Landlord is not writing a lease, what to do?

[Hal65]

Hi, I'm having an issue with my property manager at an apartment I planned to rent.

I moved an early this month, and paid 5000 baht to book the room. She wrote me an invoice for this amount, and told me she would have a English lease ready for me the next day. Tuesday rolls around, and she says the lease isn't ready yet, and apologizes profusely. Wednesday, similar story. Thursday, Friday, and now Saturday, all similar excuses.

I've been very polite so far, but now I'm getting concerned. Today when I asked her about the lease, she made her excuse as usual, and then asked me how much I had paid to get the Internet installed.

That scares me a bit, because I've been wondering if she is trying to scam me in some way, and now she's asking about my move-in costs (Earlier she also asked how much the truck charged me to move all my stuff).

What can I do? I'd like an actual lease in place, because right now I'm staying in a room with no formal agreement, and I already paid for almost a whole month (rent here is 5500/mo).

[Neeranam]

I'd say your lucky that there isn't a deposit.

Go with the flow, at the end of the day 5000 bht is nothing.

She might be seeing how gullible wealthy you are by asking how much you paid. She might raise the rent after you are in but why worry?

[Hal65]

I'd say your lucky that there isn't a deposit.

Go with the flow, at the end of the day 5000 bht is nothing.

She might be seeing how gullible wealthy you are by asking how much you paid. She might raise the rent after you are in but why worry?

My concern is that she'll pocket the money and then tell me that she so sorry, "but she accidentally rented the place to someone else, and I have to leave in two days."

Yes, I could find another place around the same area, but I've already looked and will be paying at least 2500 more per month (I'm in Asoke).

[SDM0712]

I don't really deal with this end of the market but many Thais I know that rent in this kind of range don't expect to or receive a lease. If you have paid a deposit that's probably the only thing you might lose.

Have you discussed electricity rates ? The apartment management will normally charge you more than the government rate, probably about 7/8 baht per unit. There should be a meter outside your room, make sure the readings are on your monthly bill, and that's probably the only documentation you will get. Also water and cable TV costs. Personally I wouldn't be worried in this range.

SDM

PS Keep your receipts and I'm sure you will be fine.

Edited June 7, 2014 by SDM0712

[CWMcMurray]

If no lease , them is month to month.. Since no deposit, would not worry about it.

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[marko kok prong]

Hal,i would run if i were you ,next thing you know they will be creeping in at night,to harvest your organs.

[CharlieH]

Stop being paranoid, at that price there is no big issue is there, just roll with it and see what happens.

[stoneyboy]

The rented property I live in has no lease and I paid no deposit when I took it on,I pay them every 6 months and the verbal agreement we have from the start seems to be enough.

This is a four bedroom,four bathroom property and is a fantastic house for the mere 5,000 baht a month I pay.

Go with the flow some Thais prefer to do business this way,i wouldn't worry about it one bit.

[rgs2001uk]

I can only imagine what kind of dump can be rented for 5k per month in Asoke.

Why in gawds name would you pay 5k upfront to book a room, why didnt you just move in?

[marko kok prong]

The rented property I live in has no lease and I paid no deposit when I took it on,I pay them every 6 months and the verbal agreement we have from the start seems to be enough.

This is a four bedroom,four bathroom property and is a fantastic house for the mere 5,000 baht a month I pay.

Go with the flow some Thais prefer to do business this way,i wouldn't worry about it one bit.

Wow, four bathrooms,do you use them all on a kind of cycle,or just whatever takes your fancy,ie,today blue bathroom,tomorrow green bathroom?

[wow64]

Get the lease in thai so you at least have a lease.

Sent from my c64

[I Like Thai]

She probably can't write English and doesn't know anyone that can write it. If you have a Thai lease, go to someplace and get it translated. Then you can use this

[Datebayo]

I don't understand why farangs always pay the rental BEFORE signing any agreement. You can say all you want about Thais but Thais ain't so gullible as farangs to pay any money before any paper agreement is made.

[craigt3365]

Let's try this over in the real estate forum.

Topic Moved.

[farang000999]

5000 baht seems cheap for asoke area.

[Beetlejuice]

I doubt if the owner is trying to scam you.

This is Thailand where everything is always a tomorrow job and where plans and promises can change by the hour.

As some posters have already mentioned, don`t worry about it, consider your rental on a monthly basis and providing you pay your rent and bills on time and are a model tenant, meaning no wild parties every weekend, don`t have in noisy friends every night and causing disturbances to the other tenants and treat the property with respect, than I see no reasons why the owner would ask you to leave.

If in the future the owner tries to increase your rent or bills, than you have the option of either paying the increases if you believe they are acceptable or moving out and considering, a lease could be more of a burden to you than of benefit.

