Are any aspects of a residential lease legally enforceable in practice?

[funlovinkid]

Apologies for the vague topic title here, but here's what I'm pondering:

- After a LOT of searching, I found a condo that I like: good building, good location, nice view.

- However, most of the owner's furnishings are terrible, but I'm willing to replace them over time (at my own expense - I would selectively buy used furniture) if the owner will take a significantly lower rent in exchange for a long lease period. A friend has advised that 3 years is the longest lease which is legally enforceable. So, in order to hopefully get into this condo, I would be committing to a longer lease than I normally would, in order to justify the time and expense associated with re-furnishing the unit. I don't tend to move around a lot; if I'm comfortable, I typically stay for several years in the same unit.

I would be negotiating directly with the owner - not through any agent. I would offer a 3-year lease, with the option to renew for another 3-year term thereafter, with a one (or two) month security deposit. In addition, the owner would agree to remove his furniture as I gradually replace it.

So, I have two questions:

- is it true that a 3-year residential lease is the longest legally allowable, in practice?

- what if my circumstances were to change, and I had to break the lease? Of course, I understand that I would lose any security deposit, but could the owner legally require me to pay the remaining term of the lease? Maybe more importantly, do such legal judgments occur in practice?

I happen to be retired, so it's not like I might suddenly have a job change which would require me to move, but I'm a little nervous about committing to such a long lease here in LOS. I also am aware of the difference between Thai law as written, and as practiced. The longest lease I've had to date has been 6 months, and I've never had a problem with a landlord, but this situation would potentially be very different.

Any feedback or suggestions would be most welcome. Thanks in advance!

[tonray]

I would advise against such a long lease. Situations change, neighbors change, noise level changes. Do yourself a favor and do 1 year and renew. 3 years. Sorry to change the topic but 3 years is a long time ..you might get trapped into a situation you need to get out of.

[vaultdweller0013]

Leases longer than 3 years are allowed; however, leases over 3 years need to be registered with the government land office. The maximum term allowed is 30 years. I seem to recall some reports here of some land offices setting their own max of less than 30 years. Some owners may be hesitant to do this as they may need to pay tax on the lease income.

You can do the 3 year lease with an option to renew. The main point of how this differs from a 6 year lease is that the option to renew is a "personal" contract between you and the owner and not a lease per se. So if, for any reason, the property change owners in the first 3 year period, the new owner would not be required to renew the lease. If you did a 6 year lease, the property becomes encumbered and you are guaranteed the whole lease term.

The terms for breaking the lease (either by you or the owner) should be included as part of the lease and negotiated with the owner.

Make sure you get the specifics of replacing the furniture included in the lease.

[Srikcir]

You need to find another place that has better furniture and can give you a one-year renewable lease.

[ripley]

Interesting topic.

What about a 1 yr. "renewable" lease. Sure something could be drawn up.

What happens to the new furniture you purchase when you leave? Does it stay with the owner?

Is the furniture really in terrible condition? or just not your personal taste?

I think that if you don't like the furnishings you replace them at your own expense and also arrange and pay for storage of the original furnishings if the owner wants to keep them. After all, although it's fair to expect the owner to provide furnishings in good repair, he can't be expected to redecorate for every new tenant.

[KittenKong]

Have you asked the owner for an unfurnished tenancy? Either way make sure you get down in writing what belongs to who, and take pictures.

It's not unheard of for tenants to spend a lot of money improving a property only to find their tenancy ended abruptly when the owner realises that he can now let the place to someone else for much more.