Landlord from hell - urgent!

[ToddinChonburi]

Why would you stay one day past your lease if you think you have a bad landlord ? This is why they invented camera's, to take pictures. You should have some nice pictures to show land lord and Lawyer.

[arrowsdawdle]

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

She is required to report foreigner occupancies and probably doesn't if the building is filled with locals, so ask her point blank has she reported your occupancy to the government, and you might want to ask her for your VAT refund form for monies paid. Then again, escalating a war with her should not be begun unless you are prepared not to just get even, but to get ahead. But the best advice for you is what Dad always said, "Remember to choose your fights wisely because being right is no guarantee you'll win."

[StefanBBK]

I think rent and deposit are two separate issues. No doubt she would be wrong not paying your deposit back 45 days after you moved out.

Same as you are in the wrong not paying your rent on time.

Two wrongs don't make a right.

First settle your rent, then take care of the deposit. Options are consumer protection agency etc.

[zoza]

whatever happens you are better of paying your rent as the fact you are staying

there is not in dispute, if you go against a thai you are unlikely to win financially

but if you have a thai girlfriend/wife/friend and they are willing to represent you

they have a consumers protection unit, it used to be (deposit 1166) but that number

might of changed, look it up and get a tha national to complain as your representative.

I always give my wife any deposit so it gives her a bit of fire in her belly whenever

we get involved in Thailand's national sport.

best of luck zoza.

[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

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.

Considering that you do not know where I come from, do not make a fool out of yourself making stupid statements.

If landlord wants yearly contract , landlord can issue 30 days notice to vacate and find a new tenant.

It helps to know a little and have some common sense ability before posting utter rubbish

[emilymat]

It sounds a tragic story with no clear ending The OP states he cannot afford to lose 60,000 - which I understand. But, as another poster points out, she is unlikely to have the original 60,000 and may, herself, be living day to day. So, a big stand-off, which she hopes will simply grind the guy down would be better.

I know some posters recommend sitting down and having a 'civilised' chat, but unless you are really fluent in Thai (or her in English) this can be very difficult to do.

I think I agree with the poster who suggests trying to reach an agreement for part payment as there are clearly faults - however minor - on both sides.

For balance, I have a Thai landlady and she is superb. Even the slightest problem (if I can't fix it) will be dealt with quickly. Also, my previous landlady was equally as good and my deposit returned on the day I left.

I hope the guy can sort it quickly. You don't need this hassle. Good luck, honestly.

[ThaiItAgain]

Question:

How much is the deposit?

How far behind are you in the rent?

Is the lease contract that was signed in Thai or English, if Thai, go get it translated; clearly understand your position and her position.

Do you know and understand what the obligations are of you the tenant the landlord?

Have you considered involving a solicitor in this matter, (that is provided that the legal costs don't outstrip the value of the deposit?)

Now!

The deposit in this case seems to be being treated as a bond, which is the right of the landlord to apply. A true deposit is paid generally to secure the premises from other potential/prospective tenants or to safe guard the landlord from you doing a midnight move or defaulting in your rental payments. --- In this case, you have got 2 issues, you are behind in your rent and you have a situation of damage dispute. Whose fault it is that the damage occurred is the issue? If a true bond was involved, all costs of repair or replacements would be taken from the bond once the fault of the damage has been established. ----- getting to the bottom of the blame or acceptance of responsibility for the damage usually can't be agreed until a solicitor gets involved...sorry!

​ the fact is that you have no true bond to worry about, if you have not paid any rent for some time , if the outstanding rent payment is close to the value of the bond/deposit; then the least expensive way for you is to "write it off" and turn the page,if you don’t like that idea; got down the road of the expense of the solicitor and put it down to a "battle won perhaps “”for you and a "face losing exercise" for the landlord.

regards “ its now up to you"

Thaiitagain

[jackanapes]

under the terms of the agreement you are liable for any damage caused to the property on vacating the property the amount is deducted from your deposit my advice is to get out of there asap

[NickJ]

You will never get your deposit back. It will turn into a Game of Face the moment you threaten her with mentioning to her you will report her to the govt for not payong taxes on her lease.

Maybe , six months ago when this happened you could have witheld paying your rent and had her sign a paper saying the filter mishap wasnt your fault.......to late.

[natway09]

ggt, couldn't agree more. Legally, your rent is overdue so you have forteited your rights in that direction.

As to deposit back, try, try, try, but do not hold your breath, you may get some back.

Get outa there at your first opportunity, before you have a heart attack & put it down to experience.

