Issue with landlady and moving out advice...

[angryfarang]

Morning All,

I've been at my current house for 5 years now. When I first moved in I paid no deposit and the rent at the end of the month. I signed an agreement, but unfortunately I can't find it anywhere to clarify exactly what was in it.

When I first moved in to the house I spent a lot of money building a wall around it to keep my dogs in, I also bought blinds for the house, ceiling fans and an aircon for my office. I've always paid my rent on time, never a single day late, I'm pretty much the perfect tenant.

Around a month ago the aircon in the bedroom was destroyed by a gecko crawling across the main pcb board in the unit outside. I took it to Samsung but the part wasn't made any more, so I needed to replace the full aircon system.

I told the landlady who said I must pay for it. I explained it was her aircon and her responsibility. Her reply was "you use it, you pay for it" - I told her if I bought a new aircon I would take it with me when I left, she told me I couldn't and it would be hers.

Obviously this ruined the relationship I had with her and I decided to move. In the mean time I bought a new aircon system (from Homepro on my UK credit card, so I have the receipts, etc.) and put her old system in storage under the house.

So last week we found a new house, it's perfect. It's currently occupied, so we can't move in until 01/02/14 - which is fine.

So now I'm working out my exit plan to leave this house. Originally before the issue with her, I was going to offer her the blinds, ceiling fans and some of the furniture I'd bought for cheap. But now I really don't want to give her a thing. I will give her the 30 days notice as that's fair, but not sure what to do about the things I've bought for this house. Now I live on Samui and it's a small island, so I'm weighing up my options and

These were the thoughts I'd had:

1.) Leave the new aircon I bought plus everything else and put it down to a learning experience. Next time I need to check the signed agreement thoroughly. No fear of any repercussions.

2.) Take the new aircon, take my blinds, take my ceiling fans and don't leave a single thing in the house. Put her old aircon back - leave it how I found it. She can k*ss my a** - it's my stuff, I bought it. Only issue is there might be repercussions...

3.) Go see my lawyer, send her a written letter from them giving my 30 days notice, telling them I will be taking the items I have bought, asking her to show the contract agreement so this can be settled correctly.

Any constructive advice would be welcome.

Cheers.

[benalibina]

Repercussions. Legal or fysical ?

Just leave the house in same state as has how you entered it years ago. Whatever you dont want to take is a bonus for her.

Easy IMO.

[HeijoshinCool]

Can't see how the a/c was your fault, unless you have a strange agreement. And, I've never heard of leasehold improvements mentioned in a basic rent agreement here.

Here, a lawyer writing a letter is cheap, that would be my advice.

Although I really like Option Two, at first glance. That's what I did in a very similar experience.

[angryfarang]

The only thing I am worried about is physical repercussions. She's a local Thai lady and her nephews are in the police here.

[isawasnake]

I would just take anything I wanted to use, and leave anything I felt would just be trouble lugging out and then not using. The new air con would definitely be coming with me if I bought it though!

[Swiss1960]

The only thing I am worried about is physical repercussions. She's a local Thai lady and her nephews are in the police here.

Based on that and if your new place is not really, really far away, I would go down either option 3 or 1... no need to risk being another "suicider"...

[angryfarang]

The only thing I am worried about is physical repercussions. She's a local Thai lady and her nephews are in the police here.

Based on that and if your new place is not really, really far away, I would go down either option 3 or 1... no need to risk being another "suicider"...

I think the lawyer is a good idea, I want this to be solved amicably. If not, I may have to take her on a one way fishing trip... [evil grin] - joking of course.

[benalibina]

The only thing I am worried about is physical repercussions. She's a local Thai lady and her nephews are in the police here.

Option 2 will most likely give us a new thread to read in feb next year. Opt 2 for me it is.

[mrtoad]

Option 2

[HeijoshinCool]

The only thing I am worried about is physical repercussions. She's a local Thai lady and her nephews are in the police here.

Yep.

I did my thing on Koh Chang, but moved to Chiang Mai. If I'd stayed on KC, I probably wouldn't have. He was a nasty little ferret.

So, Option 3. Find out what is in her agreement.

Still, when the day is done, if you walk away, you'll still be free, and alive.

Of course, then she'll do the same to the next "faring."

Pisses you off, huh?

[Jasun]

It's pretty simple, just leave the house how you found it. Take down the blinds, put back in the old air con unit, give the place a good clean, remove any rubbish etc

It's the tennant's responsibility to maintain the property in good working order and not to break things, but it's not necessary to pay for anything that has reached it's use by date.

[h90]

If you afraid of her, the last thing you should do is giving her a 30 day notice.

Just disappear from the island.

[Nana Cowboy]

just take the loss. not worth bodily harm no matter how remote that may be

[GuestHouse]

OP look at the big picture.

Expense divided by the number of years you've lived there.

You've found a new house you like - look at the number from the calculation above and ask yourself - Do you really want the problems about a piddling bit of money to follow you to your new home?

