Landlord from hell - urgent!

[bkk7]

First the facts:

1) 1 year signed contract officially ended at the end of February

2) LINE agreement (our conversation via LINE messenger) to extend by 1 month ended at the end of March

3) LINE agreement to extend until the end of this month happened a few days ago (reluctantly)

4) The contract specifies about the deposit:

A) the Lesee agrees to pay the deposit as security for any damage to the premises caused by the gross negligence or willful misconduct of the Lesee during the term

the security deposit shall be returned to the Lessee within 45 days after the expiration of the agreement if not applied toward payment of damages suffered by the Lessor due to the negligence or misconduct of the Lessee

5) "water filtration system" is listed under "room equipment and furniture" along with the refrigerator, sofa and TV

Situation:

6 months ago, I woke up in the middle of the night. I walked to the refrigerator and noticed water on the floor. It turned out the water filter was leaking. The sink has 2 taps, 1 for the regular water, 1 for the drinking water that comes from the filter. Being responsible, I turned off the main valve for all of the water so I had no water coming from my sink at all. I then put towels on the floor and tried to mop up. Of course, I only have a limited amount of towels to clean up water that had been leaking when I was asleep. Nevertheless, I did my best and sent a message to my landlord to let her know what happened. She did not send the pa ban (maintenance chief for the building) to come over right away and she did not come right away herself. In fact, the maintenance staff came over after 2 days to look at the filter and she came over after a week. I had no water for 2 weeks because she didn't have it replaced for 2 weeks. When she came over, I pointed out to her and her boyfriend that water had leaked on the floor (which is pergo/fake wood) and there was still water under it. I said I didn't know what else to do and tried to show them. She was dismissive and just said 'let's see what happens' when I asked what should be done as if it was not a worry. To me, however, it is a worry because I take care of every place I live and the floor was becoming uncomfortable. In the end, the pergo boards warped a bit. Not so much that you will notice if you are wearing shoes, but if you are barefoot and I told you, you would notice.

Fast forward to moving out time. I planned to move out on March 1, but my next place fell through. So I asked to stay a month. She agreed. At the end of March I asked to stay one more month, but she was less interested. She wanted me to sign a new contract, but I didn't want to sign a new long term contract because the place is not that great of a deal and she was hard to deal with in several situations. So I again said I had no other place to go but I would be out as soon as possible. She seemed to be ok with this, but neither of us was super happy about it.

Then I asked about the deposit. She said she would check the room first. I then reminded her that the floor had nothing to do with me to which she replied (and implied that it did) 'I will get an estimate and then see'. We went back and forth where I said the floor has nothing to do with me. It was water that leaked from her filter. She said it was not my fault but it was my responsibility because I rent the room and "you can stop the damage". Then she started talking lawyers and said she would talk to her ex-husband. I tried to talk to her boyfriend about it and he said 'Sorry this is something you both have to solve yourselves. In your opinion the break doesnt have anything to do with a negligent use of it. In her opinion there was a negligent use. As I said, this is something you both have to work out.' In other word, it confirmed she says I negligently used the water filter, which is an item you only turn on when you want drinking water. It is under the sink and started leaking spontaneously when I was asleep. I tried to clean it up and told her right away when there was a problem.

Now, I am late to pay for this month and she sent a 'warning' letter 2 days ago saying that I must pay by the 8th (tomorrow). I don't have money for it because I have not been paid yet myself. Even if I did have the money, our agreement is up, so I am reluctant at best to give her more of my money as she positions herself to steal my deposit.

She also admitted to having problems paying back a loan (possible motivation?) and her LINE status currently says "don't START because I wont let it END" which is intimidating to say the least. She seems bent on lawyers and wasting money over something that is not my fault.

In the end, what can I do? Can she throw me out right away? When is she required to return my deposit? Is there any way she can take my deposit money? Is there anything I can do to stay in the condo until the end of the money and make sure she doesn't steal my deposit because of her ridiculous accusation?

[konying]

First come down and stop ranting like a little girl.

Legally she can not throw you out with warning letters, locking you out is illegal.

Secondly ask her if she has paid tax for rental income , rest assured it will wake her up.

Thirdly call Consumer protection board and ask for their help, just do not rant like now. State facts in point form.

Good luck

[FritsSikkink]

You haven't paid your rent, so she can boot you out. It isn't her problem you haven't been paid yet. The deposit has nothing to do with paying your rent.

If she doesn't give your deposit back and you don't agree you have to go to court.

[FritsSikkink]

First come down and stop ranting like a little girl.

Legally she can not throw you out with warning letters, locking you out is illegal.

Secondly ask her if she has paid tax for rental income , rest assured it will wake her up.

