Foreign Landlord With Holding Rental Deposit Advise Required!

[Asiantravel]

Adi after personally dealing with OCPB myself and with their assistance scoring a colossal win I strongly advise you to present the case in writing to the Bangkok office (see link below) rather than trying to deal with Pattaya and certainly not verbally.

 

You have already described the situation in detail in your original post so if you can add anything to that and include any supporting documentation and fill out the form I think you might be pleasantly surprised

 

http://www.ocpb.go.th/ewtadmin/ewt/ocpb_eng/main.php?filename=index___EN

 

 

 

 

Edited November 22, 2016 by Asiantravel

[mrfaroukh]

Once I rented a condo from an agent. They had a list of everything in the room with photo. We checked everything and signed the contract. Normal wear and tear were also allowed. Even when you go to hotel they have a list of items they have in the room with price list. Your landlord can't just withhold your money and make you pay for stupid things. I would go to the police and complain as you have not signed for those items. You can easily say they were in the same condition that you are giving it back and since there are no pictures and signatures I don't think he can prove anything.

[pommy pete]

On 11/21/2016 at 7:47 PM, electric said:

AdiP ... sorry to read about your problem, and unfortunately I don't have a solution for you in this case, however, below is a suggestion for anyone potentially looking to rent a place long term, and paying a substantial refundable deposit.

 

Back in my home country many years ago, I rented a nice 3 bedroom suburban home. Long term 1 year x 1 year etc.

 

Prior to signing the lease, the agent had a very comprehensive checklist for the entire house. We spent maybe 2 hours wandering through the place, carefully ticking off the checklist, carefully noting the condition of beds, curtains, floor coverings, furniture, wall paint, inventory of pots pans cutlery etc. Anything with imperfections, stains, etc was also carefully noted. 

 

The condition of outside gardens, lawns, sheds etc were also noted on the checklist. Many photos were taken.

 

Two copies were made of this checklist, both signed by the agent and myself. Agent kept 1 copy, I kept 1 copy.

 

When I finally moved out couple of years later, agent came around for final inspection. Again, she wandered slowly through each room, comparing what she saw, with what was on the 2yo checklist. Result .... 100% deposit refund.

 

I know it's a bit of a tedious hassle to do this checklist initially, but it's really the only way of proving "your word against the agent/owner" if problems arise at lease termination .... as has unfortunately happened to AdiP

 

If you rent a car, they will show you the dents, scratches etc and ask you to sign a doc. We really should do the same when renting a house, but not many people do.

 

 

I did the same thing when my son first rented, when he moved out they tried to deduct for broken floor tiles  and paint damage to the bathroom door, but the photos proved it was previous damage. so good advice from "electric" for everybody signing leases 

[pommy pete]

Maybe threaten to report him to the tax office if he has other condos for rent there would be a good chance he is not paying tax on his earnings/profit

[Banana7]

3 hours ago, pommy pete said:

Maybe threaten to report him to the tax office if he has other condos for rent there would be a good chance he is not paying tax on his earnings/profit

Don't threaten him, just go to the tax office and report him and provide them with a photo copy of your rental receipts and contract. Also go to immigration and report him, as he may not have a work permit. I understand that if you rent out condos here, that is classified as work.

 

Also file the consumer complaint.

 

 

 

 

 

Edited November 23, 2016 by Banana7

[AdiP]

Well I have finally decided thanks to some of the more positive advice here the following action:
Email the landlord finally requesting an amicable resolution to avoid any further actions with a 48hr deadline.

If I hear nothing (which is basically what I am expecting) I will go the the Consumer Protection Agency and more importantly the Revenue & Taxes department and file complaints.

Yes it will be unlikely I will see anymore deposit funds back but my reckoning it will cost the landlord a heck of a lot more when the Revenue department see he has 4/5/6 properties rented and undeclared.

I am sure some will slate me here for these actions but I offered the landlord to keep 10,000Baht and we both finish this dispute (which the agent said was to much anyway) and he still refused to even discuss it.. obviously thinking legally I can do nothing, which yes he is right as the costs would be ridiculous. But I can certainly write it off, report it to the government offices and let them have their feast.. I will sleep better knowing I at least stopped him laughing all the way to the bank!!!

Thanks for all the comments positive and negative as its certainly a popular debate here in Thailand.

[onemorechang]

30 minutes ago, AdiP said:

Well I have finally decided thanks to some of the more positive advice here the following action:
Email the landlord finally requesting an amicable resolution to avoid any further actions with a 48hr deadline.