[angryfarang]

Thanks for all the replies. Obviously I have been a bit upset about this and going through the different options in my head.

GuestHouse, you're right. At the end of the day I lived here for 5 years at a very cheap monthly price. I think I will just call it a learning experience and leave the aircon and blinds. Samui is a very small place and it's my home.

I believe in Karma, maybe her next tenant won't be so great..

[NanLaew]

Option 1.

The OP lost the rental contract so without a copy of the ORIGINAL terms of reference, you are still open to get screwed. What's to say the landlady isn't similarly challenged and lost HER original as well? Then she can make up a totally new one and stick you for a lot more than some USED appliances and house fittings are worth. Lawyers? You ARE kidding no?

Come early next year, the whole idea of 'som nam nah' on the old landlady will have worn off and you will be moving to your new place. Make sure you include an agreement on the limits of the tenants and landlords responsibilities regarding major costs in your new contract.

Leave the old a/c as you aren't likely to use it unless your new place has a lack of cool spaces. Otherwise you are spending another (say) 5000 baht for some guys to take out the new a/c and reinstall the old one?

Farang bah!

[seasia]

I can understand you being annoyed, that`s natural.

I`d have to agree with GuestHouse post as being the best attitude to take, even if not easy and I`d be tempted to take the new air con that you have bought but maybe not worth the potential problem/expense.

Just look forward to enjoying your new home when you move.

[tingtongteesood]

I wouldn't even give her any notice, just disappear in the night without paying the months rent, make sure you take everything with you you can and destroy anything that you created that you can't take with you....

[NanLaew]

I wouldn't even give her any notice, just disappear in the night without paying the months rent, make sure you take everything with you you can and destroy anything that you created that you can't take with you....

Spoken like a true pikey.

[Nautilus05]

Considering what you mentioned you'd be leaving behind, I'd go with #1. Just leave everything there, and move on with your life.

If you kick up a fuss, there's a good chance down the road you're going to very much wish you chose #1.

[ukrules]

I've been at my current house for 5 years now.

This is the problem. You stayed too long and things started to wear out.

They will quite probably want the place to be handed back to them in the same condition it was five years ago which is just not possible over such a long period of time unless someone does continuous maintenance on the place.

[Sharp]

Move on man don't stress start new

Sent from my iPad using ThaiVisa app

[kannot]

why not ask for a copy of the rental contract? maybe she has lost hers too?

[oogster8]

I say take the wall and leave the rest............lol. You will have made your point.

[Beechboy]

Do the thing that gives you a clearer hassle-free head.

Clearly, although the woman is not on the same wavelength as you she has not taken any great advantage this latest episode apart.

Just avoid the worry. Cheaper in the long run and better for your peace of mind and health.

[maccaroni man]

In my opinion and a long term Samui resident and landlord I would say that without a security deposit at risk you are in the drivers seat. She showed poor and bad faith in the way she handled the a/c problem. I would not give notice until the day you return her key and leave the property as you found it. You can always go to the police capt with a bottle of red label if her children give you a problem. Move and be happy

[Khun Jean]

Invite her over and show her what you added to the house.

Ask her how much she wants to pay you if you leave those things behind.

If she does not want anything, you just take everything with you.

The wall around the house is worth money too, but it is also a real burden to take it out.

I would keep quiet about it because she is in her right to ask you to remove it.

If a gecko destroyed the aircon, you should consider offering her 2000 baht.

As it was an old aircondition and you did not take good care of it (Keeping it gecko free) it is a fair amount. She might be able to fix it with an other company. (Nothing is unfixable in Thailand!)

And don't be afraid! 99.99% of people are not going to kill or harm anyone.

[wellred]

Leave the new air con unit but drop a gecko in there on your way out. She will think hey nice new aircon unit.

[Bucko]

If you afraid of her, the last thing you should do is giving her a 30 day notice.

Just disappear from the island.

Yep that's what I would do--arrange transport from the Island at a the best time to be least noticed your leaving--take what's yours --or what you can manage--then straight onto the ferry and onward connection to your destination-

Sounds easy--but I don't expect it to be --do you think the landlord may suspect this may happen ?--and keep a watch on the place ??

Good luck--let us know how it pan's out---

This of course ---Only if there can be no satisfactory agreement reached

Edited October 15, 2013 by Bucko

[angryfarang]

I live and work on Samui, I have a business here, so I am moving locally.

If I was moving away from Samui then I definitely wouldn't give her any notice and would take everything, including removing the wall, plus I wouldn't pay her the last months rent (I paid at the end of each month)

Anyway, I will do things properly, give her 30 days notice, invite her round and show her what I have bought and see if we can come to some sort of agreement, I'd actually be happy to leave the aircon if she'd agree to let me skip the rent at the end of the month, which is more than fair. Anyway, we'll see...

If things don't work, it could be quite unfortunate if one of my "friends" rented the place for a couple of months and stole everything when then they left... [evil grin]