Landlord says he will lock doors to condo this afternoon

[diceq]

Can the landlord really lock you out of your condo for being late with rent 1 month and 4 days? I've heard that deposits are generally not paid back and that people don't pay the last two months rent for that reason. So how come the landlord claims he can throw my friend out? And he says he will do it this afternoon.

The contract only mentions that the lessee shall pay rent in full and by what day.

Does anybody know the legality of this? I'd appreciate any help.

[alfieconn]

Deposits are precisely that, they are not 2 months paid up front to be taken off at the end.

Probaly best for your friend to pay the rent on time like it ses in the contract then every else would irrevelent, probaly not legal to kick someone out for paying the rent late but the law doesn't operate in this country the same way it does in the western world ( no PC here) !

[Richie23]

Not sure how far you'll get here legal wise. If I was the landlord and tenant was 1 month and 4 days late with the rent, i'd kick em out and lock the doors to. Just sayin'

[Khun Jean]

We have some experience with that.

One week late, first warning, two weeks late, second warning. Warning includes a cancellation of the contract and when that cancellation is accepted the deposit is returned minus the rent.

One month late, locks changed and one day access to remove personal belongings under supervision and no return of deposit.

This is also stated in the contract so it is clear from the start.

Happened only two times in the last ten years (both times a foreigner btw), so it works very well to prevent late payments.

Sincere cases of bad luck or sickness we always treat different and even waive one or two months rent.

Payments are expected one day after the tenant receives his salary, we specifically check for that and also mention the day in the contract.

If a tenant can not pay the rent right after receiving salary, chances it will be a bigger problem in the future is big.

So what happens to your friend is in my opinion a good step to take by the owner. Doing nothing will probably escalate the situation. All the above should be in a contract because practically that is what is going to happen anyway. Informing the tenant is very important as it can prevent these kinds of situations.

[54321]

Excuse my asking but is such a contract permissible by law and legally enforceable? Not questioning you, just wondering, as I will be letting out a condo soon

Thanks

We have some experience with that.

One week late, first warning, two weeks late, second warning. Warning includes a cancellation of the contract and when that cancellation is accepted the deposit is returned minus the rent.

One month late, locks changed and one day access to remove personal belongings under supervision and no return of deposit.

This is also stated in the contract so it is clear from the start.

Happened only two times in the last ten years (both times a foreigner btw), so it works very well to prevent late payments.

Sincere cases of bad luck or sickness we always treat different and even waive one or two months rent.

Payments are expected one day after the tenant receives his salary, we specifically check for that and also mention the day in the contract.

If a tenant can not pay the rent right after receiving salary, chances it will be a bigger problem in the future is big.

So what happens to your friend is in my opinion a good step to take by the owner. Doing nothing will probably escalate the situation. All the above should be in a contract because practically that is what is going to happen anyway. Informing the tenant is very important as it can prevent these kinds of situations.

[MMarlow]

If it's stated in the contract that the rent has to be paid in full by a certain date and your friend hasn't done so, then of course the landlord can enforce the contract.

Why shouldn't he, does your friend think he has the right to live in someone else's property without paying?

[diceq]

She spoke to a lawyer which said they had no right to do that. But the police would only interfere if they were to lock her inside. TIT.

If it's stated in the contract that the rent has to be paid in full by a certain date and your friend hasn't done so, then of course the landlord can enforce the contract.

Why shouldn't he, does your friend think he has the right to live in someone else's property without paying?

According to Thai law she has that right. Why do you think landlords should be above the law?

Edited October 5, 2013 by diceq

[soi41]

She spoke to a lawyer which said they had no right to do that. But the police would only interfere if they were to lock her inside. TIT.

If it's stated in the contract that the rent has to be paid in full by a certain date and your friend hasn't done so, then of course the landlord can enforce the contract.

Why shouldn't he, does your friend think he has the right to live in someone else's property without paying?

According to Thai law she has that right. Why do you think landlords should be above the law?

So according to this Thai "lawyer" she can stay forever without paying rent??

Be a good boy now and take your medication! (Share it with your friend)

[diceq]

So according to this Thai "lawyer" she can stay forever without paying rent??

Be a good boy now and take your medication! (Share it with your friend)

Obviously not. I assume it works the same way it works in many countries in Europe. She can stay until she gets evicted by a Thai court.

Tenants can play hardball as well. Just off the top of my head I can think of a few things to do such as drill holes in the walls, tear up the linoleum floor, break every furniture in the apartment and flood the place. In my opinion, as a landlord, you are not really in a position to expletive deleted with your tenants this way.

