Landlord refusing to do repairs

[Kenny202]

Have been in this house (rental) just shy of a year now. Had no end of problems, most of which I have taken care of myself. The owners are truly

horrible people. We have a 2 year lease. There is now water leaking from upstairs through the ceiling. Enough to fill a bucket a day. The owners

are refusing to do anything stating that we've been here nearly a year so up to us to fix and don't really care even though it is creating structural

damage and will be a lot more costly down the track. It appears they have never done any maintenance on the place since the day they

bought it (maybe 5-8 years ago). The owner actually told my wife some time ago they were probably going to lose the house to the bank in the

future anyway as they can't make the payments. There was evidence of a leak before, same area was stained. (Have photos from when we moved in)

Looks like leaking shower or broken pipe inside the ceiling, nothing we have done. As silly as it sounds I would prefer to stay here until our lease runs

out in a years time. Have no intention of fighting them legally etc but wondering where we stand legally? We have notified them of the issue. Sent photos

etc and given them the opportunity to repair. Are we legally liable for repairs or damage?  

[meatboy]

looks like you got a pig in a pork. as you [did you] sign a contract then all you can hope for is some sort of an agreement between the two of you.if that can be unsolved and he has no money get in touch with a [dont want to say who i meen] about what would happen if i refuse to pay the rent, or get out.

you do need to record all the work you have done and the cost.

as this is thailand myself i would cut my losses and leave peacefully. if you havent got a contract.

[Peterw42]

I would imagine the problem you describe would be a condo management issue, have you taken it to them. 

Check the wording of your lease, sometimes the tenant is responsible for repairs. 

[madmax2]

OMG just find a new place to rent which should be easy to find and shift out and do not both telling your current landlord you are leaving, let him find a new tenant, if he can

[Oxx]

With Thai rental contracts it's the tenant's responsibility to maintain the property - not the landlord's, so yes, you're liable for the repairs.  Expect the landlord, quite legally, to deduct the cost of getting the leak fixed from your deposit.

[madmax2]

5 minutes ago, Oxx said:

With Thai rental contracts it's the tenant's responsibility to maintain the property - not the landlord's, so yes, you're liable for the repairs.  Expect the landlord, quite legally, to deduct the cost of getting the leak fixed from your deposit.

Since when is it the tenants responsibility , only applies to a commercial property in some countries when written into a lease agreement but not to a private house in my experience, and i 

do have experience in commercial and private property

renting and leasing in Australia

Edited November 22, 2016 by madmax2

[Peterw42]

2 minutes ago, Oxx said:

With Thai rental contracts it's the tenant's responsibility to maintain the property - not the landlord's, so yes, you're liable for the repairs.  Expect the landlord, quite legally, to deduct the cost of getting the leak fixed from your deposit.

 

Unfortunately, that is often the case. But in this instance I would see it as a fault with the building not the condo and a condo management problem. 

[madmax2]

If the landlord cannot afford the mortgage he cannot afford a lawyer, just use up as much of your bond as you can as rent and leave, providing you are not shacking up with the landlords daughter

You should be OK

[Peterw42]

2 minutes ago, madmax2 said:

Since when is it the tenants responsibility , only applies to a commercial property in some countries when written into a lease agreement but not to a private house

 

It is often the case in Thailand. I was renting a house and had to pay for a pump repair and an air conn repair. Often it is written into the lease.

[madmax2]

1 minute ago, Peterw42 said:

 

It is often the case in Thailand. I was renting a house and had to pay for a pump repair and an air conn repair. Often it is written into the lease.

I have rented a few places on a one year rental agreement and the owner has always been responsibly for maintenance and repairs, only if the tenant damages something on purpose is it their responsibility to repair or replace it

Who in their right mind would sign a contract which makes them responsibly  for repairs and maintenance of the poorly built and maintained buildings here

Not me that's for sure, thousands of other rental properties around some probably in the same street if you want to live there, which you would not be paying for anything apart from the rent , water, power etc  

[blackcab]

The company I work for manages properties on behalf of owners. We have a standard contract the owner has to agree to otherwise we won't accept their business.

 

The contract states the owner is liable for all repairs, and that as their agent we will arrange such repairs on their behalf (unless the damage is the tenant's fault and then the tenant pays).

 

The only thing the tenant is responsible for is replacing batteries and light bulbs (unless they damage something and it's not fair wear and tear). That is clearly stated in the lease agreement.

 

We found out the hard way that if an owner will not agree to our terms and conditions then they will probably be very hard work and are not the sort of people we want to do business with.

 

Who wants to be in between an unhappy tenant and an obstinate owner? That's a quick way to tarnish your reputation.

[Diplomatico]

  I'd just move.  But then again, that's me.  

[DGS1244]

6 hours ago, Peterw42 said:

I would imagine the problem you describe would be a condo management issue, have you taken it to them. 

Check the wording of your lease, sometimes the tenant is responsible for repairs. 

Unfortunately it is not a condo, it is a house?? I rent a house and carry out most repairs, I then deduct, with the owners consent, the cost from the rent. Suggest you do the same, carry out a repair then deduct cost of same from rent. A no brainer if you ask me.

[davidst01]

6 hours ago, madmax2 said:

If the landlord cannot afford the mortgage he cannot afford a lawyer, just use up as much of your bond as you can as rent and leave, providing you are not shacking up with the landlords daughter

You should be OK

this is exactly what you should do. 

