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Illegal Renting Contract ?


Kitsune

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My landlord has decided to pay me regular 'surprise visits' to "check on the house".

He came today with only a 2 hours warning by text and said he would like to come again to do regular checks during the duration of the next contract.

I told Thai law (I think correct me if wrong) requires a formal written with proper notification (of 2 weeks if I recall correctly?)

He said he does not care; its HIS house and he can come around whenever he likes, and without warning.

I think / hope he's going to write this in the contract.

Once I have the contract, with his illegal demand in black and white, could I sue him?

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Once I have the contract, with his illegal demand in black and white, could I sue him?

As said above owner (or agent) is entitled to inspect within reasonable time. Two weeks notice is not reasonable.

Since 'reasonable' is subjective it is better to have the conditions written into the lease.

If the rental agreement says that he can inspect 'at any time' and you agree to it by signing, then it is perfectly legal.

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So if he comes on 2hours notice without prior agreement, like today what legal option do I have?

Privacy
As a tenant, you are entitled to live in privacy. This means that during your stay at the rental premises you should not experience interruption or interference by the landlord/agent or anyone acting on the landlord's behalf.
To ensure this occurs, the landlord/agent is required to obtain agreement from the tenants prior to visiting the property.
Edited by Kitsune
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From Thai Civil Code:
Section 555. The hirer is bound to allow the letter or his agents to inspect the property hired at reasonable time

Once I have the contract, with his illegal demand in black and white, could I sue him?

Are you an American by any chance ?....and what exactly are you going to sue him for....inspecting his own property ?

If this is so objectionable to you to the point you want to sue, one suspects you need to find alternative accomadation

OP has already started this thread:

http://www.thaivisa.com/forum/topic/701022-have-landlords-every-right-here-prying-harrassing/

I don't quite understand OP's barratry, and can only suppose the owner is as puzzled as I am and therefore suspects OP wants to hide something.

The best advice would be to move, instead OP wants to get the renewal contract, to sign it and then to sue the owner...

(i.e. the contract would not reflect all parties' wishes and therefore be concluded in ill faith).

Edited by manarak
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From Thai Civil Code:
Section 555. The hirer is bound to allow the letter or his agents to inspect the property hired at reasonable time

Once I have the contract, with his illegal demand in black and white, could I sue him?

Are you an American by any chance ?....and what exactly are you going to sue him for....inspecting his own property ?

If this is so objectionable to you to the point you want to sue, one suspects you need to find alternative accomadation

OP has already started this thread:

http://www.thaivisa.com/forum/topic/701022-have-landlords-every-right-here-prying-harrassing/

I don't quite understand OP's barratry, and can only suppose the owner is as puzzled as I am and therefore suspects OP wants to hide something.

The best advice would be to move, instead OP wants to get the renewal contract, to sign it and then to sue the owner...

(i.e. the contract would not reflect all parties' wishes and therefore be concluded in ill faith).

Nope this time it's different, he has turn up without warning, and it's about the contract.

People told me it's normal for a landlord to come so many times.

Now I need to know if it's normal to come without authorization.

If you read the thread your should know that moving is not an option, and if it was, it is not something I wish to discuss here. It involves my own personal situation I do not wish to debate, the topic is on LEGAL OPTIONS and I would like you to respect that.

thank you.

Edited by Kitsune
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From Thai Civil Code:
Section 555. The hirer is bound to allow the letter or his agents to inspect the property hired at reasonable time

Once I have the contract, with his illegal demand in black and white, could I sue him?

Are you an American by any chance ?....and what exactly are you going to sue him for....inspecting his own property ?

If this is so objectionable to you to the point you want to sue, one suspects you need to find alternative accomadation

OP has already started this thread:

http://www.thaivisa.com/forum/topic/701022-have-landlords-every-right-here-prying-harrassing/

I don't quite understand OP's barratry, and can only suppose the owner is as puzzled as I am and therefore suspects OP wants to hide something.

The best advice would be to move, instead OP wants to get the renewal contract, to sign it and then to sue the owner...

(i.e. the contract would not reflect all parties' wishes and therefore be concluded in ill faith).

Nope this time it's different it's about the contract.

