Security Deposit

[siddv]

My girlfriend and I recently moved out of our 2 bedroom corner apartment on the 19th floor at the Rachada Orchid Complex near Rachada and Sutisan. We have purchased a nice new 4 bedroom home. The Rachada Orchid is a nice complex that we had lived at for several years. We had no problems there at all. We gave 30 days notice and paid all rents. The deposit is 50,000 baht which is 2 months rent, the rent was 25,000 monthly. We left the apartment very clean and that should not be an issue. Notice should not be an issue.

We were initially told that the deposit would be returned 10 days after the 1st of the month. That was in Ocober 2006. We have not received our deposit and are being given some story that the owner of the condo is out of the country and not available. My rental agreement is with the Rachada Orchid not the owner of the condo. This is more a principle issue more than the money though 50,000 bht is a tidy sum. I hate being cheated just because I am a foreigner. Hiring a lawyer would cost more than the deposit. Are there any suggestions on where I might turn for help, an agency or deparment that might lend some assistance. Is there a number I can call. Any suggetions other than writing this one off? Thanks.

[GuestHouse]

Firstly do you have anything in writing that stipulates when the deposit has to be returned?

Secondly do you have a departure inspection report that clearly states you have left the appartment in good clean and undammaged order?

If you do, then lawyer to write to the landlord and/or agent stating that they/he are in breach of contract and that you are givnig (x days) notice prior to filing for recovery in a court of law.

Your lawyer will advise the wording and add extras regarding filing for recovery + costs.

The cost of a letter is relatively cheap, so don't use Somsak law, use a well known law firm.

If you have a written agreement and there is no notice of damage to the appartment then your case is pretty solid.

But that does not mean he will not call your bluff.

I personally think you have been nieive in your having left the appartment before getting the security deposit back, but that's just my view.

[Sunbelt Asia]

My girlfriend and I recently moved out of our 2 bedroom corner apartment on the 19th floor at the Rachada Orchid Complex near Rachada and Sutisan. We have purchased a nice new 4 bedroom home. The Rachada Orchid is a nice complex that we had lived at for several years. We had no problems there at all. We gave 30 days notice and paid all rents. The deposit is 50,000 baht which is 2 months rent, the rent was 25,000 monthly. We left the apartment very clean and that should not be an issue. Notice should not be an issue.

We were initially told that the deposit would be returned 10 days after the 1st of the month. That was in Ocober 2006. We have not received our deposit and are being given some story that the owner of the condo is out of the country and not available. My rental agreement is with the Rachada Orchid not the owner of the condo. This is more a principle issue more than the money though 50,000 bht is a tidy sum. I hate being cheated just because I am a foreigner. Hiring a lawyer would cost more than the deposit. Are there any suggestions on where I might turn for help, an agency or deparment that might lend some assistance. Is there a number I can call. Any suggetions other than writing this one off? Thanks.

Many variables so the first step is to find out the facts. You’ll need to review the contract and find out if the Rachada Orchid had the POA to represent the owner. If not, a criminal complaint can be filed.

If the owner of the condo is a Juristic Person, they then can have a claim filed against them even though the ‘owner” is out of the country.

www.sunbeltasiagroup.com

[siddv]

Thanks for the suggestions. I do have to admit I am somewhat puzzled by the comment that I am navie for having left the aparment before getting the dsecurity deposit back. Since when does one receive a security deposit back for an aprtment BEFORE vacating the premises. That's a new one on me!!! Anyone else ever here of this? I never have.

[kayo]

Siddv, I haveindeed heard of it.

My first few rental homes I'd always beena bit idealistic and paid all my dues ontime, left everything in good if not better condition, and moved expecting to get my deposit back. It took me about eight years over 4 countries before I finally heeded my Father's much ignored advice, "Do not pay the last months rent if you've paid a deposit".

Now I do heed this.

I've paid a deposit for the last month, then I stay last month "free". In fact, there are even landlords now who have started to agree to this form of "rental". These are often the more honest ones.

Deposit is the last months rent.

That way, there are no issues at the end of your rental period.

edit:

PS: This obviously doesn't help you now, but I am just replying to your previous post.

Edited November 14, 2006 by kayo

[astral]

Read this post pinned at the top of the sction.

[bkkmei]

Hi

we did what kayo did for our last flat in Bangkok, and before that Hong Kong. We did 'ask' the landlord first and they were both very decent and agreed. If you're good tenants (and they are good landlords) then it shouldn't be a problem.

sorry this doesn't help you now but I wish you luck with your deposit.

[siddv]

Here is an update for those that might be similar situation i.e everyone renting and aprtemnt in BKK. Mind you this is a large condo complex with a rental office on the gorund floor that emoployes an entire professional looking staff. Presumably as the rental office they have so called POA to rent the condos!

