What happens if I break my house lease?

[NCC1701A]

If I lease a house in Thailand, what can be done to you if you break the lease early. I am not worried about my deposit, I am just wondering what legal action can be taken if I leave the house before the lease is up.

I don't want to have immigration problems and I don't want to be arrested or dragged into court somehow.

Edited April 23, 2014 by NCC1701A

[bino]

Best case scenario is that you lose your deposit.

Worst case scenario is that the landlord can enforce the lease and make you liable for all unpaid amounts.

If they want to do this, then a complaint with the police is their initial course of action.

I'd suggest that you talk to the landlord and negotiate something, instead of doing the midnight runner.

[Crossy]

I think Bino has nailed it.

Talk to your landlord in the first instance.

[Senechal]

My understanding is totally different -- with respect to bino,

My understanding is that in Thailand, tenants who break leases must give up their deposit but are NOT liable for the total remainder of the lease.

I believe the only loss would be the deposit.

[ThaidDown]

'Early Termination' is something which should be covered in the lease agreement.

If not mentioned in the agreement I tend to go with bino. For example a lease of one year would be 12 monthly payments which you have agreed to make, the deposit is really to cover damage and outstanding utility bills.

In practical terms I do not see the landlord going to court if there were only a few months left on the lease, If you left after a couple of months of a 3 year contract it might be worth it money wise.

Just my opinion , no legal basis.

[Senechal]

'Early Termination' is something which should be covered in the lease agreement.

If not mentioned in the agreement I tend to go with bino. For example a lease of one year would be 12 monthly payments which you have agreed to make, the deposit is really to cover damage and outstanding utility bills.

In practical terms I do not see the landlord going to court if there were only a few months left on the lease, If you left after a couple of months of a 3 year contract it might be worth it money wise.

Just my opinion , no legal basis.

Hmm. This does not sound right. Sorry but this contradicts everything I've read, and brokers I've spoken with. I've never heard of this in Thailand and I don't think it's true. It sounds very much like opinion based on experience "back home". Where are you getting your info, ThaidDown (and Bino)?

Here are some clips from online sources:

"Terminating a Tenancy

The Tenant: Generally, if it is necessary for the tenant to leave prior to the agreed date they will forfeit their deposit. If it is stated in the lease agreement that the tenant can terminate their contract with sufficient notice (usually a 60-day notice is specified) then they will be able to collect their deposit."

http://thailand.angloinfo.com/housing/renting-accommodation/lease-agreement/

Deposits

Landlords usually receive rent one month in advance, and a security deposit equal to two to three months rent prior to occupancy. Deposits are refunded without interest a month after the expiration of the contract. Repairs and unpaid bills can be deducted from the security deposit. The deposit can not be used to pay for the last months rental. The deposit is forfeited if the tenant terminates the lease before the first year has elapsed.

http://www.globalpropertyguide.com/Asia/Thailand/Landlord-and-Tenant

What if I have to leave Thailand before the lease is finished?

Generally, if you have to leave before your first year is complete you will forfeit your deposit. We can negotiate that after the first year in an apartment you can leave with 60-day notice without forfeiting your deposit

http://www.thaiapartment.com/faq.asp

Edited April 24, 2014 by Senechal

[ThaidDown]

@Senechal....As I said previously 'Early Termination' should be covered in the lease agreement. This should deal with rights and obligation of both the renter and landlord.

All other speculation would then be mute. Your links are from other info/rental sites and may or may not be fully accurate.

If early termination were not mentioned in the lease then the landlord certainly could sue in civil court for the outstanding moths rent. Whether he would be successful or whether it would be worthwhile monetarily I do not know. I have no experience 'back home ' of renting ( or here come to that), comments are only based on things I have come across during a while in Thailand.

I'm not arguing with your point of view, this is just my opinion.

[eldragon]

Why don't you just ask the property owner? There's nothing wrong with saying, "It's looking like I gotta bail for reasons x, y, and z. What will happen with the remainder of the lease?" I know it doesn't always seem wise to show your hand here, but every time I sign a lease I ask the property owner "What happens if I bail on the lease?" The answer has always been a simple "I keep your deposit."

In a related question, how common is it for the property owner to ask for all the money up front when signing the lease? When looking for houses, I find the owner usually quotes a yearly price, as opposed to a monthly one. And sometimes there's an indication that all the money is due at the lease signing. One of my Thai friends told me she pays her rent by the year and had to come up w/ 30K for a small house in one of the provinces.

[Senechal]

@Senechal....As I said previously 'Early Termination' should be covered in the lease agreement. This should deal with rights and obligation of both the renter and landlord.

All other speculation would then be mute. Your links are from other info/rental sites and may or may not be fully accurate.