If you read the thread your should know that moving is not an option, and if it was, it is not something I wish to discuss here. It involves my own personal situation I do not wish to debate, the topic is on LEGAL OPTIONS and I would like you to respect that.

thank you.

I'd bet your personal situation is somehow related to your difficulties with the owner.

And about moving not being an option, we just have to take your word for it.

Trust me, suing the owner over the contract is not going to improve your (rather odd) situation.

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Once I have the contract, with his illegal demand in black and white, could I sue him?

Are you an American by any chance ?....and what exactly are you going to sue him for....inspecting his own property ?

If this is so objectionable to you to the point you want to sue, one suspects you need to find alternative accomadation

OP has already started this thread:

http://www.thaivisa.com/forum/topic/701022-have-landlords-every-right-here-prying-harrassing/

I don't quite understand OP's barratry, and can only suppose the owner is as puzzled as I am and therefore suspects OP wants to hide something.

The best advice would be to move, instead OP wants to get the renewal contract, to sign it and then to sue the owner...

(i.e. the contract would not reflect all parties' wishes and therefore be concluded in ill faith).

Nope this time it's different it's about the contract.

If you read the thread your should know that moving is not an option, and if it was, it is not something I wish to discuss here. It involves my own personal situation I do not wish to debate, the topic is on LEGAL OPTIONS and I would like you to respect that.

thank you.

I'd bet your personal situation is somehow related to your difficulties with the owner.

And about moving not being an option, we just have to take your word for it.

Trust me, suing the owner over the contract is not going to improve your (rather odd) situation.

No, I just don't want to share my personal info on a forum, that's all.

There is nothing odd about my situation; I just need legal advice, not a "what would you do in that case advice" thanks

I need to know what's the legal options

If I need to move out, it's a personal decision I will or not take once I have the needed information

Edited by Kitsune
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Definitely the OP should sue !

A Thai lawyer will happily advise for a suitably large fee smile.png

On a more serious note thoughts of "suing " should immediately be abandoned there is no hope of succeeding!

if the OP is unable to sustain a cordial relationship with the owner it would seem a move sooner rather than later is indicated.

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Definitely the OP should sue !

A Thai lawyer will happily advise for a suitably large fee smile.png

On a more serious note thoughts of "suing " should immediately be abandoned there is no hope of succeeding!

if the OP is unable to sustain a cordial relationship with the owner it would seem a move sooner rather than later is indicated.

Did I day the relationship was not cordial ?

I don't think cordial has ANYTHING to do with it

he said hello please thank you, he's willing to sign me a new contract. I let him inspect the house, he was happy enough with the inspection. He left saying he will send the new contract and said bye.

So no hope in suing ? Could you elaborate on this very useful piece of legal advice or is this just your gut feeling after a nap in front of Sotchi games and a big fat burger?

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From Thai Civil Code:
Section 555. The hirer is bound to allow the letter or his agents to inspect the property hired at reasonable time

Once I have the contract, with his illegal demand in black and white, could I sue him?

Are you an American by any chance ?....and what exactly are you going to sue him for....inspecting his own property ?

If this is so objectionable to you to the point you want to sue, one suspects you need to find alternative accomadation

OP has already started this thread:

http://www.thaivisa.com/forum/topic/701022-have-landlords-every-right-here-prying-harrassing/

I don't quite understand OP's barratry, and can only suppose the owner is as puzzled as I am and therefore suspects OP wants to hide something.

The best advice would be to move, instead OP wants to get the renewal contract, to sign it and then to sue the owner...

(i.e. the contract would not reflect all parties' wishes and therefore be concluded in ill faith).

Nope this time it's different, he has turn up without warning, and it's about the contract.

People told me it's normal for a landlord to come so many times.

Now I need to know if it's normal to come without authorization.

If you read the thread your should know that moving is not an option, and if it was, it is not something I wish to discuss here. It involves my own personal situation I do not wish to debate, the topic is on LEGAL OPTIONS and I would like you to respect that.

thank you.

Well easy what does the contract say ?

You keeping banging on about something being illegal, I am curious to understand what laws you think have been broken ?

Tresspass, illegal entry what ?.....good luck laying these sorts of charges against an owner of a property ?

Also an owner doesnt need "authorisation" to inspect his own property, he will give notification that he intends to inspect, he doesnt need your permission legally...its his property

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Once I have the contract, with his illegal demand in black and white, could I sue him?