Thirdly call Consumer protection board and ask for their help, just do not rant like now. State facts in point form.

Good luck

He didn't pay the rent, so she CAN throw him out.

[FritsSikkink]

As you didn't pay rent, please change the title to " the tenant from hell"

[konying]

First come down and stop ranting like a little girl.

Legally she can not throw you out with warning letters, locking you out is illegal.

Secondly ask her if she has paid tax for rental income , rest assured it will wake her up.

Thirdly call Consumer protection board and ask for their help, just do not rant like now. State facts in point form.

Good luck

He didn't pay the rent, so she CAN throw him out.

No. There is a deposit which he has not lived out yet.

Only court order can legally throw him out at this stage.

[colinneil]

Stop behaving like a big girl.

If you are having problems about the deposit, wait until you are ready to leave.

Sit down like an adult dicuss the problem rationaly, if it cannot be sorted, get a lawyer.

I w ant to go !! no i want to stay again and again, and you expect the landlord just to go along!!

Hello you sound like a bloody prima doner (mummies boy).

You are the one in the wrong, sort it.

[fey]

if she is getting an estimate figure she wants you to pay.

if you used and agent i would have asked them to negotiate a lease break with deposit return if not fixed rather then waiting it out. i always prefer using an agent gives some protection for foreigners esp in asia with deposits. you can complain online so they have some incentive for good business. its worth the extra they may charge imo.

if your on your own not much you can do. every day you stay you make that much money. but get the valuables out like laptops, phones etc out to maybe a cheap storage unit so she cant take and resell. you can always jump the wall and get into a cheap hotel while you look for another place if you need to. i dont believe you will be arrested or strong armed for staying for now, you make the call.

[benalibina]

As you didn't pay rent, please change the title to " the tenant from hell"

It seems that empathy is something lacking in your personality.

The guy writes down, emotionally but factual, a story of what has happened to him. Which we have to take at facevalue. In my opinion the topic title is slightly misleading by reading the story but he certainly has some justified worries. So give him a break. It seems that you only have had positive experiences dealing with landlords. Good on ya, but obviously not everybody is as fortunate, or wise, as you.

[FritsSikkink]

First come down and stop ranting like a little girl.

Legally she can not throw you out with warning letters, locking you out is illegal.

Secondly ask her if she has paid tax for rental income , rest assured it will wake her up.

Thirdly call Consumer protection board and ask for their help, just do not rant like now. State facts in point form.

Good luck

He didn't pay the rent, so she CAN throw him out.

No. There is a deposit which he has not lived out yet.

Only court order can legally throw him out at this stage.

The deposit is there to safeguard against damages, not for rent. Rent is still due.

[FritsSikkink]

As you didn't pay rent, please change the title to " the tenant from hell"

It seems that empathy is something lacking in your personality.

Maybe my empathy is with the landlord.

[konying]

First come down and stop ranting like a little girl.

Legally she can not throw you out with warning letters, locking you out is illegal.

Secondly ask her if she has paid tax for rental income , rest assured it will wake her up.

Thirdly call Consumer protection board and ask for their help, just do not rant like now. State facts in point form.

Good luck

He didn't pay the rent, so she CAN throw him out.

No. There is a deposit which he has not lived out yet.

Only court order can legally throw him out at this stage.

The deposit is there to safeguard against damages, not for rent. Rent is still due.

Incorrect again. Rent due is not in dispute.

[fey]

As you didn't pay rent, please change the title to " the tenant from hell"

It seems that empathy is something lacking in your personality.

Maybe my empathy is with the landlord.

why would it be?

this guy reported a leak, she did not fix it and now wants him to pay for the floor (does not tske responsibility when asked). thats not a fair situation.

in fact, if the place is not livable (no water) he should not have to pay the rent.

[bkk7]

The contract specifies the rent should be paid at the beginning of the month. It does NOT specify a date. So, one could argue it is 8 days late. But this is not MONTHS of unpaid rent.

Second, most people here would probably worry if your landlord tried to blame something on you in order to take your deposit. I have taken FANTASTIC (and you'll have to take my word for it) care of my condo. She has been stingy for everything. She didn't even want to replace the water filter, which was one of the reasons I rented her place to begin with. She wanted me to pay for someone to look at the air conditioner when it was dripping water. She wanted me to pay for the toilet to be fixed when it was leaking. This is a pattern with her.

So, most people would be pretty worried that their landlord is positioning themselves to screw you out of 60k baht.

