Breaking condo rental lease

[andreandre]

Moved into a condo recently, signed a 12 month lease agreement, and now due to personal reasons i have to move away...

I paid the usual 1 month up front and 2 months security and under the agreement i believe i will lose the two months security deposit if i just walk away..fair enough.

As for most people i can't afford to just walk away from this money,but the realestate agent wont advise me on options...just pointed out that i will lose my money...

I was told that if i find someone else to rent the condo [start a new lease via the same agent] that that would free me from my lease.

A win, win for all concerned if so.

Can the agent refuse me this option?

Anyone had this experience and/or know if this is in fact correct, i would appreciate any info.

[n210mp]

Personally I have never seen this type of "get out clause" in any tenancy agreement unless you have of course an agreement to "sublet" and would assume that if you wish to end the agreement you are in breach of the terms and conditions of the contract you went into and the landlord is entitled to keep your deposit, at the end of the day you signed a 12 month contract and are now ending it early.

[andreandre]

Personally I have never seen this type of "get out clause" in any tenancy agreement unless you have of course an agreement to "sublet" and would assume that if you wish to end the agreement you are in breach of the terms and conditions of the contract you went into and the landlord is entitled to keep your deposit, at the end of the day you signed a 12 month contract and are now ending it early.

Yes, agree...there is no 'get out clause' and no, this is not a sublet..i've simply gone and found them a new tennant to replace me ..They will have the condo rented again with no loss of income...the way i see it, surely thats fair to all...

[somchaismith]

It can be done, but only if agreed upon by the landlord. Similar to someone taking over a vehicle loan payment contract, which is quite common in Thailand. Regarding property, more than likely your contract would be cancelled and a separate one drawn up for the new tenants.

[DaTempo]

First hello to everybody as I'm new to this forum. My problem a little different but I decided to ask in this topic.

I have a problem with renting a condo. I have signed a 1 year contract which expires in the end of June. Up until now, I've paid everything before 5th in the month and had no problems with landlord nor he had with us. In meantime, my wife got pregnant and we need to go back home before the end of the contract because it could be dangerous for her to flight in the late pregnancy. We told that to the landlord 5 months before the end of the contract and asked him to go 2 and a half months before the end, but he insisted on honor the contract or he wont't give us deposit back (2 rents). I really thought he could understand the situation as we are not some scumbags, but he doesn't care. I don't want to be rude or something because I need to come back to Thailand because of the job and I don't want any problems with the visa in the future, but I also don't want to waste money easily. Since we are leaving in the middle of the month, I decided to leave condo clean as it was and not to pay for those 2 weeks (I counted 1 month deposit to cover that) and to leave 1 month deposit to him. Maybe someone has different opinion about that, but to me it sounds fair enough because I announced my leaving few months before and payed rent orderly and I won't owe him any money because he will take the deposit and the condo will be empty and clean.

My question is can I have any problems if I do like that such as problem with police, visa etc. since I don't want unpleasant situations in front of my pregnant wife?

[AlexRRR]

Da Tempo...you have an agreement its not that much maybe less than half you would pay in your own country shut up and pay it its just bad luck.

I found myself in similar circumstances to andre and tempo and i was flatly told when i gave notice i could kiss my money goodbye, because of the agreement i had signed i accepted what i was told, day before i was to check out and fly home the condo admin girl called me down to her office she informed me she was giving back to me 50% of my bond i was surprised and of course happy and by no means had i been a model tenant either, complaining many times about the internet and getting what i thought to be overcharged for electricity.

Just luck either for you or against you but the key is they are well within the rights to keep your deposit and this is the world over.

[atpeace]

All too common how someone signs an agreement then justifies breaking it and only sees the consequences from their perspective. I've had tenants call me and tell me they had to leave the country before the end of lease. The last one told me the 2 months deposit would cover his final 2 months. I wasted no energy explaining his contractual responsibility and in lieu wished him the best of luck returning home. Felt sorry for him actually, knowing how life unfolds for people lacking a sense of fairness.

If you are foreign owner here in Thailand your options are limited. Have the police entice the tenant to leave the premises? Tell the tenant you will take legal action? Both options above are either risky(tenants sometimes damage things) or a waste of energy in most cases.

