Office Rental Contract

[pktkid]

Hoping someone out there might be able to help me on this one.

I have signed a contract with a company in Bangkok for office rental for which I want to cancel. I have informed them that I no longer need the office however, in order for me to cancel they say I have to pay the whole 12 months rental in order to cancel it. I have not used the office nor have I given them a deposit yet, even though the contract clearly states the deposit.

I have heard that in some countries unless a deposit is taken and a receipt is issued against that contract it is rendered null and void, does anyone know if this is the case in Thailand ?

Before anyone asks the contract is with a very big International company that provides serviced offices, its not with your average Thai Charlie.

Thanks.

[Moonfruit]

Maybe not the most moral of comments here, but my take on that would be that unless you have paid a deposit and received a receipt for that deposit, then you are free to walk away.

Maybe if they were dealing with me in a professional and courteous manner, then i would make a token payment to them which covered their costs incurred for administration and processing etc etc, but certainly no more than the equivalent of 1 months rent.

Im sure this may not be legally correct, but its just my two satangs.

[Dragonman]

Hoping someone out there might be able to help me on this one.

I have signed a contract with a company in Bangkok for office rental for which I want to cancel. I have informed them that I no longer need the office however, in order for me to cancel they say I have to pay the whole 12 months rental in order to cancel it. I have not used the office nor have I given them a deposit yet, even though the contract clearly states the deposit.

I have heard that in some countries unless a deposit is taken and a receipt is issued against that contract it is rendered null and void, does anyone know if this is the case in Thailand ?

Before anyone asks the contract is with a very big International company that provides serviced offices, its not with your average Thai Charlie.

Thanks.

Difficult to give a legal opinion without seeing the contract. Does the contract give a notice period for "get out" by lessor or lessee? If not, you have a 12 month lease which you are obligated to. If you and the lessor have signed, under Thai Law you have a contract. If you employed a lawyer, he would have advised a 1 month notice for termination was included. I would have!

[pktkid]

Maybe not the most moral of comments here, but my take on that would be that unless you have paid a deposit and received a receipt for that deposit, then you are free to walk away.

Maybe if they were dealing with me in a professional and courteous manner, then i would make a token payment to them which covered their costs incurred for administration and processing etc etc, but certainly no more than the equivalent of 1 months rent.

Im sure this may not be legally correct, but its just my two satangs.

No they are not being very professional about it. They can stick it up there <deleted> sideways as far as I am concerned. Im not worried about the legal implications in respect of them going legal on me, its just that I want to continue using there services so dont want to do this.

As they have tried to have my trousers down at 1st attempt they have blown any chance of getting anything now, not even a token offer !

Thanks for the comments, but no thanks for the "If it was me I would have checked 1st" comments.

[steveromagnino]

perhaps you could consider trying to find another tenant to replace you, and sublease to them at a discount.

If you have a written or verbal contract outlining the above, I'd say you are SOL as yo've signed it; not aware of any countries where you could walk away from an office rental dealio, but I did not study property law?

[Dragonman]

Maybe not the most moral of comments here, but my take on that would be that unless you have paid a deposit and received a receipt for that deposit, then you are free to walk away.

Maybe if they were dealing with me in a professional and courteous manner, then i would make a token payment to them which covered their costs incurred for administration and processing etc etc, but certainly no more than the equivalent of 1 months rent.

Im sure this may not be legally correct, but its just my two satangs.

No they are not being very professional about it. They can stick it up there <deleted> sideways as far as I am concerned. Im not worried about the legal implications in respect of them going legal on me, its just that I want to continue using there services so dont want to do this.

As they have tried to have my trousers down at 1st attempt they have blown any chance of getting anything now, not even a token offer !

Thanks for the comments, but no thanks for the "If it was me I would have checked 1st" comments.

Couldn't find any quotation "If it was me I would have checked 1st". What I meant was, as a lawyer, I would have advised a one month termination should be included. Probably wouldn't have listened however as you seem to only like opinions that are similar to your own.

Steve is correct and unless they are feeling generous your only defence is Section 7 of "Unfair Contract Terms Act (1997)".

[astral]

I have heard that in some countries unless a deposit is taken and a receipt is issued against that contract it is rendered null and void, does anyone know if this is the case in Thailand ?

The lawyer told me this was the case where my Thai son signed a contract to buy some land,

but when it came to make payment the next week the seller backed out.

I was told that as no money had changed hands, the contract was not enforceable.

I suggest you contact your lawyer asap.