If early termination were not mentioned in the lease then the landlord certainly could sue in civil court for the outstanding moths rent. Whether he would be successful or whether it would be worthwhile monetarily I do not know. I have no experience 'back home ' of renting ( or here come to that), comments are only based on things I have come across during a while in Thailand.

I'm not arguing with your point of view, this is just my opinion.

Typical ThaiVisa experts at work. Your *opinion* which is based on absolutely no evidence whatsoever is what is likely to be inaccurate. LOL.

Your point about an 'early termination' clause doesn't serve as a general answer to a general question. Sure, if a contract were to also stipulate that a renter must pay 2 water-buffalo in the event that he pays late, then the owner can sue you for two water-buffalo. Except now we're talking about things that don't normally happen.

Standard practice in a Thai rental agreement is to forfeit your deposit in the event of early termination. If you would like to be a useful forum contributor, I suggest you actually post on topics with which you:

1) Have experience

2) Have evidence

3) Have done a modicum of research

By your own admission you have none of the above. But still you apparently see fit to opine on a subject which is decidedly not a matter of opinion.

I stand by my original answer for the third time: The OP would be on the hook for just the deposit unless there was some extremely non-standard contract language that said otherwise.

If you have some evidence or experience that suggests that this is not standard practice I remain cheerfully open to being proven wrong.

[ThaidDown]

@Senechal....As I said previously 'Early Termination' should be covered in the lease agreement. This should deal with rights and obligation of both the renter and landlord.

All other speculation would then be mute. Your links are from other info/rental sites and may or may not be fully accurate.

If early termination were not mentioned in the lease then the landlord certainly could sue in civil court for the outstanding moths rent. Whether he would be successful or whether it would be worthwhile monetarily I do not know. I have no experience 'back home ' of renting ( or here come to that), comments are only based on things I have come across during a while in Thailand.

I'm not arguing with your point of view, this is just my opinion.

Typical ThaiVisa experts at work. Your *opinion* which is based on absolutely no evidence whatsoever is what is likely to be inaccurate. LOL.

Your point about an 'early termination' clause doesn't serve as a general answer to a general question. Sure, if a contract were to also stipulate that a renter must pay 2 water-buffalo in the event that he pays late, then the owner can sue you for two water-buffalo. Except now we're talking about things that don't normally happen.

Standard practice in a Thai rental agreement is to forfeit your deposit in the event of early termination. If you would like to be a useful forum contributor, I suggest you actually post on topics with which you:

1) Have experience

2) Have evidence

3) Have done a modicum of research

By your own admission you have none of the above. But still you apparently see fit to opine on a subject which is decidedly not a matter of opinion.

I stand by my original answer for the third time: The OP would be on the hook for just the deposit unless there was some extremely non-standard contract language that said otherwise.

If you have some evidence or experience that suggests that this is not standard practice I remain cheerfully open to being proven wrong.

I do not know what you are getting all uppity about. In my original post I clearly stated that it was just my opinion, which, this being an open forum, I am quite entitled to make.

Also I never claimed to be an expert, are you? You were not the op and your replies quoting some non official web sites was just an opinion like mine. Whether I'm right or wrong it's up to the op to assess. He can reject or ignore any reply, it will not worry me, up to him. He can of course, if he wants, post on the 'Ask the Lawyer' Thread to get a legal opinion, something he will not get from you or me.

As I said before you have your opinion, fine with me. Wont waste any more time on this.

[Senechal]

@Senechal....As I said previously 'Early Termination' should be covered in the lease agreement. This should deal with rights and obligation of both the renter and landlord.

All other speculation would then be mute. Your links are from other info/rental sites and may or may not be fully accurate.

If early termination were not mentioned in the lease then the landlord certainly could sue in civil court for the outstanding moths rent. Whether he would be successful or whether it would be worthwhile monetarily I do not know. I have no experience 'back home ' of renting ( or here come to that), comments are only based on things I have come across during a while in Thailand.

I'm not arguing with your point of view, this is just my opinion.

Typical ThaiVisa experts at work. Your *opinion* which is based on absolutely no evidence whatsoever is what is likely to be inaccurate. LOL.

Your point about an 'early termination' clause doesn't serve as a general answer to a general question. Sure, if a contract were to also stipulate that a renter must pay 2 water-buffalo in the event that he pays late, then the owner can sue you for two water-buffalo. Except now we're talking about things that don't normally happen.

Standard practice in a Thai rental agreement is to forfeit your deposit in the event of early termination. If you would like to be a useful forum contributor, I suggest you actually post on topics with which you:

1) Have experience

2) Have evidence

3) Have done a modicum of research

By your own admission you have none of the above. But still you apparently see fit to opine on a subject which is decidedly not a matter of opinion.