Yes I signed a 1 year lease. its in Thai so can't honestly say what it says but assume ist standard biloer plate..security of 1st and last, upon moveout the deposit is returned mminus any damage etc. Anyway still getting the run around and the TGF has taken over the situation. Sister of hers works for some governmental agency in law enforecment and they are going to personlaly make this hel_l for the rental office on a daily basis and who the heck knows what else..I know she has also mention going to the police... I have learned not to aruge with her though this makes no sence to me. And why should I? To handle this situation as most of us would gets me nothing. Contracts and the legal system for foreigners is a joke and we should not rely on the sytem doing anythign for us. So I will let this run its course and post back.

Anyways I guess for all of those renting in BKK don't pay the last 2 months of rent I suppose as others here have suggested, to be deducted from thhe security and hope the heck your locks have not been changed while you are away for the day.

PS..do i have an inspection report? Please I was lucky to ge ta copy of the rental agreement 6 motnhs after I moved in. And they have not provided me with one as yet. I suppose I could ask for one...good luck

Edited November 17, 2006 by siddv

[The Dude]

Siddv, I haveindeed heard of it.

My first few rental homes I'd always beena bit idealistic and paid all my dues ontime, left everything in good if not better condition, and moved expecting to get my deposit back. It took me about eight years over 4 countries before I finally heeded my Father's much ignored advice, "Do not pay the last months rent if you've paid a deposit".

Now I do heed this.

I've paid a deposit for the last month, then I stay last month "free". In fact, there are even landlords now who have started to agree to this form of "rental". These are often the more honest ones.

Deposit is the last months rent.

That way, there are no issues at the end of your rental period.

edit:

PS: This obviously doesn't help you now, but I am just replying to your previous post.

The landlords that I know in BKK change the locks on your door if you don't pay the rent by the due date so I would not try that one here

[think_too_mut]

We were initially told that the deposit would be returned 10 days after the 1st of the month. That was in Ocober 2006.

We moved out October 1. but paid full rent for that month. We were told, the deposit will be refunded 2 weeks in November (15th) after enough time is given for bills and costs to arrive.

During the month, in and out, we went there taking things, cleaning etc, so some utilities were consumed.

15th of November - a phone call from the old building, asking whether we want the cheque mailed or we come and pick it up. Wife went there, the cheque was 1500B short of 2 month deposit as the inbuilt mirror was cracked (true, i tried to stick little vacuum attachable shelf and cracked it 3 yrs ago).

All in order, the building has their office on the ground floor, staff in uniforms, security etc.

I think someone just kept OP's money.

[The Dude]

The bottom line is that some places are cool about forking over deposit monies and some places are highly uncool. It is a bum trip to get caught up in uncool places

[Sunbelt Asia]

Here is an update for those that might be similar situation i.e everyone renting and aprtemnt in BKK. Mind you this is a large condo complex with a rental office on the gorund floor that emoployes an entire professional looking staff. Presumably as the rental office they have so called POA to rent the condos!

Maybe and maybe not. If they don't, file the criminal complaint.

Contracts and the legal system for foreigners is a joke and we should not rely on the sytem doing anythign for us.

The good news, this is not true.

www.sunbeltasiagroup.com

[bkkmei]

About the changing of the locks too... when we moved into our flat in BKK we asked if we could change the locks as the apartment had been empty for a while and the keys just hanging about in the manager's office and who knows what copies could be made. The landlady was a bit reluctant but in the end said OK, so we bought one from HomePro and did it ourselves.

Honestly, I would never have thought about asking the locks to be changed but when we first moved to Hong Kong the AGENT advised us to change the locks and it makes sense. I guess though that not all landlords would let you do this.

[siddv]

Ok here is the latest and last update. We received out security deposit! Well most of it anyways. 5,000 Bt was deducted as supposed repainting clean up..whatever the place was left spotless but who cares we recieved 45,000bt of the 50K. I believe that the only reason we got anything was because my GF sister is and was relentless, she called everyday and pestered,threatned the shit out of everyone at the rental office and they finalyy relented. I am cetain this very nice looking condo complex, with very nice staff, just has a custom and practice of cheating renters, particualry we foreigners out of thier security deposit. So beware my friends of those deposits.... Those rental and lease agreements we sign are'nt worth the paper they are written on...no matter what anybody says!!!!

[backflip]

When I first moved to BKK, I stayed at Boss Tower. The lease was in both Thai and English, and clearly read that I'd receive the deposit as I moved out. When I moved in, a checklist was completed indicating the condition of everything. I gave 30 days notice and, as the day came, another checklist was completed indicating the condition of the apartment. I received a cash refund of my desposit, minus 50THB for a burned-out bulb, and I handed over my door key. Pretty simple.