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Problem with house lord.


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Dear thaivisa members,

I would like to ask you for advice. What are you doing in situation when owner of house that you rented behave unfair?

We live in this house in suburbia of CM almost two years, and we like it. but owner is not taking any responsibility of repairing stuff that are not our duty to repair.

If pipe leaks or roof is broken....and similar sorts of things.

She is also treating to us that she will report us to police for breaking things if we dont pay.

What should we do?

Pay? i dont think so

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Laws vary from country to country, so I cannot say what it is like in Thailand.

But you could consider having the repairs made, paying for them, and then deducting from your rent payment the cost of said repairs. Keep receipts for all of the work that is done, and make copies of the receipts so that you can send them to the house-lord.

Anybody can call the police on you... whether anything comes out of it is a different story. If the police arrive, show them the receipts of the work you paid for, and tell them that it is the obligation of the house-lord to pay for them. Suggest to the police to tell the house-lord to consult a lawyer and take the case to court. I would recommend that you get your own lawyer too.

The other choices you could do are:

1. Stop paying rent

2. Move out.

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It depends on what's written in the lease agreement. If it states that the landlord is responsible for repairs, but failing in his or her duty to carry them out, then you have something to show to the police if she calls them.

But as mentioned on the following site, your position is pretty weak if she fails to keep her side of the bargain: http://www.globalpropertyguide.com/Asia/Thailand/Landlord-and-Tenant

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My guess is that it would be considered a civil matter and the police would not be interested as no laws broken apart from maybe contract law. The problem with this is sometimes people have police who are friends (real or cash based) who will show up to try and up the ante, but I think this has dropped off after the military takeover.

If the lease is about 2 pages of A4 and the signing area is at the bottom right of the second page it is probably a standard lease. I have a standard lease and the owner pays for repairs with no problems.

There was an ask a lawyer forum on here a while ago, may be worthwhile get some expert advise rather than opinions.

Cheers

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Laws vary from country to country, so I cannot say what it is like in Thailand.

But you could consider having the repairs made, paying for them, and then deducting from your rent payment the cost of said repairs. Keep receipts for all of the work that is done, and make copies of the receipts so that you can send them to the house-lord.

Anybody can call the police on you... whether anything comes out of it is a different story. If the police arrive, show them the receipts of the work you paid for, and tell them that it is the obligation of the house-lord to pay for them. Suggest to the police to tell the house-lord to consult a lawyer and take the case to court. I would recommend that you get your own lawyer too.

The other choices you could do are:

1. Stop paying rent

2. Move out.

Choice #2 [move out] makes the most sense.

Don't under any circumstances get involved in a court case.

Litigation in Thailand is almost always a no-win situation for farangs.

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1. Pay a local attorney 500 baht to write her a letter stating she has breached the contract by failing to perform, and you are leaving. Also that her unwarranted threats are keeping you from your legal right to peacefully enjoy the premises.

2. Take a copy to the highest ranking tourist police officer (senior sergeant-major) and explain things.

3. Have the cop at the house the day you move; take photos.

4. Move.

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well contract is in thai language...it is some kind of form...

We will move for sure..but her threat to put us in prison..how much that is realistic?

It's probably the standard off the shelf rental contract.

Get it translated, you should have before signing, but a least you will find out what is (and isn't) in the contract.

There was a high profile case a while back where a tenant was prevented from leaving the country whilst a court case proceeded but IIRC that was a totally gutted house.

You are not going to jail (no warranty is implied or inferred by that statement, we are in Thailand).

.

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Unlike the west it's normal here for the tenant to be responsible for the maintenance of the house. When leaving the house needs to be in the same condition as when first rented.

So, assuming this is what the contract says, the landlord's completely in the right.

Expect (at best) to have all the repair costs to be deducted from your deposit.

And don't try the "take the last month's rent from the deposit" thing. The contract probably says that the landlord is allowed if you fall behind with rent to put a big padlock on all the doors.

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Dear thaivisa members,

I would like to ask you for advice. What are you doing in situation when owner of house that you rented behave unfair?