If I hear nothing (which is basically what I am expecting) I will go the the Consumer Protection Agency and more importantly the Revenue & Taxes department and file complaints.

Yes it will be unlikely I will see anymore deposit funds back but my reckoning it will cost the landlord a heck of a lot more when the Revenue department see he has 4/5/6 properties rented and undeclared.

I am sure some will slate me here for these actions but I offered the landlord to keep 10,000Baht and we both finish this dispute (which the agent said was to much anyway) and he still refused to even discuss it.. obviously thinking legally I can do nothing, which yes he is right as the costs would be ridiculous. But I can certainly write it off, report it to the government offices and let them have their feast.. I will sleep better knowing I at least stopped him laughing all the way to the bank!!!

Thanks for all the comments positive and negative as its certainly a popular debate here in Thailand.

 

Sorry but think your a cheeky monkey.

Making threats to the guy ( that what you have done )

based on you knowing the guys tax situation.

How do you know what that is ?

Sour grapes i would say.   some tenants are not all good.

 

Good luck, with the threats.

 

 

 

[Dipterocarp]

On 11/23/2016 at 2:37 PM, Banana7 said:

Don't threaten him, just go to the tax office and report him and provide them with a photo copy of your rental receipts and contract. Also go to immigration and report him, as he may not have a work permit. I understand that if you rent out condos here, that is classified as work.

 

Also file the consumer complaint.

 

 

 

 

 

An alien holding property generating income  property is not itself illegal or work. Tax must be paid on rent income. Way more Thai landlords are shirking on this than foreigners. Advertising, showing rooms, handing out keys, meeting with renters and coordinating/arranging repairs etc. is work. Many have been getting away with it for years. The only way for the average foreigner to do legally is to entrust the whole affair to a licensed Real Estate Agent/Property management company and their cut.  As far as AirBnB company itself is concerned it just an information platform. Kingdom of Thailand preventing the site from operating here (as to facilitate a huge conspiracy to violate various laws) would not be a surprise and happening worldwide as tax milking authorities crack down on "lost" revenue.

Edited November 26, 2016 by Dipterocarp

[todlad]

On 11/22/2016 at 3:14 PM, onemorechang said:

 

Bs,   good and bad landlords all over the world.

 

BTW, the deposit in uk is not held by the landlord

its the Law.

So you know nothing of what you talk

 

 

Another ridiculous frontal attack that fails.

 

I have been a tenant, my children have been tenants and I am a landlord in the UK. I know exactly who looks after the money. However, that does NOT guarantee in the slightest that the tenant will get their deposit back.

 

Edited November 28, 2016 by Rimmer
Be nice please

[onemorechang]

4 hours ago, todlad said:

 

Another ridiculous frontal attack that fails.

 

I have been a tenant, my children have been tenants and I am a landlord in the UK. I know exactly who looks after the money. However, that does NOT guarantee in the slightest that the tenant will get their deposit back.

 

 

 

Im a landlord in the uk as well.

if you damage my place or

contents i will and do make moves to deduct your bad behaviour from

the money that is HELD IN A GOVERNMENT FUND.

 

Edited November 28, 2016 by Rimmer
Be nice please

[nemo38]

Has anyone been able to get a reference from the previous tenant when renting in Thailand? or get in contact with them from details from the Landlord? 

 

If the previous tenant said the LL was OK that would be a positive hint. 

[mrbojangles]

11 hours ago, onemorechang said:

 

 

Im a landlord in the uk as well.

if you damage my place or

contents i will and do make moves to deduct your bad behaviour from

the money that is HELD IN A GOVERNMENT FUND.

 

 

Your quite right (if you want to be within the law). I have several properties that I rent out and since 2007, neither I nor the agent can hold the deposit, it has to go in a Tenancy deposit Scheme

 

https://www.gov.uk/tenancy-deposit-protection/overview

[angy]

if you rent from a foreigner agent or landlord need to be more carefully then from thai people, maybe because the thai acting in real estate are better people that the jetski and the foreigner living in Pattaya are frequently the worst people of their country. I've notice of deposit theft only from foreigner agents and if Thailand want to be tourist friendly I hope they'll start to punish them but actually they do nothing.

[onemorechang]

4 hours ago, angy said:

if you rent from a foreigner agent or landlord need to be more carefully then from thai people, maybe because the thai acting in real estate are better people that the jetski and the foreigner living in Pattaya are frequently the worst people of their country. I've notice of deposit theft only from foreigner agents and if Thailand want to be tourist friendly I hope they'll start to punish them but actually they do nothing.

 

I nominate this,   for best  post of the week,

So far.  

Edited November 29, 2016 by onemorechang