I HAVE tried to reason with her. She said directly to me (and her boyfriend confirmed it) that she says I had negligent use of a water filter. Seriously. A water filter, which is a fixed piece of equipment under the sink, is not something you can use negligently. I have text messages to prove that I messaged her right away. HOWEVER, I don't want to spend money on attorneys and go through a prolonged battle when I didn't do anything wrong. I don't have 60k baht to throw away much less pay legal fees up front!

I'm not trying to start a war by bringing the revenue department into her life. I don't want to ruin her. She also gets contracts from my office from another department, but I don't plan on making her life worse. I just want to know my rights so I am not thrown out and so she will have to return my deposit to me.

[benalibina]

As you didn't pay rent, please change the title to " the tenant from hell"

It seems that empathy is something lacking in your personality.

Maybe my empathy is with the landlord.

why would it be?

this guy reported a leak, she did not fix it and now wants him to pay for the floor (does not tske responsibility when asked). thats not a fair situation.

in fact, if the place is not livable (no water) he should not have to pay the rent.

Thanks for putting a.....mind correct. Some people on here....

[Cypress Hill]

Stop behaving like a big girl.

If you are having problems about the deposit, wait until you are ready to leave.

Sit down like an adult dicuss the problem rationaly, if it cannot be sorted, get a lawyer.

I w ant to go !! no i want to stay again and again, and you expect the landlord just to go along!!

Hello you sound like a bloody prima doner (mummies boy).

You are the one in the wrong, sort it.

How is he behaving like a big girl? How is he in the wrong? He had no water for 2 weeks because of a problem the landlord is responsible for.

Why not engage your brain before you run your mouth?

OP, ignore the self-righteous planks telling you that you're the problem; they probably hate the fact that you can afford to pay 30K a month in rent.

Expect some idiot to be along shortly questioning your visa status - sorry but that's what these people are like

To your problem:

Without a shadow of a doubt, your landlord knows she's taking the piss. This wouldn't be happening if you were Thai; she thinks she can get away with it because you're just a farang without connections so you MUST be prepared to play for keeps.

Gather evidence of the rent payments you've made over the term of the tenancy and threaten to bring the revenue service into her life.

Conciliatory dialogue SHOULD follow

[ukrules]

You're being screwed out of your deposit, you will never see that money again.

You clearly can't afford to waste money on lawyers to argue a matter of principle.

[slightlychilled]

Stop behaving like a big girl.

If you are having problems about the deposit, wait until you are ready to leave.

Sit down like an adult dicuss the problem rationaly, if it cannot be sorted, get a lawyer.

I w ant to go !! no i want to stay again and again, and you expect the landlord just to go along!!

Hello you sound like a bloody prima doner (mummies boy).

You are the one in the wrong, sort it.

How is he behaving like a big girl? How is he in the wrong? He had no water for 2 weeks because of a problem the landlord is responsible for.

Why not engage your brain before you run your mouth?

OP, ignore the self-righteous planks telling you that you're the problem; they probably hate the fact that you can afford to pay 30K a month in rent.

Expect some idiot to be along shortly questioning your visa status - sorry but that's what these people are like

To your problem:

Without a shadow of a doubt, your landlord knows she's taking the piss. This wouldn't be happening if you were Thai; she thinks she can get away with it because you're just a farang without connections so you MUST be prepared to play for keeps.

Gather evidence of the rent payments you've made over the term of the tenancy and threaten to bring the revenue service into her life.

Conciliatory dialogue SHOULD follow

Totally agree with Cypress Hill. OP is not in the wrong here, he's paid his rent up till now and is due customer service.

I'd like to know if her boyfriend is Thai or is he one of the self-righteous farang planks also under her thumb ? The boyfriend, according to the report, appears to have a voice of sorts or is it weak and can only be heard when she is out of earshot ? Is there no possibility of reasoning with him ?

[cornishcarlos]

I'm with the OP on this one, however, I would have just replaced the filter or at least fixed the leak rather than be without water for 2 weeks.

Change the locks buddy and hole up till the end of the month, then do one

[n210mp]

An old acquaintance had the same problem as you are having with basically a landlord who was a "thief"

The difference being that this chap was in the condo for maybe three years and had spent a lot of his own money on replacing furniture, painting and generally making the place more valuable.

Well he gave his notice and the landlord refuse to give him any part of his deposit back at all .

My friend tried smiling without any show of anger in trying to get his money but being a realist and knowing that without spending a great deal more money than he was losing he wouldn't be able to get a dime back.

He basically left the place with a lot of natural wear and tear if you get my drift, his opinion was that if there was going to be any legal action then it is right and proper that the landlord should instigate it, of course his deposit would cover any "wear and tear" wouldn't it and if there was more wear and tear then the deposit ,then so what ,let the landlord take him to court.

