Owner all of the sudden unwilling to return deposit

[ronmnk]

Used to rent a condo that all of the sudden had mold problems. Wasn't caused by me though, others had problems as well at the time, caused by bad building quality.

 

The owner didn't really take care of the issue for 3 weeks. I said I would prefer to just terminate the contract early then, as it would end in 2 months anyways. He said he's okay with it. Was all nice and normal.

 

Now over two months later, he still hasn't returned the deposit and all of the sudden says that he handed over the whole thing to a lawyer, because the agent doesn't want to return part of his commission, which he supposedly have to, because I moved out earlier. He said he will just let a lawyer deal with it.. and I'm sensing that she's either just incredibly slow with everything or she's trying to keep the deposit.

 

I'm obviously aware that it's a common issue in Thailand. What's the best way to handle it? Threaten with a lawyer? Hire a lawyer? Not worth it and just accept the loss? Deposit is roughly 50.000 Baht.

[trogers]

Window/balcony facing south with no cross ventilation?

 

If air-con is not used often, the high humidity from rain and wind would remain within the unit. May not be a problem with build quality.

[mcfish]

The joys of renting in Thailand 

[blackcab]

Read your contract. In most cases, if the tenant does not complete the minimum period specified in the contract the tenant agrees to forfeit their deposit.

[Crossy]

6 hours ago, blackcab said:

Read your contract. In most cases, if the tenant does not complete the minimum period specified in the contract the tenant agrees to forfeit their deposit.

 

Yup, you terminated early so no deposit return

 

 

[ronmnk]

Definitely was a problem with building quality. Heard that several other apartments had issues like me as well during that time and the owner also said that exactly the same thing happened last year during rainy season.

 

The lease also states that the owner is responsible for keeping the apartment inhabitable.. which he didn't do. Asked them for several weeks to fix the problem, said that I'm having health problems due to the mold, nothing happened. I asked if we can terminate early since the lease would run two months later anyways, he agreed to it.

 

Now he all of the sudden goes back on his word and doesn't want to return the deposit.

 

Really no chance to get the deposit back? Even with a lawyer?

[manfredtillmann]

19 minutes ago, ronmnk said:

Definitely was a problem with building quality. Heard that several other apartments had issues like me as well during that time and the owner also said that exactly the same thing happened last year during rainy season.

 

The lease also states that the owner is responsible for keeping the apartment inhabitable.. which he didn't do. Asked them for several weeks to fix the problem, said that I'm having health problems due to the mold, nothing happened. I asked if we can terminate early since the lease would run two months later anyways, he agreed to it.

 

Now he all of the sudden goes back on his word and doesn't want to return the deposit.

 

Really no chance to get the deposit back? Even with a lawyer?

man, remember where you live now. this is THAILAND!

lease conditions, lawyer? you are writing about loosing a few thousand bath... just walk away, learn,  and start again.

[blackcab]

49 minutes ago, ronmnk said:

Really no chance to get the deposit back?

 

Correct.

[ronmnk]

6 hours ago, manfredtillmann said:

man, remember where you live now. this is THAILAND!

lease conditions, lawyer? you are writing about loosing a few thousand bath... just walk away, learn,  and start again.

haha. more like 50,000 baht.

 

not sure what can be learned from it though. owner seemed complete legit and nice before all of that.

 

still puzzles me though. so basically as a tenant you are screwed if you have a owner that doesn't take care of mold issues? don't have the right to terminate early, even if they don't take care of it? seems kinda insane..

 

especially when they go back on their word.. first agree with a early termination and then two months later, when you ask what's going on with the deposit, they change their mind and say that they are not okay with an early termination.

 

Edited September 24, 2016 by ronmnk

[blackcab]

In Thailand lease contracts heavily favour the lessor. A standard Thai lease contract contains a clause that basically says the lessor can terminate the lease at any time, for any reason, and keep the deposit.

 

I am guessing you signed a contract with a minimum lease period that you didn't honour. As such you forfeited your deposit. You have no right to terminate early; a contract is a contract and you are entirely at the mercy of the lessor's goodwill if you want early release from your commitments.

 

I understand about your issues with fungal growth and your reasoning for terminating the contract early. Your only option is to take the lessor to Court for breach of contract if you believe this has happened. 

 

I can tell you, however, that Court is an expensive and drawn out process that will take years and cost you much more than 50k.

[kingalfred]

Rights? Laws? Have a look around where you are in the world!


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[manfredtillmann]

15 hours ago, ronmnk said:

haha. more like 50,000 baht.

 

not sure what can be learned from it though. owner seemed complete legit and nice before all of that.

 

still puzzles me though. so basically as a tenant you are screwed if you have a owner that doesn't take care of mold issues? don't have the right to terminate early, even if they don't take care of it? seems kinda insane..

 

especially when they go back on their word.. first agree with a early termination and then two months later, when you ask what's going on with the deposit, they change their mind and say that they are not okay with an early termination.

 

50k?

I suppose that gives you a reason to complain. I spend less for 2 houses in 6 months.

The owner does no repairs, no maintenance, it's all petty stuff and I just deal with it. Bought a pressure cleaner to deal with the mold.

When the time comes to move out i'll just stop paying rent a couple of months before...

[mcfish]

Just now, manfredtillmann said:

50k?

I suppose that gives you a reason to complain. I spend less for 2 houses in 6 months.