You will laugh about it next year

[pigeonjake]

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.

at last some one with sence,

she wont pay the deposit back untill you have been gone for 45 days, that is what you said in your original post, thats whats in your contract,

she you landlord let you stay on when your other place fell through, NOT ONCE BUT TWICE, and your saying she is a landlord from hell,

what would you of dont if she had another tennent waiting to move in>? and you say ive got nowere to go,,lol,

[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.

Considering that you do not know where I come from, do not make a fool out of yourself making stupid statements.

If landlord wants yearly contract , landlord can issue 30 days notice to vacate and find a new tenant.

It helps to know a little and have some common sense ability before posting utter rubbish

Common sense says his rent is overdue and the land lord wanted another one year lease but was too nice and extended him 30 days twice big mistake.

[Monkeyrobot]

The fact is pay your rent the get a lawyer to call her and explain in Thai , she will soon back down. If that does not work when you move out get the curtain rods that are hollow inside and fill them with shimp heads they will not work out where the smell is coming from for months if not years, my ex wife did that to me when she left.

[NanLaew]

The OP probably has a signed paper contract for the agreed 1-year tenancy. If that document doesn't reference extensions and specifically short-term extensions agreed over social media, then what's the point here?

The time to voice concerns over subsequent damage from the water leak was at that time. It was also the time to clarify how the obvious subsequent damage would impact the handling of deposits made under the agreed contract. The OP claims that the landlady panned him on this. Maybe the OP had some money back then and could have retained a lawyer to make the landlord aware of her contractual obligations. Now is way too late. The fact is the OP cajoled two, short-term extensions and stayed in the property fully aware that there was an unresolved, potential property damage issue. More fool him.

The 2-month extension is just confusing the issue.

The OP needs to find new digs, even a temporary one, vacate this place ASAP and completely forget about any recourse for the deposit.

Edited April 8, 2015 by NanLaew

[samuibeachcomber]

The original problem(water filter leaking) was not sorted out soon enough.

You paid too much deposit(should be the same as 1 month rent.

You should have given 1 month notice to quit and paid the 1 month rent.

At time of leaving deposit should be given back less wear and tear.

But she has already spent your deposit and wont give it back(just my opinion)

So you've lost 60,000 baht.You could stay 1-2 months and not pay rent,but thais can turn nasty and violent and i'm sure you dont want that.You are being scammed out of your deposit and its an expensive lesson.

[CharlieH]

Happens time and again, in my opinion "any" deposit should be written off over the period of rental agreement. If you do get something back, then its a bonus.

They invariably end in dispute, and the emotional worry/stress and potential for threat/injury and further expense is just not worth it. Life is too short.

Live and learn from it, move on.

[manly100]

Yep, forget the deposit. Move on.

[h90]

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

fourth don't discuss such things on line....

[bkk7]

He also admits to having no money which makes people desperate and exaggerate any situation. .

Keep that in mind. She can find your Company and boss rather easily it sounds.

1) she is the one with money problems. she admitted in our last conversation that she is desperate because of loans. i don't have money problems. i just get paid in the middle of each month, so paying by today just is not possible, if i were to pay.

2) she knows my company because i (or my colleagues) give her contracts. she also openly trash talks her own boss to me (or did, via FB and LINE). however, i wouldn't get down and dirty like that to ruin her lie. i'm not a bad person. i just want my deposit back.

[willyumiii]

The moral of the story....

If you are in the wrong, don't try to twist the story around and come on TV looking for sympathy and support!

Those on TV will tell you just how wrong you are.

Man up and pay your rent!

[jamesjohnsonthird]

The fact is pay your rent the get a lawyer to call her and explain in Thai , she will soon back down. If that does not work when you move out get the curtain rods that are hollow inside and fill them with shimp heads they will not work out where the smell is coming from for months if not years, my ex wife did that to me when she left.

The old 'shrimp heads in the curtain rod' trick.

[minikev]

If water leaked onto the floor for an hour or so. You then turned it off at the mains and mopped up the water and went back to bed. As a responsible person you would have mopped it up thouroughly in the morning. There wouldn't be any damage to the floor. Therefore It's at best a 50% 50% responsibility for any damage to the floor. It seems that you didn't mop up correctly. If the water was turned off till the filter leak was fixed there would be no damage.

How much is the deposit?

How much is it to repair the floor?

Your landlady doesn't sound like she is from hell. She sounds about as unreasonable as you! You won't accept any responsibility in the issue and she says wait till she gets an estimate. I bet the whole thing is an argument over a few thousand baht.