I stand by my original answer for the third time: The OP would be on the hook for just the deposit unless there was some extremely non-standard contract language that said otherwise.

If you have some evidence or experience that suggests that this is not standard practice I remain cheerfully open to being proven wrong.

I do not know what you are getting all uppity about. In my original post I clearly stated that it was just my opinion, which, this being an open forum, I am quite entitled to make.

Also I never claimed to be an expert, are you? You were not the op and your replies quoting some non official web sites was just an opinion like mine. Whether I'm right or wrong it's up to the op to assess. He can reject or ignore any reply, it will not worry me, up to him. He can of course, if he wants, post on the 'Ask the Lawyer' Thread to get a legal opinion, something he will not get from you or me.

As I said before you have your opinion, fine with me. Wont waste any more time on this.

Right. Thanks for your contribution there, bro. You have zero experience by your own admission and zero evidence, and you're posting anyway because it's "your right". That's called "clutter". You're just spewing nonsense with zero basis in reality.

Furthermore, what are "non official" websites? You mean, like anything non-governmental doesn't fly with you? Boy are you a pill. Here you are with your admitted zero experience and zero evidence, choosing to dismiss 4 industry sources -- because your baseless opinion says otherwise.

Yeah.. LOL.. I'd hate to see you "waste any more time" here. Good lord.

[F4UCorsair]

Goodness gracious Senechal, it is an internet forum and people can post OPINIONS without any evidence or experience, and I'll do just that.

My OPINION is that to bail out of a lease without negotiating with the owner is ignorant, arrogant, and irresponsible, but I have no experience or evidence, so I guess my OPINION is worthless?

It's possible the owner can't easily find another tenant so he's out of pocket. That's hardly fair or reasonable.

As a matter of interest, if a tenant breaks a lease in my state in Australia, the tenant is responsible for rent until the owner finds a new tenant, and I see that as entirely reasonable.

Edited April 24, 2014 by F4UCorsair

[NoshowJones]

My understanding is totally different -- with respect to bino,

My understanding is that in Thailand, tenants who break leases must give up their deposit but are NOT liable for the total remainder of the lease.

I believe the only loss would be the deposit.

I think the op has done some accidental damage and wants to scarper.

[ThaidDown]

@Senechal....Yes I know I said I was not wasting more time but....

I think that you are just digging a deeper hole for yourself, but that's just my opinion.

'4 industry sources' I only count three links, one an expat forum, and 2 property related. No where did I say I dismissed them, they are just an opinion , you seem to accept them as gospel.

I'll reiterate, it's up to the op to treat all replies as he wishes. We are all entitled to post an opinion. (unless the mods decide otherwise)

Have a good day bro!

[johninbkk71]

Best case scenario is that you lose your deposit.

Worst case scenario is that the landlord can enforce the lease and make you liable for all unpaid amounts.

If they want to do this, then a complaint with the police is their initial course of action.

I'd suggest that you talk to the landlord and negotiate something, instead of doing the midnight runner.

Was the lease legally registered? Leases have stamps on there should be a Thai and English copies.

[cdnvic]

Personal attacks and replies removed.

[Ulic]

This is an ask the Lawyer question.

[Smokin Joe]

I think Mr. Know-it-all doesn't have any idea of the difference between renting and leasing. A lease is not the same as a month to month rental.

[bino]

'4 industry sources' I only count three links, one an expat forum, and 2 property related. No where did I say I dismissed them, they are just an opinion , you seem to accept them as gospel.

Senechal...

I'm with ThaidDown on this. Especially when you consider that 2 of your 3 links start with the word "Generally". This indicates to me that they are the opinion of whoever wrote them and not the letter of the law.

The letter of the law is straightforward. A renter enters into a contract with a landlord, and it can be enforced according to its terms.

I'll go with ThaidDown again... a really good lease will have some kind of "get-out" clause, Early Termination, Diplomatic Clause or whatever you want to call it. A lot of the OP's scenario will depend on what is in the lease.

My initial post contained the best case and worst case scenario. There are lots of scenarios in between.

Where do I get my information, you ask? Thaivisa of course!

[Phoenix1312]

You lose your bond. I broke 2.

[crazykopite]

Depends on the terms of your lease any good lease would have early termination included with the document if not then I doubt much can be done other than losing your deposit

[monkeycountry]

Best case scenario is that you lose your deposit.

Worst case scenario is that the landlord can enforce the lease and make you liable for all unpaid amounts.

If they want to do this, then a complaint with the police is their initial course of action.

I'd suggest that you talk to the landlord and negotiate something, instead of doing the midnight runner.