Edited October 5, 2013 by Crossy

[itchybum]

So according to this Thai "lawyer" she can stay forever without paying rent??

Be a good boy now and take your medication! (Share it with your friend)

Obviously not. I assume it works the same way it works in many countries in Europe. She can stay until she gets evicted by a Thai court.

Tenants can play hardball as well. Just off the top of my head I can think of a few things to do such as drill holes in the walls, tear up the linoleum floor, break every furniture in the apartment and flood the place. In my opinion, as a landlord, you are not really in a position to expletive deleted with your tenants this way.

Oh thats better...so 10 years ??

[diceq]

Oh thats better...so 10 years ??

I didn't say it was better. I am simply pointing out what the law says.

In my country you will get evicted after 3 months. And I think that's more reasonable.

Edited October 5, 2013 by diceq

[Crossy]

Let's keep the language down chaps, this is a family oriented forum. I will not edit further posts with profanities, I will simply delete them.

Never assume the law here is the same as 'back home'.

Plenty of landlords in the UK would happily lock furnished tenants out after non-payment of one month.

Has your friend attempted to deal with the landlord, specifically arrange to pay back rent by a certain date, talking to creditors does work.

Criminal damage to the apartment will lead to a whole new world of hurt.

[adweb00]

Anything you have learnt in your own country put it out the window. Regardless of any documents this is thailand!! Last year i had my land lady hand me a bill 4x larger than what i owed. Her response "You have no choice" i paid and left next day just easier!!

[Soutpeel]

So according to this Thai "lawyer" she can stay forever without paying rent??

Be a good boy now and take your medication! (Share it with your friend)

Obviously not. I assume it works the same way it works in many countries in Europe. She can stay until she gets evicted by a Thai court.

Tenants can play hardball as well. Just off the top of my head I can think of a few things to do such as drill holes in the walls, tear up the linoleum floor, break every furniture in the apartment and flood the place. In my opinion, as a landlord, you are not really in a position to expletive deleted with your tenants this way.

Er your friend is in breach of contract by not paying the rent of time, the land lord is not evicting anyone, the landlord is changing the locks, as his/her right, its their property, and they have not been paid, any claims the tenant may have had against a contract are now voided because they breached the said contract, you not in Europe anymore so why would it work the same ?

Go ahead smash the place up, and open yourself up to criminal charges as well, with an attitude like that one can see why why a landlord would change the locks, he or she is protecting their investment/property

[johnnyk]

First, how do you smash the place up if you can't get in?

Idiotic suggestion by a keyboard warrior who doesn't know a whole lot about how things work in Thailand.

Life in a wheelchair is highly unpleasant.

[Soutpeel]

Oh thats better...so 10 years ??

I didn't say it was better. I am simply pointing out what the law says.

In my country you will get evicted after 3 months. And I think that's more reasonable.

So what does the law say then ?....what you have been given by the "Thai lawyer" is their interpretation of the law.

[Soutpeel]

First, how do you smash the place up if you can't get in?

Idiotic suggestion by a keyboard warrior who doesn't know a whole lot about how things work in Thailand.

Life in a wheelchair is highly unpleasant.

With idiotic suggestions like the tenant smashing the place up because they havent paid the rent one can well understand why the landlord wants to change the locks...

[kingstonkid]

She spoke to a lawyer which said they had no right to do that. But the police would only interfere if they were to lock her inside. TIT.

If it's stated in the contract that the rent has to be paid in full by a certain date and your friend hasn't done so, then of course the landlord can enforce the contract.

Why shouldn't he, does your friend think he has the right to live in someone else's property without paying?

According to Thai law she has that right. Why do you think landlords should be above the law?

EXCUSE ME!!!!!!!!!!!!!!!!!!!

If your friend or you (more than likely you) have already talked to a lawyer and gotten an answer then <deleted> are you doing wasting our time?????

GROW UP

PAY UP

GROW A PAIR

admit you screwed up

Apologize to the landlord]

OR

GO HOME!!!!!!!!

Whether it is nice to lock deadbeats out if they do not pay up is not the issue it is in fact the issue that you and your friend are deadbeats.

AS A LANDLORD I WISH I HAD THE POWER TO ACT AS A THAI IN CANADA WOULD HAVE SAVED ME A HELL OF A LOT OF AGGRAVATION AND COURT COSTS.