[benalibina]

All too common how someone signs an agreement then justifies breaking it and only sees the consequences from their perspective. I've had tenants call me and tell me they had to leave the country before the end of lease. The last one told me the 2 months deposit would cover his final 2 months. I wasted no energy explaining his contractual responsibility and in lieu wished him the best of luck returning home. Felt sorry for him actually, knowing how life unfolds for people lacking a sense of fairness.

If you are foreign owner here in Thailand your options are limited. Have the police entice the tenant to leave the premises? Tell the tenant you will take legal action? Both options above are either risky(tenants sometimes damage things) or a waste of energy in most cases.

Hmmm...interesting statement you made.....knowing how life unfolds for people lacking fairness....

How does it unfold ?

[bkkjames]

I had to do this once - moved for work. However, I discussed with landlord about finding a replacement tenant vis a vie getting back my deposit, he was ok with this. I found one. The new tenant paid me the deposit instead of giving it to the landlord.

All parties happy.

[Yumthai]

What are the 2 months deposit for?... To cover issues like damaged furniture/condo elements, tenant not paying utility bills, tenant not paying rent.

So, if you have not damaged anything, paid your bills and rent on time until then, announced honestly that you will leave months in advance for a true reason, I assume your deposit will largely cover the 2 weeks unpaid rent and more.

If I was the landlord, keeping 2 months deposit (big money) just per contract clause without decent reason (listed above) would make me feel really bad... But this is just me, greed is unfortunately everywhere.

[OnMyWay2]

There are so many condos for rent in Thailand I'm sure that the landlord would consider a new tenant to finish your lease.

[SjaakNL2013]

I am always surprised the excuses people find to break a contract.

A contract have a start and a end date. After that end date you can do what you like but till so you have to follow the letters of the contract. If you not agree with the contract don t sign it and go on.

[baneko]

First hello to everybody as I'm new to this forum. My problem a little different but I decided to ask in this topic.

I have a problem with renting a condo. I have signed a 1 year contract which expires in the end of June. Up until now, I've paid everything before 5th in the month and had no problems with landlord nor he had with us. In meantime, my wife got pregnant and we need to go back home before the end of the contract because it could be dangerous for her to flight in the late pregnancy. We told that to the landlord 5 months before the end of the contract and asked him to go 2 and a half months before the end, but he insisted on honor the contract or he wont't give us deposit back (2 rents). I really thought he could understand the situation as we are not some scumbags, but he doesn't care. I don't want to be rude or something because I need to come back to Thailand because of the job and I don't want any problems with the visa in the future, but I also don't want to waste money easily. Since we are leaving in the middle of the month, I decided to leave condo clean as it was and not to pay for those 2 weeks (I counted 1 month deposit to cover that) and to leave 1 month deposit to him. Maybe someone has different opinion about that, but to me it sounds fair enough because I announced my leaving few months before and payed rent orderly and I won't owe him any money because he will take the deposit and the condo will be empty and clean.

My question is can I have any problems if I do like that such as problem with police, visa etc. since I don't want unpleasant situations in front of my pregnant wife?

When it comes to money its god in Thailand.

Sent from my GT-I9300T using Thaivisa Connect Thailand mobile app

[DaTempo]

I am always surprised the excuses people find to break a contract.

A contract have a start and a end date. After that end date you can do what you like but till so you have to follow the letters of the contract. If you not agree with the contract don t sign it and go on.

These are no excuses. Be happy if you haven't been in similar situation. It's not I want to break contract because I want to change condo or I want to live in someones condo for free, it's because my wife can't flight in the late pregnancy. I just don't know how someone can't understand that!

[baneko]

I am always surprised the excuses people find to break a contract.

A contract have a start and a end date. After that end date you can do what you like but till so you have to follow the letters of the contract. If you not agree with the contract don t sign it and go on.

These are no excuses. Be happy if you haven't been in similar situation. It's not I want to break contract because I want to change condo or I want to live in someones condo for free, it's because my wife can't flight in the late pregnancy. I just don't know how someone can't understand that!

Why not have the baby in Thailand?

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