Owner all of the sudden unwilling to return deposit

[Dunky]

www.ocpb.go.th

Office of the consumer protection board.

Fill in complaint form. Give them details. They will arrange arbitration and provide translation.

Don't just accept this bull sheite. You are not in the wrong.

Good luck!

[snowgard]

6 minutes ago, mcfish said:

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

 

Why? Him no broke the contract. The owner not reacted after him told him the problems about mold. This is a reason to gone out of a contract because him can got big health problems.

[mcfish]

30 minutes ago, snowgard said:

 

Why? Him no broke the contract. The owner not reacted after him told him the problems about mold. This is a reason to gone out of a contract because him can got big health problems.

Good point. Its worth a shot if the lawyer is free. 50 k aint exactly chicken feed

[Asiantravel]

11 minutes ago, mcfish said:

Good point. Its worth a shot if the lawyer is free. 50 k aint exactly chicken feed

 

 

hmmm...but I don't think it's going to work unless the tenant can show that he at least put the landlord on notice about this defect (preferably in writing)and that the landlord was given adequate time and opportunity to rectify the problem?

I don't think you can get away with breaking the lease on the basis that suddenly there is a mould problem so I'm terminating the lease early bye bye

[mcfish]

hopefully there are emails to the agent if there was one. I won a court case back in Oz after providing a dozen emails as proof 

[blackcab]

17 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.

 

Somehow I don't think the landlord is going to do this. 

[mcfish]

5 minutes ago, blackcab said:

 

Somehow I don't think the landlord is going to do this. 

He doesn't need to he just needs to refund the deposit

[blackcab]

1 minute ago, mcfish said:

He doesn't need to he just needs to refund the deposit

 

Sorry, I could have worded that better. I meant to say I doubt the landlord will even do that for a new tenant. 

[ronrat]

He can't pay you because he brought 2 25000 baht gold necklaces. On for his wife and one for his Mia Noa. 

 

 

In Australia the bond is held by a government authority and if the landlord can't keep it unless he/she can prove you owe money or are responsible for damage. i once was in a flat , sorry "apartment", and the upstairs hot water service broke and ruined the walls and paint in our place, The insurance co came around the first week it happened and authorised repairs and paid the body corporate. Since the body corporate was run by the joker upstairs he spent the money on access ramps etx for his father in law and the damage got so bad we were told we had to leave because after 5 months the bathroom would have to ripped out and 2 inner walls replaced. Our owner was suing the bloke upstairs as the insurance company had fulfiilled its duty We kept asking for our bond back and the rental manager kept saying she was too busy to inspect. For what, the wall had been ripped out by contractors. After  6 weeks we contacted the Tenancy Tribunal and sent all the correspondence. She had apparently a history of this and she was sacked and lost her real estate licence,  She rang me in tears saying I had ruined her career. Stiff shit was my reply. We got our money 48 hours later. 

[impulse]

I think the OP should keep in mind he may have stayed the 2 months and this thread may then be about the landlord that's keeping the deposit to repair mold damage that wasn't OP's fault. 

[performance]

Read the contract clearly

Early departures end his obligation to return money. 

He has played you mate. In true Thai style. There is no lawyer 

[performance]

2 hours ago, elgordo38 said:

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. 

Correct and never trust a Thai. I refuse to return keys or leave until money matters settled in cash.

It works return apartment sparkling but.

[SOTIRIOS]

....just lying cheating scum.....

 

...that know we have little recourse other than throwing more money at it....

 

...that is why the low life mentioned 'lawyer'.....

 

 

[wigan]

Should have hosed the placed just before leaving, fed the mould so owner could have good mushroom harvest!

[richard_smith237]

3 hours ago, Dunky said:

www.ocpb.go.th

Office of the consumer protection board.

Fill in complaint form. Give them details. They will arrange arbitration and provide translation.

Don't just accept this bull sheite. You are not in the wrong.

Good luck!

 

This is the right way to go about it... 

 

The Owner broke the terms of the contract - The Place is uninhabitable due to the mould (Health Reasons). 

 

The Owner will claim you broke the lease by moving out early. 

 

Arbitration should decide which is fair. 

 

Document and photograph as much as you can about the mould & any communications you have with the owner. 

 

Be prepared to take the loss, you may also be pleasantly surprised with an outcome favouring you. 

 

[trogers]

1 hour ago, ronrat said:

He can't pay you because he brought 2 25000 baht gold necklaces. On for his wife and one for his Mia Noa. 

 

 

In Australia the bond is held by a government authority and if the landlord can't keep it unless he/she can prove you owe money or are responsible for damage. i once was in a flat , sorry "apartment", and the upstairs hot water service broke and ruined the walls and paint in our place, The insurance co came around the first week it happened and authorised repairs and paid the body corporate. Since the body corporate was run by the joker upstairs he spent the money on access ramps etx for his father in law and the damage got so bad we were told we had to leave because after 5 months the bathroom would have to ripped out and 2 inner walls replaced. Our owner was suing the bloke upstairs as the insurance company had fulfiilled its duty We kept asking for our bond back and the rental manager kept saying she was too busy to inspect. For what, the wall had been ripped out by contractors. After  6 weeks we contacted the Tenancy Tribunal and sent all the correspondence. She had apparently a history of this and she was sacked and lost her real estate licence,  She rang me in tears saying I had ruined her career. Stiff shit was my reply. We got our money 48 hours later. 

