i found a way to stop rent deposit scams , need your'e help

[tomtom345]

hi , i sked a question in the "ask a lwyer" section in this forum . my question was:

Posted 2014-08-16 16:16:57

hi , i want to add in my rental contract that the last 2 months will be taken from the deposit instead of me paying the owner , since he might not return my deposit (it's very common).

what do i need to write in thai in the agreemnt? and can you give the english translation of it as well?

and the answer of the lawyer was :

Posted Yesterday, 06:39

You cannot simply write a clause stating that the last 2 months will be taken out of the deposit without changing the clause that mention the notification period to 2 months, so the deposit can be use rental payment. Also in most rental contract there are usually a clause that does not allow the deposit to be use as rental payment, so that clause will also need to be taken out, or it can be contradicting and the contract will be invalid.

so can any one here try and make these changes to the standart rental contract in "slice of thai" and make it available to all foreigners in thailand to download and use it.

i think all of us foreigners who live in thailand or plan to live in thailand should do this and be united about this issue , since rental deposit scams are very common all across thailand.

what do you guys think? i need your'e help cause i don't the program word or something similar in my pc so i can't do it myself.

[96tehtarp]

"since rental deposit scams are very common all across Thailand"

I didn't know they were that common. I don't know anyone who has ever been cheated out of a deposit in Thailand by a landlord, ever.

[simon43]

You can change the 'standard' rental contract however you wish, but it won't be accepted by the landlord....

[Brit_Doggie]

They are as common as day is light,you just won't change that way,i see many people being ripped off more so the short timers, with a promise of refund on the flight day only to see no sign of landlords until after client has departed.

Having said that some of my friends who rent say that their landords are not fortcoming with electrical replacements such as tv/fridges which the landlords say is not there responsibility so all in all they get the deposit in 1 form or both lol because who wants to carry a large fridge or tv to another room on maybe a different floor or building complex.

Edited August 18, 2014 by Brit_Doggie

[tomtom345]

well if no one want's to do it then the mods can lock this thread.

Edited August 19, 2014 by tomtom345

[veleron]

I believe to avoid being scam, sit down and go through the contract with the landlord, not just the agents. Both agree on the terms and if you are happy then sign. Usually the 2 months deposit is for any repair for the unit after the tenants left. Again you can let the land lord clarify and quantify clearly what is the items included in the repairs in the contracts before signing it. Landlord screens for tenants, I think tenants have the right to 'screen' for landlord as it is renters market now, just need to do some due diligence before committing.

[ldnguy]

I've always had 100% deposit back. Once I got it a few days before leaving the condo because that's the only time the owner could meet me. Another time the landlord come some back to pay the electricity and internet bills and then deposited to my bank account, even though I was out of the country for a few months. All Thai landlords I've had have been very fair. I also had one Chinese landlord who lived in China. I got the full deposit back from him as well. Also, I don't know anyone else at all that hasn't had their deposit back in full.

The deposit is there to cover any damage or unpaid bills, so why would a landlord agree to let you use it to pay the rent? I certainly don't let my tenants do that and none have asked.

I think some people on here are overly paranoid about these things

[theguyfromanotherforum]

Cry me a river.

U have to put rental deposit.

How much deposit do you have to put in your own country?

Even if it is one month the 2 month deposit covers the landlords inability to do any credit check on you.

So many negpats on this forum.

Please go.

[AusSi]

This is very common. We just not had our neighbours leave the building furious about them being charged 10k baht to repair some very light wear and tear on the coffee table and a scratch in the back of a cupboard door caused by a loose screw.

I understand that a lot of landlords here in Thailand are good people, but then you get places like our where the owner is clear as day taking advantage of the fact that it is occupied by foreigners.

Just for the record the Apartment is called "The Siri Condominium" and is on Soi 1 off Sirimankalajan Rd in Chiang mai. For this and a few other not immediately apparent reasons i would not recommend anyone move in there.

[georgegeorgia]

Yes..i just saw another post on the Thai Lawyer thread about a giy complaining his Landlord didnt give him back his deposit because of "wear and tear".

The Lawyer responded that general wear and tear should not be taken out of a depist,but yes it "bluffs" /tricks like this that make people concerned.

[claffey]

If you feel aggrieved consult a lawyer and take the landlord to court! If not, don't expect any sympathy here! Landlords have to protect themselves. I've heard many stories about foreigners leaving before the lease is up, damaging property before leaving etc.. Two months deposit is fair.If you stay in a moderate apartment the deposit may be only 12,000 baht.If you want luxury that's up to you but obviously the deposit will be more substantial. You should always write off deposits, in every country, and when you get them back it's a bonus. I've rented in 4 countries and never had a problem. But then, I never caused any difficulty for my landlords. My Thai landlords have been very good...

[mauroest]

here is my story http://www.thaivisa.com/forum/topic/812124-real-estate-disappeared-with-my-deposit/

[angy]

I think that renting from a landlord is safer then renting from an agent, I never had problem in Thailand but my daughter had problem to get back the deposit from an agent in England when she was a student from abroad.

When renting from an agent is better choose one that is referred as to be honest from someone you trust.

[blackcab]

Almost no landlord will accept such a proposed change to their rental contract. Deposits are a landlord's guarantee that the stranger they are renting a room to will not destroy their property and leave with unpaid bills.

The problem you have is not with the contract, it's with the landlord.

[Kannikapor88]

Cry me a river.

U have to put rental deposit.

How much deposit do you have to put in your own country?

Even if it is one month the 2 month deposit covers the landlords inability to do any credit check on you.

So many negpats on this forum.

Please go.

You wouldnt happen to be a landlord would you ... ?

Any Agency or owner cheat me they will regret it in the years coming ... hahaha

[dennis123]

The last time that I suspected I wouldn't get my deposit back due to the financial troubles of the landlord I simply didn't pay rent those last two months. Yeah sure she threatened to kick me out but nothing happened. Have to add that this was a specific situation where the lady was scared to enter that area as she borrowed money from a lot of Thai people there and the company she rented the property from also had a few things to discuss with her lol.