We live in this house in suburbia of CM almost two years, and we like it. but owner is not taking any responsibility of repairing stuff that are not our duty to repair.

If pipe leaks or roof is broken....and similar sorts of things.

She is also treating to us that she will report us to police for breaking things if we dont pay.

What should we do?

Pay? i dont think so

Just move not is if it is the only home in thailand I would just move then the owner would have to get some one new and it would not be easy to get good tents like you and the you can tell the owner som nam nar

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We would really like to move,

Unfortunately finding a new house either detached house or townhouse... is a really hard job to do.

Non of real estate agents want to help, since we have dogs...only place where we can live is Thai style houses from 5500 to 7500 THB.

We used ddproperty website..but unfortunately nobody speaks english when we call.

I am referring to Chiang Mai.

Anyway, thank you very much for all replies and advices...you certainly help me to clarify things...

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We would really like to move,

Unfortunately finding a new house either detached house or townhouse... is a really hard job to do.

Non of real estate agents want to help, since we have dogs...only place where we can live is Thai style houses from 5500 to 7500 THB.

We used ddproperty website..but unfortunately nobody speaks english when we call.

I am referring to Chiang Mai.

Anyway, thank you very much for all replies and advices...you certainly help me to clarify things...

Not so hard to find a place that will allow pets with a good agent... I used Chiang Mai House and found a nice, quiet place that allows pets, with a reliable landlord in just a few days with these agents... They also speak English...

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We would really like to move,

Unfortunately finding a new house either detached house or townhouse... is a really hard job to do.

Non of real estate agents want to help, since we have dogs...only place where we can live is Thai style houses from 5500 to 7500 THB.

We used ddproperty website..but unfortunately nobody speaks english when we call.

I am referring to Chiang Mai.

Anyway, thank you very much for all replies and advices...you certainly help me to clarify things...

Not so hard to find a place that will allow pets with a good agent... I used Chiang Mai House and found a nice, quiet place that allows pets, with a reliable landlord in just a few days with these agents... They also speak English...

I contcted them...their minimum price for house is 12 000 THB which is a lot

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The laws regarding rental property's trump any other lease agreement.

ie, if the air con breaks down, NO you do not have to pay for respires, if it was used in accordance with normal use, if you broke say the remote then yes you must replace that, leaking roof no, pipes leaking no, it's all there written in law's and available in English also, but ant half decent lawyer will tell you that.

basic common laws of Thailand was available here on TV but think it's been removed?

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What does the contract state in Thai?...Lessen learned, go through an agent next time for peace of mind, you wont incur these problems.

I dont know..I will send you if you want.

Problem with real estate agents are that they dont bother with people that have budget between 5000-8000THB per month.

So finding detached house or town house is so difficult to do by yourself alone.

And all real estate agency firmly told us that dogs are NOT aloud in apartment or condominiums,

Maybe in Pattaya you have different rules but this is for Chiang Mai.... all real estate agents told me the same...and people that I contact on DDproperty.com

most of them dont speak english

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If she calls the police fine let her. When they show up tell the police that this is a civil matter as there is a contract. Tell them you would then like the tourist police to talk with your lawyer as you will file a counter claim against the house lord.

She lawyers up, you lawyer up. This will end up costing her a lot of money and take years. Odds are she will not file charges.

Also why would you want to live in a place or work with someone who is saying they will call the cops? You should really just move.

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You bee here for over 2 years (From you first post), So you must have some good Thai friends in your network of friends by now.

Ask 1 - 2 of them help you go house hunting, Go to the area you like to find a house to rent, look for the rent sign on the small road (Soi)

Get you Thai friend to call the number and setup a meeting to see the house.

Get you Thai friend to help on web search.

Have your Thai friends help read, explain the contract for you before sign it (If you don´t want to get it translate)

Take your Thai friend(s) that help you out for food, Maybe a beer, and they more then happy to have help you out.

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You bee here for over 2 years (From you first post), So you must have some good Thai friends in your network of friends by now.

Ask 1 - 2 of them help you go house hunting, Go to the area you like to find a house to rent, look for the rent sign on the small road (Soi)

Get you Thai friend to call the number and setup a meeting to see the house.