The landlord can take the matter to a civil court based on the contract, but not to the police, as no crime has been committed. For the same reason, it will not influence the OPs visa status.

[bino]

The landlord can take the matter to a civil court based on the contract, but not to the police, as no crime has been committed. For the same reason, it will not influence the OPs visa status.

Oh, but it can. Read the story here about Lee Chesnutt whose dispute with a landlord turned into a four year ordeal where he was prevented from leaving Thailand.

http://www.thaivisa.com/forum/topic/612296-embattled-brit-lee-chestnutt-forced-to-stay-in-thailand/

http://www.thaivisa.com/forum/topic/628326-british-man-trapped-in-thailand-for-four-years-is-back-home/

[canadianinbkk]

My case is a bit different. My landlord wouldn't translate the lease into English so I was uncomfortable signing it. I ended up with the signed copy and she did not. I tried asking her my option since my new job is 25km away and she didn't respond well. She went on about how I'm such a good tenant and she's in shock I'm doing this to her. I'm unsure if it's the language barrier. I was merely asking what my options are. If I can find a good renter to take over the lease, would I be able to get my two months deposit back etc. Any advice out there since I never legally signed the document. She does have copy of my passport. What can I do if my landlord refusing to give me option?? Do I have to legally stay?

Sent from my iPhone using Thaivisa Connect Thailand

[casualbiker]

My case is a bit different. My landlord wouldn't translate the lease into English so I was uncomfortable signing it. I ended up with the signed copy and she did not. I tried asking her my option since my new job is 25km away and she didn't respond well. She went on about how I'm such a good tenant and she's in shock I'm doing this to her. I'm unsure if it's the language barrier. I was merely asking what my options are. If I can find a good renter to take over the lease, would I be able to get my two months deposit back etc. Any advice out there since I never legally signed the document. She does have copy of my passport. What can I do if my landlord refusing to give me option?? Do I have to legally stay?

Sent from my iPhone using Thaivisa Connect Thailand

You say you have a signed copy .. so you signed the lease. No?

How long have you been in the dwelling?

Sent from my XT1032 using Thaivisa Connect Thailand mobile app

[canadianinbkk]

My landlord has a copy without my signature. Only her own as I was uncomfortable signing a document without knowing what it was saying. I've stayed for 6 months so far out of a year lease. Any advice?

Sent from my iPhone using Thaivisa Connect Thailand

[bino]

My landlord has a copy without my signature. Only her own as I was uncomfortable signing a document without knowing what it was saying. I've stayed for 6 months so far out of a year lease. Any advice?

Sent from my iPhone using Thaivisa Connect Thailand

If you really want out, then go. If she tries to come after you for anything, you can say "What Lease? I didn't sign any lease with you."

But be fully expecting her to say "What deposit? You didn't sign any lease with me!"

[fgw24903]

Just want to ask if walking out of a flat rent without any formal lease bud dodging last month's rent and bills while expecting to not see my 2 months deposit back will go okay. Am paranoid as they have my pasport bio page but been there 8 months and no agreement on length of rent made verbally or in writing. It's got seriously noisy next door so don't want to stay. I have on light pack to carry so can move without them know. Or should I tell them and negotiate? It's lost sleep if I live here much more

[jcisco]

Just want to ask if walking out of a flat rent without any formal lease bud dodging last month's rent and bills while expecting to not see my 2 months deposit back will go okay. Am paranoid as they have my pasport bio page but been there 8 months and no agreement on length of rent made verbally or in writing. It's got seriously noisy next door so don't want to stay. I have on light pack to carry so can move without them know. Or should I tell them and negotiate? It's lost sleep if I live here much more

where are you staying? Sounds like you've got some night workers, party people or maybe meth users next door. Ever thought to just ask them to quieten down some between specific hours, has worked well for me in the past.

[fgw24903]

Just want to ask if walking out of a flat rent without any formal lease bud dodging last month's rent and bills while expecting to not see my 2 months deposit back will go okay. Am paranoid as they have my pasport bio page but been there 8 months and no agreement on length of rent made verbally or in writing. It's got seriously noisy next door so don't want to stay. I have on light pack to carry so can move without them know. Or should I tell them and negotiate? It's lost sleep if I live here much more

where are you staying? Sounds like you've got some night workers, party people or maybe meth users next door. Ever thought to just ask them to quieten down some between specific hours, has worked well for me in the past.

Yeah, I tried 3 times now over a week..knocked the door and asked politely for noise down...Bangkok noi.. Am hesitant on what to do. I can see from the other neigbours, they are not all that keen on me being there..smiled and nodded and get no acknowledgement back after 8 months here..just feeling I can't say anymore here in the building