold or if any money has changed hands. Who buys a house sight unseen and the OP or his family did they ever see anyone showing the house or even looking from the sidelines? no i didnt seen nothing from the new owner like a contract that it is sold or something. and i also didnt meet the new OWNER. Thats why... it is so weird. Link to comment Share on other sites More sharing options...
kcore Posted February 8, 2013 Share Posted February 8, 2013 It doesn't matter who the new owner is or if the house was even sold. You signed a contract that clearly states month to month terms. You did not sign a yearly lease given the terminology of this lease. Read carefully next time. For now, move on and enjoy life. Link to comment Share on other sites More sharing options...
kcore Posted February 8, 2013 Share Posted February 8, 2013 It doesn't matter who the new owner is or if the house was even sold. You signed a contract that clearly states month to month terms. You did not sign a yearly lease given the terminology of this lease. Read carefully next time. For now, move on and enjoy life. Sorry, scratch that post. You are the leasee. The terminology that you posted is actually a protective clause for you....the rentor! My bad! Link to comment Share on other sites More sharing options...
kcore Posted February 8, 2013 Share Posted February 8, 2013 It doesn't matter who the new owner is or if the house was even sold. You signed a contract that clearly states month to month terms. You did not sign a yearly lease given the terminology of this lease. Read carefully next time. For now, move on and enjoy life. Sorry, scratch that post. You are the leasee. The terminology that you posted is actually a protective clause for you....the rentor! My bad! Sorry again.....you are the leassor. You are screwed! Good night all. Link to comment Share on other sites More sharing options...
iainiain101 Posted February 9, 2013 Share Posted February 9, 2013 when I rented a house through an agency, there was a clause saying that if the owner sold the house he could give us one months notice to move out, I argued that this was unaceptable and had it changed to 6 months with the owners agreement, Which property management company did you use? I would contact them. If you want to stay there, try and ask the new owners if they are happy for you to. Its likely they know the place is currently inhabited. If its just the owner trying to get you out, I would try and avoid confrontation even if you are in the right. Link to comment Share on other sites More sharing options...
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