[bkk7]

If water leaked onto the floor for an hour or so. You then turned it off at the mains and mopped up the water and went back to bed. As a responsible person you would have mopped it up thouroughly in the morning. There wouldn't be any damage to the floor. Therefore It's at best a 50% 50% responsibility for any damage to the floor. It seems that you didn't mop up correctly. If the water was turned off till the filter leak was fixed there would be no damage.

How much is the deposit?

How much is it to repair the floor?

Your landlady doesn't sound like she is from hell. She sounds about as unreasonable as you! You won't accept any responsibility in the issue and she says wait till she gets an estimate. I bet the whole thing is an argument over a few thousand baht.

what i SAID was that i woke up in the middle of the night and noticed the water leaking everywhere. i IMMEDIATELY cleaned up what i could with what i had. i don't know if it had been leaking for 1 hour or 3. i don't know the rate of leak that was happening either. there was a lot of water on the floor and i only have a certain number of towels, including my own nice bath towels, which i had to use to clean up the floor.

i did not wait until morning. i did what i could, but it still remained wet. i also IMMEDIATELY sent her a message to tell her. she could have sent someone to clean up properly but she did not. she also shrugged it off when she came to see it a week later, as if it was, 'let's wait and see'. i tried to demonstrate to her that something needed to be done so it didn't get worse because there was still water under the pergo. if you pressed hard, you could still squeeze water out. it wasn't something my simple mopping could fix. i TRIED.

so, how did i not mop up correctly? if i hadn't woke up in the middle of the night, it would have been MUCH worse. i mopped up as quickly as i could with what i had. and i messaged her. the only thing more i could have done would be to use my own shirts on the floor to mix with the water that was mixing with the dirty stuff under the pergo. am i expected to ruin my own stuff? i also put a fan on it.

the deposit is 60k. she has not gotten an estimate but any estimate she gets shouldn't involve me anyway! i didn't cause the leak. it was her faulty equipment. i tried to control the problem AS SOON AS i noticed it with reasonable actions. she is lucky i was there and awake. i notified her. she did very little. and now she wants me to pay for it!

[jamesjohnsonthird]

If water leaked onto the floor for an hour or so. You then turned it off at the mains and mopped up the water and went back to bed. As a responsible person you would have mopped it up thouroughly in the morning. There wouldn't be any damage to the floor. Therefore It's at best a 50% 50% responsibility for any damage to the floor. It seems that you didn't mop up correctly. If the water was turned off till the filter leak was fixed there would be no damage.

How much is the deposit?

How much is it to repair the floor?

Your landlady doesn't sound like she is from hell. She sounds about as unreasonable as you! You won't accept any responsibility in the issue and she says wait till she gets an estimate. I bet the whole thing is an argument over a few thousand baht.

what i SAID was that i woke up in the middle of the night and noticed the water leaking everywhere. i IMMEDIATELY cleaned up what i could with what i had. i don't know if it had been leaking for 1 hour or 3. i don't know the rate of leak that was happening either. there was a lot of water on the floor and i only have a certain number of towels, including my own nice bath towels, which i had to use to clean up the floor.

i did not wait until morning. i did what i could, but it still remained wet. i also IMMEDIATELY sent her a message to tell her. she could have sent someone to clean up properly but she did not. she also shrugged it off when she came to see it a week later, as if it was, 'let's wait and see'. i tried to demonstrate to her that something needed to be done so it didn't get worse because there was still water under the pergo. if you pressed hard, you could still squeeze water out. it wasn't something my simple mopping could fix. i TRIED.

so, how did i not mop up correctly? if i hadn't woke up in the middle of the night, it would have been MUCH worse. i mopped up as quickly as i could with what i had. and i messaged her. the only thing more i could have done would be to use my own shirts on the floor to mix with the water that was mixing with the dirty stuff under the pergo. am i expected to ruin my own stuff? i also put a fan on it.

the deposit is 60k. she has not gotten an estimate but any estimate she gets shouldn't involve me anyway! i didn't cause the leak. it was her faulty equipment. i tried to control the problem AS SOON AS i noticed it with reasonable actions. she is lucky i was there and awake. i notified her. she did very little. and now she wants me to pay for it!

Thats right. You did your duty as a renter.

The lady shined you on and now wants to keep your deposit? Crazy.

I have had a similar situation. My roof leaks in the rain. I took photos and informed the landlord.

A year later, the ceiling drywall doesn't look so good. My problem? I don't think so.

[DLock]

Sounds like you have an unclear contract.

Any lease worth the paper it's written on has clauses for damages caused by water leaks, gas leaks etc that are not the fault of the tenant. A landlord is responsible for plumbing and pipework, even down to the bum guns in the toilet, air conditioners and in this case, a water pipe to the water filter. The contract should also include a clause on any damage done to the tenants belongings because of water damage due to negligence.