[johndeuf]

Maybe this can help: http://slice-of-thai.com/rental/#download

it is a bilingual English-Thai lease agreement that maybe you can use with your landlord.

Hope this helps.

[Display]

She probably can't write English and doesn't know anyone that can write it. If you have a Thai lease, go to someplace and get it translated. Then you can use this

Contract in English seems to be the hold up.

[chrisinth]

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She probably can't write English and doesn't know anyone that can write it. If you have a Thai lease, go to someplace and get it translated. Then you can use this

Contract in English seems to be the hold up.

Yep, if the OP wants piece of mind, take the Thai contract and get it translated, couple of hundred baht.

[casualbiker]

Any English only lease is not legal. It would have to be Thai and English, with the Thai taking precedent!

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[Grindting]

5000 baht a month? Is this the guy that plans to make $40,000 last 20 years? No wonder he's in a panic

[BrooklynNY]

I am Thai and I disagree that is the Thai way for not providing a lease agreement. I rented a furnished room in Thong-Lor area two years ago and the landlord provided me two sets of the lease to sign on the day I moved in. I paid first month rent and one month deposit after signing the lease. I have read on a Thai forum and any one who rents a room, a condo or a house do ask for a lease.

A lease written in Thai would be acceptable and before you sign it, you have it translated in English. You make sure that you have your room locked with your own lock. She may try to get in and pry in your belongings when you are not home. You do not have to reply her anything that she asked you. You simply pretend that you do not understand and give an excuse that you have to go somewhere. In the meantime, you should start searching for a back up place to be ready to move out when the month is over and do not pay her for the next month unless she provide you the lease.

If you have any Thai friends at all who knows English well, and do bring him/her to the meeting to be as a witness and help you translate the lease if it is written in Thai. There should be two sets of the lease which you sign both and you keep one copy. If I were you, I would start searching for an alternative of a new place.

Good luck !!

Edited June 9, 2014 by BrooklynNY

[TechnikaIII]

I have been paying my rent monthly for four years, with no lease. Sometimes I am behind, sometimes in front. I take care of some maintenance issues, and the landlord fixes other things when I bring them to his attention. The whole family knows me. I feel totally at ease, and it seems they do also. If I am out of the country for extended periods, I will send money to the daughter's account, because she is more Internet savvy. Mum'n Dad get the money, and I can send messages via Facebook. It is all based on communication, trust and honour.

[SDM0712]

Any English only lease is not legal. It would have to be Thai and English, with the Thai taking precedent!

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If it's signed by all parties then an English lease is fine, however if either party wanted to challenge it in a Court it would have to be translated into Thai by a source recognised by the Court. Like many legal matters it's down to the Judge.

If we are dealing with an all Western tenancy we do an all English contract, but if a Thai is involved on either side we do a hybrid and since one language must take precedence it's Thai.

SDM

[stgrhe]

You made a few fundamental errors OP. This is how the procedure should have been:

1) Verification that the landlord actually owns the property. This is verified by the landlord showing the title deed in original;

2) If the title is confermed to be in order you agree and sign a lease / hire agreement;

3) If the lease / hire is for a maximum period of three years you just paid the deposit and move in; or

4) If the lease / hire is for a longer period of three years then the lease must be duly registered at the land office. For this either you or your representative ought to accompany the land lord to the land office. Once the lease is duly registered on the rear side of the title deed you pay the deposit, not before. Remember, in proper business one doesn't pay anything for nothing; and

5) You move in.

Also remember being ignorant is never an excuse. Therefore, if one is uncertain it allmost always pays to hire legal advice.

[glcdc]

Haha 5,500 a month..what is the purpose of a lease your deposit cannot be to.big of a payment just pay it then move in..or find somewhere else to move..consider yourself lucky you have a home and stop making problems.

[glcdc]

Haha 5,500 a month..what is the purpose of a lease your deposit cannot be to.big of a payment just pay it then move in..or find somewhere else to move..consider yourself lucky you have a home and stop making problems.

[ggt]

Everything you have described is typical...especially the "saying" you are going to get a lease...and it never materializing...

Be flexible...my experience is...the paper a lease is written on...is only valid...if the foreigner breaks the lease...not the Thai...they will ignore their on contracts...if it means costing them money...

Good Luck!

[RickyJB]

5000 a month?? cheap charlie.... where did you manage to find a place that cheap in Asoke. my ex works there but had to look further away for a half decent apartment--- nothing that cheap there...

[smokinfun]

Watch out!! They don't have to charge you government rate - your electric bill will probably be way more than your rent. That is how they 'sucker' you - I've had electric bills far surpass the rental rate. Get you in for 5000; then expect a 10,000 baht electric bill. Especially in that 'high-class' area.