All about the money...

[SoFarAndNear]

Hello,

 

I have a problem with the tenant in my house.

 

First of all my situation. Someone is renting my house for 5 months.

 

- My wife verbally agreed that they could pay monthly rental at the first of each month (because the tenant the would suits the salary income time of the tentant) even if the contract says at the 26th of each month. 

 

- Then second monthly payment was already due. I think it was the 3nd of the month and my wife called her about the rental payment. She said she can only pay at the 5th because she had some problems. It was already irritating for us. 

 

- Then the third payment was thew same. My wife called her, I think on the 2nd or 3rd. Tenant said she will pay on the 5th and in the future she will always pay on the 5th because she won't get her income before. What else could my wife do then saying "okay".

 

- Then the fourth payment. My wife tried to called at the 5th of the month but the tenants mobile phone number was offline. My wife called another neighbor in the house project and asked if they are in contact with the tenant in our house and having a phone number of them. Fortunately the neighbor had a phone number of the sister of the tenant, who is actually living in the house, as far as I understand. She said sorry and that she forgot us and she will pay in the next day. She did on the 6th.

 

- Now the fifth monthly payment should be done today (5th again). We waited until 1PM and still nothing. So my wife called again and asked for the money. The tenant said she is staying abroad and forgot it and will pay tomorrow. 

 

I was angry at my wife that she let herself be dealed so easy. And then I called the tenant myself. I was telling her that what she is doing unfair and she should know that normally according to the contract she have to pay on the 26th of every month and right now she is paying always 10 days later and my wife always have to call her. She started immediately to be loud and told me that she discussed everything with my wife already and questioned me why I called her. I told her that my wife has to call her every month and ask for the money and that this is not okay. She again told me that she discussed everything to my wife and that it is not her fault that I don't understand it. Then she said she will take all things out of the house and move out. I told her that I paid much money for that house and why she doesn't at least inform us if she will pay later. Just give us a call. Then she told me that she is a busy woman and have no time to always think about it. She is abroad right now. I told her that I don't care if she is busy she has to pay for the house or inform us at least. If she is to busy she can send an e-mail. Take no longer then 30 seconds. Then shouted in the phone that she explained my wife everything already and that the she will move out and closed the call... About 20 minutes later she called my wife and told her that she wants to leave the house tomorrow. She liked the house but I was swearing at her. This was absolutely nonsense. Of course I asked her things which were uncomfortable she started to raise her voice and I was just responding. She was more like, why I am calling her if she explained everything to my wife already. So shouting at my because I want answers if she will do that now forever. 

 

Around 4 hours later she called my wife again and said that she will pay tomorrow but already passed over the rental agreement to her lawyer and threatened my wife that she will sue her for breaking of rental agreements. And she will not talk with her anymore. Her lawyer will contact her. 

 

So my question is what happens now? Someone here was in a similar situation? Me and my wife never told her to move out. She is going crazy now... I dont know what will happen?!

 

 

Just a side info: When we met first time at the house for rental agreement, she was talking with my wife how she can help thai woman who divorce farang how to get away as much as possible and her husband is a policemen and can manage things, etc... actually I didn't like that woman from the beginning. Talked about foreigner like idiots. 

Edited August 5, 2014 by SoFarAndNear

[benalibina]

What happens now ?

Her lawyer will contact your wife.

[SoFarAndNear]

Ok probably :) I mean is this normally with thai tenants? Have rented to foreigners only before. Never been in that situation.

[benalibina]

Ok probably :) I mean is this normally with thai tenants? Have rented to foreigners only before. Never been in that situation.

Your wife called many times and after that payment has been effected. The last time she called again and the tennant promised to pay the day after. You decided to get your big nose in without waiting for the next day to see if rentpayment was received on your bankaccount. Why ? U knew she was abroad. IMO you have dealt with it the wrong way. You caused loss of face probably for the tennant. Tennant has no selfreflection and doesnt know the shades of grey....on time payment of the rent and your anger about it constantly. Let your missus deal with it. You stay out better.

[smokie36]

Jai yen.....

[David48]

Jai yen.....

 

I always get Jai yen yen ... I must be more hot headed ... 
 

[wow64]

Keep your nose out of it... seriously this is a nice lesson for you.

 

Your wife had already dealt with it.

[isawasnake]

Open the place while she's away, toss all her stuff, change the locks and call it even. 

[isawasnake]

His wife had not dealt with anything. The woman was paying late every month. I think it is good he contacted her. I personally feel in this situation you just need to be forceful yet stay professional.... let people know you will not be messed with, and they usually wont mess with you. The wife was not doing this imo. This may be a case of this woman being arrogant and out of control. 