The owner does no repairs, no maintenance, it's all petty stuff and I just deal with it. Bought a pressure cleaner to deal with the mold.

When the time comes to move out i'll just stop paying rent a couple of months before...

you might struggle without electricity and water

[manfredtillmann]

1 minute ago, mcfish said:

you might struggle without electricity and water

They are in my wife's name, nothing to do with the owner

[worgeordie]

Get a Lawyer! just throwing more money in a black hole,

you should have stayed on for just another 2 months,

just wiping the mould with a cloth soaked in bleach 

would have helped, plus I don't think landlord would

involve a lawyer,have you had a letter from lawyer yet?

 

regards worgeordie

[AlexRRR]

Even is Australia tenants can be screwed around forever, not all landlords jump to attention  and get things corrected...

[trogers]

9 minutes ago, AlexRRR said:

Even is Australia tenants can be screwed around forever, not all landlords jump to attention  and get things corrected...

 

The landlord of that property in Australia is probably basking in the haze of Sze Chuan...

[blackcab]

23 hours ago, ronmnk said:

haha. more like 50,000 baht.

 

Why not just pay someone to come and clean everything? It wouldn't cost a fraction of 50k.

 

Then you could give notice and move out at the appropriate time.

[ronmnk]

2 hours ago, blackcab said:

 

Why not just pay someone to come and clean everything? It wouldn't cost a fraction of 50k.

 

Then you could give notice and move out at the appropriate time.

Because the mold was everywhere under the hardwood floor as well. To remove it they would have to rip out the whole hardwood floor, clean everything and put a new one in.

[Briggsy]

You should contact the Thai Rented Apartment Fungus Ombudsman for a free and binding mediation. It is located in the Department of Microbial Organisms.

[aussiandrew]

Ok sory to hear of your plight.

For the record next time if you have a complaint ensure you give a copy of the issues to the owner along with photos of the said issues clearly showing the date and time. If you have none of the above. 

Don't let it happen again.

[Deez]

"He said he's okay with it. Was all nice and normal."     He is OK with it because he never was going to give you back the deposit. This way he gets you out early and gets to keep the 50K

[Berkshire]

On 9/24/2016 at 2:49 PM, ronmnk said:

Definitely was a problem with building quality. Heard that several other apartments had issues like me as well during that time and the owner also said that exactly the same thing happened last year during rainy season.

 

The lease also states that the owner is responsible for keeping the apartment inhabitable.. which he didn't do. Asked them for several weeks to fix the problem, said that I'm having health problems due to the mold, nothing happened. I asked if we can terminate early since the lease would run two months later anyways, he agreed to it.

 

Now he all of the sudden goes back on his word and doesn't want to return the deposit.

 

Really no chance to get the deposit back? Even with a lawyer?

 

I've read about folks not getting their full deposit back even when they didn't break the lease.  So in your case...not looking good.  

[fatyank]

best to keep things as simple as possible - run to the end of lease

 

50k is a big deposit........5k is my max

 

 

[williamgeorgeallen]

23 hours ago, worgeordie said:

Get a Lawyer! just throwing more money in a black hole,

you should have stayed on for just another 2 months,

just wiping the mould with a cloth soaked in bleach 

would have helped, plus I don't think landlord would

involve a lawyer,have you had a letter from lawyer yet?

 

regards worgeordie

bang on with this advice. for the future try to go for 3 or 6 month leases and barter down to a lower deposit. assume  you are going to loose the deposit when you leave.  must have been a nice place to put down 50 000thb. quite a bit of money in thailand but not enough to justify paying a lawyer to get it back.

[elgordo38]

On 9/21/2016 at 7:20 AM, Crossy said:

 

Yup, you terminated early so no deposit return

 

 

You walked right into a trap. Kiss the money goodbye. Words are cheap here and carry no legal clout. You have to quit thinking like a knight in shining armor and more like a Thai. He sliced and diced you. 

Edited September 26, 2016 by elgordo38

[Don Mega]

15 hours ago, ronmnk said:

Because the mold was everywhere under the hardwood floor as well. To remove it they would have to rip out the whole hardwood floor, clean everything and put a new one in.

How do you know there is mold under the floor ?

[snowgard]

Go to the consumer protection board and talk with their lawyer. It's free.

[mcfish]

5 minutes ago, snowgard said:

Go to the consumer protection board and talk with their lawyer. It's free.

He broke the lease I believe. If so its all over

[JacChang]

Ronmnk,

I've quite a few experiences regarding the laws with renting. Basically everything goes by the contract, but you must differentiate each agreement individually instead of combining them together. You agreed to live in that place to the agreed time, if you do not uphold that agreement, you lose the deposit, according to the signed contract. Do we all agreed up until now? If you leave now, you lose that deposit, because you signed and agreed to it.

 

Next, you claim the house is inhabitable. That's fair. The owner has a specific amount of time to repair that "inhabitable cause", in your case, the landlord has failed to do so. What does your contract say with regards to this? Never assume. Law is word by word. If it's not written, it didn't happen. Does your contract state if your landlord fails to provide you with a safe clean place to live with water and electricity, what happens? If it doesn't state, nothing happens basically.

 

Conclusion, you take your contract to court and sue the landlord for not providing a safe clean place to live in. How much will you get? How much will you spend? Never assume that a landlord fails to do something, then it provides you with all the rights to terminate the contract. Nobody ever said that.