Edited October 6, 2013 by Crossy
Removed non-standard font and size

[jacko45k]

1 month and 4 days, surprised he hasn't been booted out already.

As said, deposits are for other reasons not rent in advance.

Has your friend given notice to leave?

Yes I agree sometimes deposits are not returned, or any excuse is used not to return them, but squatting isn't the answer to that one.

An idea before one moves in and pays a deposit is to try and find the previous occupant and see if he got his deposit back.

Edited October 6, 2013 by jacko45k

[realenglish1]

It seems everyone does not know what they are talking about here. I was rending a condo Had 3 months deposit so the last month I did not pay. the Landlord threatened keep my deposits The landlord had his lawyer call me and ask what was the problem. So I told him he was treatening to keep my deposits and not give 2 months back.

The lawyer then told me He cannot do this he has to pay the deposits back after I vacate the premise at the end of the month. Although he has the right to inspect the premise before refunding any outstanding deposit

The lawyer told me it is MY RIGHT to do this and would talk to the landlord and instruct him that the deposit would have to be returned less any damages and outstanding rent. Since I did not pay the last months rent he deduced that amount and 500 baht for something broken on the Book shelve which was very fair since he had had real advise from HIS attorney

So if it is your last month then according to the Lawyer there should be no problem but if it is during the life the the lease and before the last month you will have problems

So everyone here please stop giving advise that you have no experience on or guessing as to what you think the law is

USE a lawyer and get the facts

Edited October 6, 2013 by realenglish1

[scorecard]

Deposits are precisely that, they are not 2 months paid up front to be taken off at the end.

Probaly best for your friend to pay the rent on time like it ses in the contract then every else would irrevelent, probaly not legal to kick someone out for paying the rent late but the law doesn't operate in this country the same way it does in the western world ( no PC here) !

Agree.

We had the experience of allowing the tenant (farang) to deduct the deposit as the end of the 6 months contract grew near. Because of other pressures we never did an inspection during the tenancy and the tenant appeared to by very professional and pleasant and had always paid the rent on time.

On day of inspection (same day tenant moved out) we discovered well over 200,000Baht damages, and discovered later this all happened near the end because the tenant told his gf to move on. She got angry and he went on a rampage - he admitted it all later, but refused to pay one baht in regard to the damages. His response - 'that's your risk as a rich landlord'.

Never again would I allow tenant to deduct deposits as rent. And by the way we always refund deposits if the house is in good order. Simple cleaning we do it ourselves and don't deduct, If the house needs a major clean up we deduct the cost before refunding the deposit. And it sometimes takes a few days to get final electricity bills etc., before a refund can be given.

Further, our rental contract includes a clause saying that the tenant cannot use our name to start up cable TV contracts etc.

Also, we insist that the tenant endorse all pages of the rental contract and also endorse where there are specific indicators on the document. E.g. near the words 'deposit cannot be used to pay final rent' / 'cannot use our name for cable TV account', etc.

We got out of rentals because it was just too much hassle, and cost way too much (often as much as rental income) to keep properties in good order.

[unanimosity]

Excuse my asking but is such a contract permissible by law and legally enforceable? Not questioning you, just wondering, as I will be letting out a condo soon

Thanks

We have some experience with that.

One week late, first warning, two weeks late, second warning. Warning includes a cancellation of the contract and when that cancellation is accepted the deposit is returned minus the rent.

One month late, locks changed and one day access to remove personal belongings under supervision and no return of deposit.

This is also stated in the contract so it is clear from the start.

Happened only two times in the last ten years (both times a foreigner btw), so it works very well to prevent late payments.

Sincere cases of bad luck or sickness we always treat different and even waive one or two months rent.

Payments are expected one day after the tenant receives his salary, we specifically check for that and also mention the day in the contract.

If a tenant can not pay the rent right after receiving salary, chances it will be a bigger problem in the future is big.

So what happens to your friend is in my opinion a good step to take by the owner. Doing nothing will probably escalate the situation. All the above should be in a contract because practically that is what is going to happen anyway. Informing the tenant is very important as it can prevent these kinds of situations.

Heard a very sage and experienced infrastructure developer mention once that, "In Thailand, a contract is just a pause in the negotiations."

[TommyDee]

as a landlord myself here, here's the deal. ( for me anyway)

we do everything to make the place as we promised it, and to maintain those services we promised, that new /ac unit.. probably cost more than the months rent but as a landlord, its my responsibility.

yours is pay. on time, every time, until you leave. the deposit is against damages or outstanding bills when you leave, not a substitute for you pissing your money up the wall and seeing me as a source of lending. I am just a bloke who rents a house, not Nat West or SCB. if you want a loan, join the queue.