 

At this point, despite my stellar advice above, I would just pretend like the rental agreement is in full force, and expect payment on the contractual date every month. Just act like that phone call never took place pretty much. Get proof when all her payments come in so she knows you are ready to battle her (even if you aren't). Don't act afraid of a lawsuit that is BS, just smirk if she mentions it and say go ahead. If she's late do exactly as much as you can contractually, no more no less. If you can't do anything that was a mistake with the contract. If she moves out and sues just tell the judge she's a crazy, irrational late payer woman. 

Edited August 5, 2014 by isawasnake

[Beetlejuice]

1. Firstly, is the OP Thai or a foreigner?

 

2. If a foreigner, was the said house bought legally strictly pertaining to Thai law? Meaning, can the OP prove that the house was bought solely with his wife`s money?

 

3. Next, does the OP if he is not Thai, have permission and a work permit for running a property renting business? And is the renting business registered as a trading business, including tax and company records registration?

 

If no to questions 2 and 3 above, than the tenant is quite right, she only wants to deal with the OP`s wife as the OP has no jurisdiction over the tenants whatsoever and if this matter does go to court the OP maybe facing some major problems ahead. This is why in the past I have said many times here on Thai visa to always abide by Thai laws and always conduct one`s business strictly by the book.

 

What actions the OP decides to take next must be at his own risk and discretion. Good luck to all who sail in her..

[mesquite]

Please report back what happens, OP.

[sundrenched]

One of the reasons I never want to own property as an investment. Get a lawyer of your own. Consider the advice to throw her stuff out and change the locks as she may steal or damage the place.

[Thaiberius]

Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.

[Seastallion]

I don't understand what the basis of her getting a lawyer is.

Stick to your guns, OP. You are in the legal right, but not so sure if you are in the "way to behave in Thailand" rights.....but even then, you probably are.

[benalibina]

Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.

Utter nonense.

[AYJAYDEE]

Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.

where do you get these amusing little nuggets?

[Thaiberius]

Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.

Utter nonense.

With respect, just for a start how many farang guys have been rolled with a house, bar, business, car, motorbike. It's almost the norm. I respect your right to an opinion but the evidence is just staring you in the face.

[AYJAYDEE]

 

 

Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.

Utter nonense.

 

With respect, just for a start how many farang guys have been rolled with a house, bar, business, car, motorbike. It's almost the norm. I respect your right to an opinion but the evidence is just staring you in the face.

 

so provide your evidence

[Thaiberius]

Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.

Utter nonense.

With respect, just for a start how many farang guys have been rolled with a house, bar, business, car, motorbike. It's almost the norm. I respect your right to an opinion but the evidence is just staring you in the face.

so provide your evidence

Either you spend all day with your head in the sand or don't communicate verbally or even read discussion boards. I have literally hundreds of examples where guys have been done over. One typical example is an Aussie guy I know had a bar on one of the soi's on Sukhumvit, Bangkok. He went back to Oz for 2 or 3 weeks and when he returned the place was sold and cleared out. Just one example.

[benalibina]

Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.

Utter nonense.

With respect, just for a start how many farang guys have been rolled with a house, bar, business, car, motorbike. It's almost the norm. I respect your right to an opinion but the evidence is just staring you in the face.

What does your reply have to do with your nonsensical comment about never lending money to a thai etc ?

I dont dispute your above reply as an opinion of yours.

[Thaiberius]

Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.

Utter nonense.

With respect, just for a start how many farang guys have been rolled with a house, bar, business, car, motorbike. It's almost the norm. I respect your right to an opinion but the evidence is just staring you in the face.

What does your reply have to do with your nonsensical comment about never lending money to a thai etc ?

I dont dispute your above reply as an opinion of yours.

Would you lend money to a Thai? Not meaning a couple of hundred baht but a few grand?

[WhamBam]

Surely if you have a contract that states she has to pay on a certain date, her lawyer cannot do anything about that, except come to some arrangement with your wife. Let her threaten.

 

BUT, I also feel you should keep out of it with regards to phoning the tenant. Talk to your wife and let her deal with it. If your wishes are not adhered to, then it is your wife you should be talking to to be more forceful.

If you have been here long enough you should understand better how these things work.

 

Many a time I have had a situation defused or resolved by letting another Thai handle it. Not because I do not know how, but because Thai on Thai seems to work better.