Are you an American by any chance ?....and what exactly are you going to sue him for....inspecting his own property ?

If this is so objectionable to you to the point you want to sue, one suspects you need to find alternative accomadation

OP has already started this thread:

http://www.thaivisa.com/forum/topic/701022-have-landlords-every-right-here-prying-harrassing/

I don't quite understand OP's barratry, and can only suppose the owner is as puzzled as I am and therefore suspects OP wants to hide something.

The best advice would be to move, instead OP wants to get the renewal contract, to sign it and then to sue the owner...

(i.e. the contract would not reflect all parties' wishes and therefore be concluded in ill faith).

Nope this time it's different, he has turn up without warning, and it's about the contract.

People told me it's normal for a landlord to come so many times.

Now I need to know if it's normal to come without authorization.

If you read the thread your should know that moving is not an option, and if it was, it is not something I wish to discuss here. It involves my own personal situation I do not wish to debate, the topic is on LEGAL OPTIONS and I would like you to respect that.

thank you.

Well easy what does the contract say ?

You keeping banging on about something being illegal, I am curious to understand what laws you think have been broken ?

Tresspass, illegal entry what ?.....good luck laying these sorts of charges against an owner of a property ?

Also an owner doesnt need "authorisation" to inspect his own property, he will give notification that he intends to inspect, he doesnt need your permission legally...its his property

Why do you keep posting about a topic you have not even read ? ; The contract is to be renewed so NOTHING is on the contract yet.

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Definitely the OP should sue !

A Thai lawyer will happily advise for a suitably large fee smile.png

On a more serious note thoughts of "suing " should immediately be abandoned there is no hope of succeeding!

if the OP is unable to sustain a cordial relationship with the owner it would seem a move sooner rather than later is indicated.

Did I day the relationship was not cordial ?

I don't think cordial has ANYTHING to do with it

he said hello please thank you, he's willing to sign me a new contract. I let him inspect the house, he was happy enough with the inspection. He left saying he will send the new contract and said bye.

So no hope in suing ? Could you elaborate on this very useful piece of legal advice or is this just your gut feeling after a nap in front of Sotchi games and a big fat burger?

what are you banging on about ?......if you want proper legal advice retain a lawyer then

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Definitely the OP should sue !

A Thai lawyer will happily advise for a suitably large fee xsmile.png.pagespeed.ic.TZt5dYe8BC.webp

On a more serious note thoughts of "suing " should immediately be abandoned there is no hope of succeeding!

if the OP is unable to sustain a cordial relationship with the owner it would seem a move sooner rather than later is indicated.

Did I day the relationship was not cordial ?

I don't think cordial has ANYTHING to do with it

he said hello please thank you, he's willing to sign me a new contract. I let him inspect the house, he was happy enough with the inspection. He left saying he will send the new contract and said bye.

So no hope in suing ? Could you elaborate on this very useful piece of legal advice or is this just your gut feeling after a nap in front of Sotchi games and a big fat burger?

what are you banging on about ?......if you want proper legal advice retain a lawyer then

No "free" legal advice to be had here -----------

As said retain a lawyer

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what are you banging on about ?......if you want proper legal advice retain a lawyer then

This topic is a request to know what are my legal options, may be I will go and see a lawyer may be I won't, but this is not for you to decide. Again it is my own private decision (like to move out or not) that I do not wish to share on a forum, thank you for respecting my privacy.

If you cannot bring constructive information about the topic or cannot be bothered to even read it please kindly refrain to post inane comments.

Thank you

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what are you banging on about ?......if you want proper legal advice retain a lawyer then

This topic is a request to know what are my legal options, may be I will go and see a lawyer may be I won't, but this is not for you to decide. Again it is my own private decision (like to move out or not) that I do not wish to share on a forum, thank you for respecting my privacy.

If you cannot bring constructive information about the topic or cannot be bothered to even read it please kindly refrain to post inane comments.

Thank you

Legal options are normally obtained from and identified by , a retained lawyer .

"Legal options "are not usually to be found on a forum such as this

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Definitely the OP should sue !