After 2 weeks, I would have disconnected your water, which I supply. and failed to pay your power bill which is in my name. by now you would smell more than normal and be inthe dark. tomorrow when you go out to buy your 60 baht chang at the 7/11 i would remove your goods, change the lock and conveniently set up a motor cycle taxi stand outside the front door.

We have been damn lucky here, always had good tenants, with one exception. He didnt pay the last months rent, skipped 3 weeks into the month and left the place a mess

[Equalizer]

Here contracts are not worth the paper they are written on. Even the 30 year leases on land encouraged when buying houses are no protection here. Two examples. As for contracts. Guy takes out 9 year contract 3 plus 3 plus 3 landlord wants it back after 6. Does not renew last 3, your OUT. You take him to court the case never ends up with you getting the 3 years you want. NEVER. Next example, you buy a house, put it in a Thai name, take out a 30 year lease on the land with that same Thai to protect you from the Thai selling the house. The Thai kicks you out of the house. You go to the police. Police say nothing they can do without court order. You take Thai to court. Thai does not turn up, Case gets adjourned, next time same again, Thai is sick and has proof, case adjourned. Two years later the case gets herd. You win. You go to the police. Police then say it is a domestic and still reluctant to help. You then go to court to get an order against the police to act. Police then evict the Thai. The Thai then repeatedly smashes the windows from the land boundary. You can not do anything, the house is theirs and they are damaging their own property and have not trespassed on your land. This has happened, i have been involved initially and seen it all develop with my own eyes.

[kiwiinasia]

Everybody seems to know the answer to this one.

"In my country..." should always be ignored as this is not 'your country'.

[JCauto]

A security deposit is just that - it's something the landlord keeps to insure against possible damages caused to the property by the tenant, unpaid utility bills, etc. It is kept until the tenant moves out, and joint inspection (preferably although sometimes it's done by the landlord without presence of the tenant) identifies any damages or repairs that are not normal wear and tear. After subtracting any damages and utility bills, the security deposit should be returned to the tenant. After they have moved out of the property.

Your friend is responsible to pay the rent every month until such time as they move out, usually within a certain timeframe (for example, by the fifth day of each calendar month). This includes the last two months they live there. Otherwise, what's the point of the security deposit?

Your assumption that people usually don't pay the last two months is erroneous in my experience, unless they have an exceptionally good relationship with the landlord who inspects the property regularly so is confident that there is nor will be any untoward damages. Landlords who do this are taking a chance and will no doubt end up burned on occasion by doing so. Is it true that it's difficult to get the last two months rent from the landlord even if you've paid all bills and caused no damage? Anecdotal evidence clearly says this is the case. However, this doesn't mean you can assume that it will be the case and simply not pay the rent in lieu of the security deposit.

Whether it is legal depends on the agreement signed. If they signed a contract requiring payment every month, and likely a clause that allows eviction after 30 days of non-payment, then they've every right to lock him out.

[TheFishman1]

I have always received my money back if you are 4 or 5 days late they charge you like 50 to100 bht per day

[CNXTim]

All the landlords actions are perfectly legal and fully supported by law.

[MobileContent]

I own a small studio in Bangkok and kicked out twice a tenant after the rent was six weeks late. I have the right because the tenant breached the agreement.

The deposit I kept as well.

My studio is only 12,000 Baht so the tenant I have now is nice and paid the rent for 1 year upfront. He works overseas and his TGF stays inside.

[HUAHIN62]

So according to this Thai "lawyer" she can stay forever without paying rent??

Be a good boy now and take your medication! (Share it with your friend)

Obviously not. I assume it works the same way it works in many countries in Europe. She can stay until she gets evicted by a Thai court.

Tenants can play hardball as well. Just off the top of my head I can think of a few things to do such as drill holes in the walls, tear up the linoleum floor, break every furniture in the apartment and flood the place. In my opinion, as a landlord, you are not really in a position to expletive deleted with your tenants this way.

So she's got money to pay for legal advice and to go to court but non to pay her rent. Why do people rent places they cant afford? Now the owner must spend thousands to kick someone out thats staying illegally. It may not be legal to kick her out but morally your friend is wrong and she must watch out for the bad karma catching up with her. She will do this once too often and then run into a nut case that will not believe in courts but in street justice.