 

I would be doubtful of the building quality when the pipe in a wall of an upper floor unit broke and washes down to the unit below.

 

The only leaks from pipes here would be floor drains and water closets, because they are placed through the floor slabs.

Edited September 26, 2016 by trogers

[Grubster]

On September 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 would see if a lawyer was interested in half of the money if he wins, that may get his attention and he may use part of his 25,000 to make sure it happens if you know what I mean.

[sandemara]

Why ask for 'legal' advice here?  Wouldn't it be easier to just drop into a local lawyer's office and ask there? Many offer first consultation free. Google Pattaya Lawyers and check the list. Has to be quicker than a write-in forum. No lawyer is likely to charge anywhere near 50K B for some advice and action.

[Broeno]

In case that you are still at the place, you could do a little renovating.

[Autonuaq]

Deposit is always a problem to get back. As well the T that way of interpreting the contract and the people they tell that will come. It is not much different it is in other countries.

If you get back, you are lucky if not .. see it as a just a small increase of the rent over the period that they forget you to tell..

 

[PMZ]

I am still owed +400,000 THB from a deposit on a house and I moved out four years ago, there was no damage and I completed the contract term.

I am still fighting it, now though the Consumer Protection Board at Chaeng Wattana. They will certainly take your case up for you, but you need to go in person to register the complaint. Take every piece of paper you have ever had in your life.

Many Thai landlords feel it is 'their right' to keep the deposit and will just tie you up in lies and or silence.

Good luck, hope you get at least some back.

[mcfish]

This sort of thing happens all the time and only a few report it to TV mainly because nobody likes to admit they were strong armed into gifting 2 months rent.

Renting in Thailand is truly a mugs game

 

[Johpa]

On 9/24/2016 at 8:24 AM, blackcab said:

In Thailand lease contracts heavily favour the lessor.

 

 

Uh, that is the situation worldwide.  The lessor presents a lease written by their lawyer to the lessee.  Most people do not take the lease home to read in detail or, better yet, have their own lawyer read the lease. Most people do not understand that as lessee they can strike out a clause in a lease and/or write an additional clause and then hand it back to the lessor for consideration.  Of course this is an asymmetric situation where the lessor has what you want and has the final determination. But I have never seen a rental contract that did not heavily favor the lessor.

[mcfish]

1 minute ago, Johpa said:

 

 

Uh, that is the situation worldwide.  The lessor presents a lease written by their lawyer to the lessee.  Most people do not take the lease home to read in detail or, better yet, have their own lawyer read the lease. Most people do not understand that as lessee they can strike out a clause in a lease and/or write an additional clause and then hand it back to the lessor for consideration.  Of course this is an asymmetric situation where the lessor has what you want and has the final determination. But I have never seen a rental contract that did not heavily favor the lessor.

The thing is though in the west the "bond " money or deposit is held by a third party for mediation. As a landlord in Thailand Im tickled pink that the deposit goes into my own pocket. Not that I wouldn't return it in full but its just nice to know I will always have the upper hand if things go badly south

[Johpa]

14 minutes ago, mcfish said:

The thing is though in the west the "bond " money or deposit is held by a third party for mediation.

 

Not in the USA.

[mcfish]

Just now, Johpa said:

 

Not in the USA.

Wow thats a surprise. Can only imagine how messy things would get

[blackcab]

The UK does that:

 

https://www.depositprotection.com

 

It saves a lot of headaches.

[DogNo1]

In Japan, renting or leasing requires six months' rent up front:  two months "key money" (gift to the landlord,) two months' deposit and first and last months' rent.  I have never had a deposit returned in Japan.  There always seems to be damage that needs to be fixed, tatamis that need to be changed, etc.  I have never fought it.  I now spend the winter months in Bangkok in a serviced apartment on Ratchamadri which has ONE window that opens a little way.  Mold builds up near any water source and on the carpet in the bedroom. Besides buying a powerful fan to move the air around,  I buy cases of isopropyl alcohol and spray anything or any are that seems moldy.  That seems to kill the mildew and mold for about a day.  You can buy pump-up sprayers at Big C or Central.  I have staff change my bedding every day and steam clean the carpet frequently.  I also have the air-con filters changed every two or three weeks.  The place has a few faults but the rooms are excellently soundproofed and the service staff are great.

 

Anyway, I recommend alcohol over bleach because it causes less damage over all.  The wood furniture does get bleached out over time but its color is easily restored with furniture polish.

 

Please notice that no gift money to the landlord is required in Thailand.  At least THAT'S a plus.

[ericthai]

On 9/24/2016 at 10:59 AM, 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.

 

You already know this is a a big issue in Thailand, just accept it and move on.  

 

As for lawyers,  A good friend of mine had an issue with another expat that stole his motorbike. My friend hired a lawyer, the lawyer wanted a deposit 100,000B deposit and then nothing happened the lawyer, the lawyer avoided my friends calls, my friend would stop in at the office but never there. Going the lawyer route is just throwing good money after bad. 

[Johpa]

2 hours ago, Johpa said:

 

Not in the USA.

 

2 hours ago, mcfish said:

Wow thats a surprise. Can only imagine how messy things would get

 

I always advise my younger acquaintances who sometimes seek my advice under the notion that some sagacity comes with age that one should never fear the rent, but fear the landlord.