A Thai lawyer will happily advise for a suitably large fee xsmile.png.pagespeed.ic.TZt5dYe8BC.webp

On a more serious note thoughts of "suing " should immediately be abandoned there is no hope of succeeding!

if the OP is unable to sustain a cordial relationship with the owner it would seem a move sooner rather than later is indicated.

Did I day the relationship was not cordial ?

I don't think cordial has ANYTHING to do with it

he said hello please thank you, he's willing to sign me a new contract. I let him inspect the house, he was happy enough with the inspection. He left saying he will send the new contract and said bye.

So no hope in suing ? Could you elaborate on this very useful piece of legal advice or is this just your gut feeling after a nap in front of Sotchi games and a big fat burger?

what are you banging on about ?......if you want proper legal advice retain a lawyer then

No "free" legal advice to be had here -----------

As said retain a lawyer

I am not asking for "free legal advice" here.

Again I just asking to know what are the options BEFORE seeing a lawyer.

I know layers exist and I know moving out could be an option, but I have come to this forum for an alternative.

Last time I had a problem with a landlord it was over 20 years ago. I did not see a lawyer, a friend had a very good advice for me, he told me to write him a letter and what to say, problem solved.

The world is not just about lawyers and drastic solutions, I believe in happy middles.

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Thai Civil Code Section 555 mentions 'reasonable' inspection time. If you feel that the new lease contains terms that could be deemed as 'unreasonable' and in violation of that provision of the Thai Civil Code, then you could decide to not sign the lease. If you wanted to consider legal action, you might then sue the landlord for the damages you incur in finding suitable new accommodations because, as the current tenant in good-standing, you were not willing to sign a new lease that would abrogate your rights under pertinent section(s) of the Thai Civil Code.

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Thai Civil Code Section 555 mentions 'reasonable' inspection time. If you feel that the new lease contains terms that could be deemed as 'unreasonable' and in violation of that provision of the Thai Civil Code, then you could decide to not sign the lease. If you wanted to consider legal action, you might then sue the landlord for the damages you incur in finding suitable new accommodations because, as the current tenant in good-standing, you were not willing to sign a new lease that would abrogate your rights under pertinent section(s) of the Thai Civil Code.

Best answer so far, thank you, this is really helpful thumbsup.gif

Does it mean that if I do sign it, i will lose the right to any legal deed?

Edited by Kitsune
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I am not asking for "free legal advice" here.

Again I just asking to know what are the options BEFORE seeing a lawyer.

I know layers exist and I know moving out could be an option, but I have come to this forum for an alternative.

Last time I had a problem with a landlord it was over 20 years ago. I did not see a lawyer, a friend had a very good advice for me, he told me to write him a letter and what to say, problem solved.

The world is not just about lawyers and drastic solutions, I believe in happy middles.

In response to your previous rude reply...I am still at a loss as to what your banging on about, and yes I have read your post multiple time trying to figure it out

but based on your own written words:

He said he does not care; its HIS house and he can come around whenever he likes, and without warning.

I think / hope he's going to write this in the contract.

Once I have the contract, with his illegal demand in black and white, could I sue him?

Yes it is his house and basically unless contracturally agreed to he can visit any time he wants, typically a good landlord will give you notification, but hardly "illegal" and yes he can write what ever he wants in his contract and it up to you to either accept or reject the T&C's...if you reject his T&C's and cant come to a mutally acceptable agreement you will be moving house.

If you sign the contract as is, it nows becomes legally binding, so cannot be "illegal" and you cant sue him because you have agreed to the T&C's in the first instance...if you did take it to civil court...you would most certainly lose the case

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If you wanted to consider legal action, you might then sue the landlord for the damages you incur in finding suitable new accommodations because, as the current tenant in good-standing, you were not willing to sign a new lease that would abrogate your rights under pertinent section(s) of the Thai Civil Code.

IMHO you wouldnt even get away with trying on something like this even in the US...

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I think your only position comes from not signing a lease that would deprive you of your rights. If you sign it, you have waived those rights.

Its a contractual negotiation, not a violation of the UN human rights charter...tongue.png

The OP either agree's and signs, doesnt agree and tries to negotiate mutually agreeable terms and signs, or doesnt sign and walks away.

but you are correct in saying once signed he is legally bound by those T&C's and cant start banging on about an "illegal contract" and suing people

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