 

 

[benalibina]

[quote name="Thaiberius" post="8204153" timestamp="1407278233"]

[quote name="benalibina" post="8204116" timestamp="1407276135"][quote name="Thaiberius" post="8204085" timestamp="1407274035"][quote name="benalibina" post="8204073" timestamp="1407273435"][quote name="Thaiberius" post="8204057" timestamp="1407272734"]
Never lend money or become involved in a monetary transaction if it involves regular payments with a Thai. You will get stuffed.[/quote]Utter nonense.[/quote]With respect, just for a start how many farang guys have been rolled with a house, bar, business, car, motorbike. It's almost the norm. I respect your right to an opinion but the evidence is just staring you in the face.[/quote]
What does your reply have to do with your nonsensical comment about never lending money to a thai etc ?

I dont dispute your above reply as an opinion of yours.[/quote]Would you lend money to a Thai? Not meaning a couple of hundred baht but a few grand?[/quote]

Lended once 5 k to a bargirl in 2005. Got it back 4 months later.

[Cuddlycat]

I am Thai and had work in Tourism Industry in the past. I have more foreigners close friends and I did not compromise in the past.

 

From my point of view, Thais do not have "confrontation" My husband just read some article and told me about we just say "Mai bhen rai" just to get by. Even there is something.

 

I do not know much about the law. Did you consult any lawyer before you start to let people rent your house? If the house is in your wife name perhaps you should hire a lawyer and see what you can do as the tenant did not act regards to the contract. IT might be better to get yourself a lawyer and get a new tenant. This tenant will not change. You and your wife are landlord and she has no excuse to say that she already talk to your wife. 

 

Do you communicate with your tenant in Thai?

[maccaroni man]

Typically a rental agreement covers all these issues such as late payment fees. Notice of cancellation security deposits utilities etc... My question; did you get the 5th month rent?

[meatboy]

it will be interesting when he replies to post 10.

[Thaiberius]

so provide your evidence

Either you spend all day with your head in the sand or don't communicate verbally or even read discussion boards. I have literally hundreds of examples where guys have been done over. One typical example is an Aussie guy I know had a bar on one of the soi's on Sukhumvit, Bangkok. He went back to Oz for 2 or 3 weeks and when he returned the place was sold and cleared out. Just one example.

name? address? phone #?

You will know the place.

[Seastallion]

 

 

 

 

With respect, just for a start how many farang guys have been rolled with a house, bar, business, car, motorbike. It's almost the norm. I respect your right to an opinion but the evidence is just staring you in the face.

 

What does your reply have to do with your nonsensical comment about never lending money to a thai etc ?

I dont dispute your above reply as an opinion of yours.

 

Would you lend money to a Thai? Not meaning a couple of hundred baht but a few grand?

 

Yep...60 000 and I nice little passive income earner it is too. 

[robblok]

I am Thai and had work in Tourism Industry in the past. I have more foreigners close friends and I did not compromise in the past.

 

From my point of view, Thais do not have "confrontation" My husband just read some article and told me about we just say "Mai bhen rai" just to get by. Even there is something.

 

I do not know much about the law. Did you consult any lawyer before you start to let people rent your house? If the house is in your wife name perhaps you should hire a lawyer and see what you can do as the tenant did not act regards to the contract. IT might be better to get yourself a lawyer and get a new tenant. This tenant will not change. You and your wife are landlord and she has no excuse to say that she already talk to your wife. 

 

Do you communicate with your tenant in Thai?

I think Thai have plenty of confrontation the recent political problems have shown us that. Though in general Thais are less confrontational. Part of my reason to speak Thai was to confront them when services were really sub standard because the GF never ever wanted to confront. Though I have had other Thai GF's who had no problem confronting people if we did not get what we paid for.

 

I just don't accept everything and will confront when I feel I am right. I now just leave or start eating alone when people are half hour late for diner appointments.. and guess what people are not late anymore. If you let people push you around all the time you will only get more frustrated (if such things bother you)

[daveAustin]

Ok probably :) I mean is this normally with thai tenants? Have rented to foreigners only before. Never been in that situation.

Your wife called many times and after that payment has been effected. The last time she called again and the tennant promised to pay the day after. You decided to get your big nose in without waiting for the next day to see if rentpayment was received on your bankaccount. Why ?

Why should they have to keep chasing the rent and why do you people bend over so easily? Gutless!

Perhaps guy shouldn't have called, but the tenant is clearly taking the piss and disrespecting them. Screw loss of face where income is concerned. Try doing the same to a Thai landlord and see how you fair regards them worrying about your face.

Op, her lawyer can do nothing as long as she has signed a contract stating time of payment. She is just upset because you made her lose a smidgen baby face. Have your wife write a letter to move out through breach of contract. If she won't, get a lawyer of your own to issue a writ. Edited August 6, 2014 by daveAustin