Get you Thai friend to help on web search.

Have your Thai friends help read, explain the contract for you before sign it (If you don´t want to get it translate)

Take your Thai friend(s) that help you out for food, Maybe a beer, and they more then happy to have help you out.

Dear JJ,

You have right..totally I agree with you good advice..

But we dont have any thai friends, I mean I have thai colleagues...they can help me by calling certain numbers...most of the time they dont have ( or maybe dont want) to help me in finding new home.

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If she calls the police fine let her. When they show up tell the police that this is a civil matter as there is a contract. Tell them you would then like the tourist police to talk with your lawyer as you will file a counter claim against the house lord.

She lawyers up, you lawyer up. This will end up costing her a lot of money and take years. Odds are she will not file charges.

Also why would you want to live in a place or work with someone who is saying they will call the cops? You should really just move.

Good advice man... thank you very much

I dont want to live anymore at that place-

Problem is that it is so hard to find new home in CM.. I dont know why but non of real estate agent want to help you..When you told them your monthly budget for accommodation is 8000 thb,,they just cut any contact with you.

Only way is to go around with thai guide and look for a house

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You've seemed to set artificial barriers to being successful, and you expect us to solve them for you: "I won't live anywhere else, I have pets, I don't speak Thai, I don't have friends, I can't afford another place, I signed a contract that I can't read..." You could give an aspirin a headache. Does the person with whom you live speak Thai, or has a friend that speaks Thai?

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If she calls the police fine let her. When they show up tell the police that this is a civil matter as there is a contract. Tell them you would then like the tourist police to talk with your lawyer as you will file a counter claim against the house lord.

She lawyers up, you lawyer up. This will end up costing her a lot of money and take years. Odds are she will not file charges.

Also why would you want to live in a place or work with someone who is saying they will call the cops? You should really just move.

Good advice man... thank you very much

I dont want to live anymore at that place-

Problem is that it is so hard to find new home in CM.. I dont know why but non of real estate agent want to help you..When you told them your monthly budget for accommodation is 8000 thb,,they just cut any contact with you.

Only way is to go around with thai guide and look for a house

8000 Baht? Seriously?? Real estate agents are typically interested in finding you a home, not a shoe box. Perhaps if you were in the market for a condo (or house) that cost around 20K Baht per month, then maybe they would entertain you.

Btw: 8000 Baht = US$250

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If she calls the police fine let her. When they show up tell the police that this is a civil matter as there is a contract. Tell them you would then like the tourist police to talk with your lawyer as you will file a counter claim against the house lord.

She lawyers up, you lawyer up. This will end up costing her a lot of money and take years. Odds are she will not file charges.

Also why would you want to live in a place or work with someone who is saying they will call the cops? You should really just move.

Good advice man... thank you very much

I dont want to live anymore at that place-

Problem is that it is so hard to find new home in CM.. I dont know why but non of real estate agent want to help you..When you told them your monthly budget for accommodation is 8000 thb,,they just cut any contact with you.

Only way is to go around with thai guide and look for a house

8000 Baht? Seriously?? Real estate agents are typically interested in finding you a home, not a shoe box. Perhaps if you were in the market for a condo (or house) that cost around 20K Baht per month, then maybe they would entertain you.

Btw: 8000 Baht = US$250

I dont understand your attacks... We rented perfectly big townhouse, for 6000 THB...much more bigger then any condo. and with garden for our dog.

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You've seemed to set artificial barriers to being successful, and you expect us to solve them for you: "I won't live anywhere else, I have pets, I don't speak Thai, I don't have friends, I can't afford another place, I signed a contract that I can't read..." You could give an aspirin a headache. Does the person with whom you live speak Thai, or has a friend that speaks Thai?

I asked you for advice... I didnt expect from you to solve my problem.

This is true. I cannot live anywhere else except in townhouse ( detached maybe ). Condominiums dont aloud pets ( big one )

I dont have thai friends, I have thai colleagues....My spouse is foreigner also. we dont have thai friends...only acquaintances. Which we ask for help of course.

Even my boss offered to help me, but I dont trust them that anything will be from it.

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