Edited April 8, 2015 by n210mp

[jamesjohnsonthird]

Similar situation in the USA, but the landlord was American and the tenant was 2 Thais.

The Thais phoned me for assistance when the landlord tried screwing them out of the deposit.

I explained to this prick landlord, I will advise the Thais to stay put, not pay rent and force him into a 6 month legal eviction case.

Stay in the room free I told the Thais. He can't do a thing about it.

He returned the deposit.

Know your rights.

Edited April 8, 2015 by jamesjohnsonthird

[steven100]

The rent is a separate issue. You are contracted to pay xxx baht every month, should you fail to pay as per the lease agreement then the landlord has every right to exercise legal action to recover the said amount.

The water filter problem .... I believe you left the problem of having no water go on for too long .... 2 weeks without water which only made the situation worse. You should have been pestering her hourly to get you water. That would have put the blame back on her and assisted in her accepting guilt and responsibility for the water supply and leak.

There's a saying ' If you don't do something about a problem it could get worse ' well it did get worse.

As for the deposit ... I believe the first approach is to meet with her and discuss it rationally , she may try to place all the blame on you so you need to take some control and force half back onto her .... so if she tries to keep all your deposit you need to come to the party and say your prepared to agree to meet her half way ... in she pays half and you pay half. Remember, half is better than nothing at all. right ?

But also, you need to know why she will keep your deposit ... is it to fix the floor ? what is the required ? do the maths ...

Which ever way you look at it here, you are not going to win ... but you can come out with better than loosing all.

If she is not privy to the meeting half way then I would calculate the rent amount due, vacate at the end of the month and she will be less one months rent which the security deposit will cover.

Your options are limited ....

Edited April 8, 2015 by steven100

[jacko45k]

Despite not paying rent you also seem to be unwilling to sign another contract, and expect her to tolerate you there without a signed and valid agreement.

She has 45days to return the deposit from the end of the contract but she may well feel that period does not start until you get out.

Getting deposits back here can be difficult, but your money problems are not hers.

[jamesjohnsonthird]

Drop a few fresh fish in the space above the ceiling tiles on the way out.

[ggt]

Pay the woman what you owe her...be prepared to forfeit your deposit...very common in Thai rentals...and get the hell out of there before you get bogged down in court proceedings and a gang of Thai thugs drop by to see you...

[konying]

Despite not paying rent you also seem to be unwilling to sign another contract, and expect her to tolerate you there without a signed and valid agreement.

She has 45days to return the deposit from the end of the contract but she may well feel that period does not start until you get out.

Getting deposits back here can be difficult, but your money problems are not hers.

There is no rule, law or common practice to sign new contract after initial one is expired.

Once contract has expired it becomes month by month basis and 30 days notice required from both parties in case of vacating

[Pinot]

Trying to think if I ever got my deposit back from a rental here...nope.

[mcfish]

One good reason to own your own condo. The deposit thingy will ALWAYS be a possible problem here so moving out may just create more problems again with your new landlord

If it were me I would point blank tell her no moving out until deposit returned. If she threatens you or her boyfriend turns up at your door...go to the police station and file a report and give her a copy of it.

Best of luck your going to need it

[alex8912]

Despite not paying rent you also seem to be unwilling to sign another contract, and expect her to tolerate you there without a signed and valid agreement.

She has 45days to return the deposit from the end of the contract but she may well feel that period does not start until you get out.

Getting deposits back here can be difficult, but your money problems are not hers.

There is no rule, law or common practice to sign new contract after initial one is expired.

Once contract has expired it becomes month by month basis and 30 days notice required from both parties in case of vacating

But there is a rule in most normal countries but maybe not yours that the RENT has to be paid. It is also obvious that this landlord wants a yearly lease and she made a huge mistake by extending for 30 days TWO more times when she really did not want to. He also admits to having no money which makes people desperate and exaggerate any situation. No matter where you live on earth, If your landlord or living conditions are soooo bad you move. That's it. Leaving a dead fish like one moronic poster suggested or some other ridiculous thing in the apartment after just gives the owner 100% reason to keep entire deposit and in some cases he/ she can collect much more from you and often do. Keep that in mind. She can find your Company and boss rather easily it sounds. Edited April 8, 2015 by alex8912

[worgeordie]

She will have spent your deposit,and she knows you have little recourse

to try and claim it back,Lawyers more money into black hole,face the fact you are not

going to get the deposit back,So maybe contacting the revenue dept(not a nice thing

to do),but she is robbing you, the fish in the ceiling is also a good idea,maybe it will

learn her to look after her tenants better,45 days to return deposit is a bit too long.

regards Worgeordie