Had you not been at the condo for 2 or 3 days, that water leak could have destroyed the entire floor, and potentially caused leaks to the condos below...does she have insurance? You may have just saved her hundreds of thousands of baht.

It sounds like you mitigated the possible damage and did the right thing by calling the Landlord (better to use email btw) and you are not at fault...assuming the contract is clear on damage.

A good contract also stipulates terms on repair times.

But being late with rent is cause for termination of contract and being thrown out.

Line conversations, phone calls and even emails do not substitute a good contract. Never believe what any landlord says...EVER.

[frank0424]

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

Love it Konying. A VOICE OF REASON!

[Daniel Ingalls]

Maybe this will be a lesson for all you renters!......If you can't afford to buy your own little pad......go back wherever you came from. This is not a renters paradise. Most landlords blow your deposit the day after you give it, and they have no intentions of returning your money in any way or fashion.

There are just to many reasons landlords can make up to prevent a return of funds. This is another unwritten scam to be

a-where of before you sign on the dotted line.

[StefanBBK]

He also admits to having no money which makes people desperate and exaggerate any situation. .

Keep that in mind. She can find your Company and boss rather easily it sounds.

1) she is the one with money problems. she admitted in our last conversation that she is desperate because of loans. i don't have money problems. i just get paid in the middle of each month, so paying by today just is not possible, if i were to pay.

2) she knows my company because i (or my colleagues) give her contracts. she also openly trash talks her own boss to me (or did, via FB and LINE). however, i wouldn't get down and dirty like that to ruin her lie. i'm not a bad person. i just want my deposit back.

Understand you are quite "miffed".

It would be a good idea going forward to always have some backup funds available for unforeseen circumstances.

If you don't have a little cash buffer, then you are at least on the verge of a financial problem.

[minikev]

If water leaked onto the floor for an hour or so. You then turned it off at the mains and mopped up the water and went back to bed. As a responsible person you would have mopped it up thouroughly in the morning. There wouldn't be any damage to the floor. Therefore It's at best a 50% 50% responsibility for any damage to the floor. It seems that you didn't mop up correctly. If the water was turned off till the filter leak was fixed there would be no damage.

How much is the deposit?

How much is it to repair the floor?

Your landlady doesn't sound like she is from hell. She sounds about as unreasonable as you! You won't accept any responsibility in the issue and she says wait till she gets an estimate. I bet the whole thing is an argument over a few thousand baht.

what i SAID was that i woke up in the middle of the night and noticed the water leaking everywhere. i IMMEDIATELY cleaned up what i could with what i had. i don't know if it had been leaking for 1 hour or 3. i don't know the rate of leak that was happening either. there was a lot of water on the floor and i only have a certain number of towels, including my own nice bath towels, which i had to use to clean up the floor.

i did not wait until morning. i did what i could, but it still remained wet. i also IMMEDIATELY sent her a message to tell her. she could have sent someone to clean up properly but she did not. she also shrugged it off when she came to see it a week later, as if it was, 'let's wait and see'. i tried to demonstrate to her that something needed to be done so it didn't get worse because there was still water under the pergo. if you pressed hard, you could still squeeze water out. it wasn't something my simple mopping could fix. i TRIED.

so, how did i not mop up correctly? if i hadn't woke up in the middle of the night, it would have been MUCH worse. i mopped up as quickly as i could with what i had. and i messaged her. the only thing more i could have done would be to use my own shirts on the floor to mix with the water that was mixing with the dirty stuff under the pergo. am i expected to ruin my own stuff? i also put a fan on it.

the deposit is 60k. she has not gotten an estimate but any estimate she gets shouldn't involve me anyway! i didn't cause the leak. it was her faulty equipment. i tried to control the problem AS SOON AS i noticed it with reasonable actions. she is lucky i was there and awake. i notified her. she did very little. and now she wants me to pay for it!

A MOP is a very good household tool. google it. It's got sort of a fuzzy looking head. It will save you a fortune in Nice towels,shirts and even returnable deposits.

I'm sorry if you think I'm been a bit harsh it's just that in this hot climate a little spilt water over a very short period of time won't ruin a wooden or fake wooden floor. In fact my wife uses the hosepipe on ours. It seems to me the water was there for a prolonged period of time to do any damage. At least partially your fault.

Offer to pay half of the repair costs that can be taken from your deposit. Tell her you will pay all rent due from the deposit also. Problem solved!

[jamesjohnsonthird]

This renter informed the owner that THEIR pipe broke and THEIR floor was wet.

He has no duty to repair or clean up anything.