house renting end of contract

[fry30]

hi everyone,

I'm renting a house with a one year contract since 6 months and I have to leave now. I gave 2 months deposit which will be forfeit due to the termination before end of contract. Now I'm wondering if I still have to pay if there is any damages or if the amount of the deposit is still covering this. My other concern is about after my leaving, if ever the landlord or the new leese holder break something they could try to put the responsibility on me. I'm especially worry if there is no new leese holder, how can I prove that I'm not living in the house anymore and how to prove that one the day I left everything was ok?

[bushwacker]

The 2 month deposit is for damages and/or if you leave early. If you leave early the deposit is gone, you are gone the landlord has the money and the story is ended. Deposits are asked for because it is so difficult or impossible to get the tenant to pay for anything when they leave.

[Naroge]

What does the contract say? Normally you should have a Termination Clause in there, and if you follow this you should even get your deposit back.

If you don't follow the Termination Clause, or if there is no such clause, the Landlord will use your deposit to cover unpaid rent and possible damages. He does even have the right to bring you to court should your deposit not cover unpaid rent and possible damages.

Whatever the contract says, it's important that you formally terminate the contract, have a common inspection of the house and return the keys, and get it all in writing. The landlord should then not be able to claim you for possible damages after you have moved out.

So, back to basics: What does the contract say?

[NanLaew]

There should be a joint inspection of the property by the OP and landlord at the handing back of the keys.

If the landlord isn't not available, the OP should make a VERY THOROUGH inspection and take plenty pictures.

If the OP has already vacated, then anything can happen.

[Bangkok45]

Normally, the 2 months deposit will be used to cover damages should there be any after the contract ends. In you case, if you are to break the 1 year contract your deposit will be forfeited based on that fact alone, and any damages have to be paid for separately. Is there an early termination clause in your contract? I'm asking this because there's variations to leasing contracts. If you do not have an early termination clause, you could ask permission to sublet from your landlord to fulfill the contract terms of duration. Good luck!

[dotx]

It depends on your relationship with the landlord. I left a house four months before the contract was due to expire and the landlady gave me back half of my deposit anyway. She kept the other half to fix some damage my dogs had done to the inside of the house and to pay some bills (my last electric and internet). I was really nice about the whole thing and explained I had to move and she was ok with it.

I was prepared to lose my security deposit, though, and I'd think that's reasonable.

[Mises]

All the one year rental contracts (lease agreement) I have ever seen require the tenant to pay the remaining period of the lease if vacating early. The monthly rental price is considerably less for a year than 6 months so one cannot expect that benefit without a downside.

As others have said, it all depends what the contract says. But you might be able to negotiate, say, a 3 month payment and then if the landlord can find a new tenant quickly both parties gain.

Or you just vanish and forfeit the 2 months deposit but you would forever be liable for the outstanding rent.

[brucegoniners]

That's what your deposit is for. Thai Landloards almost always screw people over when they move out. Don't worry about it.

[Cbr150r]

Most of the dozen or so rental contracts I've had have had an early termination clause which I always thought was generous. One time I left 3 months early from a condo due to a small falling out with the owner and even though there was no early termination clause and neither us or the owner were happy with each other (kept the relationship professional and polite though) we managed to negotiate a return of 80% of the deposit

Speak with your landlord as you might be pleasantly surprised

[Cbr150r]

That's what your deposit is for. Thai Landloards almost always screw people over when they move out. Don't worry about it.

Over 8 years renting in the past, Bangkok only, and not my experience at all. Only had one problem with having to pay to refinish a hardware floor where I felt it was wear and tear only. All the other landlords were amazingly fair (always received full deposit back) and laid back

[Naroge]

That's what your deposit is for. Thai Landloards almost always screw people over when they move out. Don't worry about it.

Strange comment. In none of the contracts I have had in Thailand or other Asian countries have I had any problems getting my deposit back in full. The same for all the other expats in the office renting accommodation.

[Cbr150r]

That's what your deposit is for. Thai Landloards almost always screw people over when they move out. Don't worry about it.

Over 8 years renting in the past, Bangkok only, and not my experience at all. Only had one problem with having to pay to refinish a hardware floor where I felt it was wear and tear only. All the other landlords were amazingly fair (always received full deposit back) and laid back

ooops..typo...hardwood floors!

[fry30]

Thanks for all your answers, as I said in my post the deposit will be forfeit, the contract is clear on this point and I already discussed with my landlord to get an agreement and she asked me to refer to the contract. However she asked me to tell her in advance to be able to show the house to get new tenant, I accepted but I don't really have to as she wants to strictly refer to the contract, the deposit is covering such case like leaving without notice. Anyway I want to avoid any issue so I'm ok to let her show the house to new tenants.

Knowing that she is a greedy person, the last information I got from the neighborhood is that she has 3 huge houses and this one she got it from her previous farang husband who is passed away now. She wants to sell it to get fast cash but the house is for her kids the family of our fellow farang seems to have taken some precaution and force her to keep it for the children. Just this house is around 10 million, she gets 40 000 per month for it and she asked me to let her informed in advance to be able to feed her kids. She also stole the coconut in the garden when she saw that I was starting to eat them...

Given the picture of the landlord I believe I should take some precaution. I have no intention to get back my deposit, I'm just wondering if she could be greedy enough to try to get more than this.

Should I take a lawyer to make the inventory? or to just assist the day I give back the key?

I didn't sign any inventory when coming in so on both side we can't prove if ever there is any damage when it has been done.

[Arkady]

You should be a bit cautious, since there is a famous case of a farang who was stuck in Thailand for nearly 2 years unable to work while a case filed against him for damages by his landlord crawled through the court. It seemed to involve mainly fictitious damage done to the property.

The deposit is not the maximum liability in law. If there was no break clause, you can be forced to pay the balance of the contract, if no one else takes it over before the end of the contract. There is hardly any tenant protection law in Thailand. It is a normal business contract.

[fry30]

but how could she proves that I'm responsible for the damages?

[fry30]

Is there a contract to sign the day I give back the keys? is there a standard form?