 

we just paid 1000 baht for guys to fix a leaking roof on a rental house thats not ours. landlords in thailand are kee neow

[DSJPC]

have u considered stopping to pay your rent???...that's about the only option u have IMHO...

[Enoon]

7 hours ago, Peterw42 said:

 

Unfortunately, that is often the case. But in this instance I would see it as a fault with the building not the condo and a condo management problem. 

 

"Have been in this house (rental) just shy of a year now"

[Peterw42]

Just now, Enoon said:

 

"Have been in this house (rental) just shy of a year now"

i missed that it is a house, sorry

[Jedsada3]

If you really want to stay in that house and you still have 5 fingers on both hands, you should fix it by yourself or ask someone to do it. It will cost you only a few red banknotes.

 

On that way, you don't have to empty the daily bucket any more and you don't have to fight with the owner.

 

Edited November 22, 2016 by Jedsada3

[12DrinkMore]

Jeeze, how much does it cost to fix a water leak?

 

Take a look, see what needs to be fixed and either do it yourself or pay someone.

 

Should not be more than a few hundred baht at most.

[elgordo38]

8 hours ago, meatboy said:

looks like you got a pig in a pork. as you [did you] sign a contract then all you can hope for is some sort of an agreement between the two of you.if that can be unsolved and he has no money get in touch with a [dont want to say who i meen] about what would happen if i refuse to pay the rent, or get out.

you do need to record all the work you have done and the cost.

as this is thailand myself i would cut my losses and leave peacefully. if you havent got a contract.

Heard some good things about the consumer bureau here. From the sounds of things it will not be long before you get notice to move from the bank. Dodgy sort again you should have done some checking on the landlord before moving in. Its not all the other way around. Knocking on a few doors will soon reveal all. 

[Deepinthailand]

No point in beating about the bush if landlord has not done anything for a year cut your losses now and move on yes you will lose deposit but I suspect you will end up losing it anyway. Get out now plenty of other places to rent with better landlords. tell your current landlord after you have moved his problem then

[thailand49]

Depending on the size of your deposit and what is it worth to you to lose it?

Based on everything you have said yourself I would be looking for a another place to live because the bank tells you themselves?

 

As you noted you have a two year lease and the hardball facts the guy isn't going to return it to you regardless since he can't make the bank payments.  Just find a new place pack up and leave by the time he knows pay back is a b-t-ch.  Like another guy said <deleted> is he going to do?  That is how I look at it.

 

Now if you want to stay that is your business but you would be a fool to do so? even after I give you advice how to stop the leak. If you look at the bathroom floor and edges you will most likely see missing tile grout or crack, it is enough to cause water to leak down. Get yourself a small bag and mix and fill.  While it is drying go look for a new place.  A few baht and time.

Edited November 22, 2016 by thailand49

[csabo]

9 hours ago, madmax2 said:

OMG just find a new place to rent which should be easy to find and shift out and do not both telling your current landlord you are leaving, let him find a new tenant, if he can

 

And fill the toilet tanks with frozen fish before leaving

Edited November 22, 2016 by csabo

[Rimmer]

An inflammatory post has been removed, If you have a different point of view then lets hear it but a one word dismissal of a previous post is not discussing.

[Steiner]

9 hours ago, Oxx said:

With Thai rental contracts it's the tenant's responsibility to maintain the property - not the landlord's, so yes, you're liable for the repairs.  Expect the landlord, quite legally, to deduct the cost of getting the leak fixed from your deposit.

This is one of the dumbest things I've ever read.  I've never seen a contract here that makes the tenant responsible for building maintenance,  and what sort of idiot would sign such a contract! 

Complete nonsense,  I've rented thousands of properties in this city and no one has even attempted to have this in the contract. 

[Steiner]

What about your agent?  (please tell me you didn't rent directly from the owner!) 

Your best way forward is to get a price for the work to stop the leak. 

Then inform the landlord that this is the cost to repair it,  and to help him out ;-)  you will have it repaired at this price and deduct it from the rent. 

Can't see him objecting to that. 

If he does you've got a bad un. 

[Oxx]

7 minutes ago, Steiner said:

This is one of the dumbest things I've ever read.  I've never seen a contract here that makes the tenant responsible for building maintenance,  and what sort of idiot would sign such a contract! 

Complete nonsense,  I've rented thousands of properties in this city and no one has even attempted to have this in the contract. 

 

I can only presume (a) that you are incapable of reading Thai, (b) you've never had anyone explain to you the details of a rental contracts here, (c) that you're exaggerating when you write "I've rented thousands of properties in this city".

[dansbkk]

Since they won't pay for repairs now and are short of money, your chances of even getting your deposit back are really small.  Cut your loses now and move or if you like the location suck it up, fix the problems out of pocket and stay until the end of the lease.

[Deepinthailand]

  10 hours ago, Oxx said:

With Thai rental contracts it's the tenant'sresponsibility to maintain the property - not the landlord's, so yes, you're liable for the repairs.  Expect the landlord, quite legally, to deduct the cost of getting the leak fixed from your deposit.

 

You are completely wrong any major leak or structural damage Is down to the Landlord. If the landlord refuses I would just get it done and deduct cost from monthly rent. As a back seat landlord we pay for all major leaks and any structural damage. along with major appliances ie Air cons. But we do always Advise tennants that the 6 monthly service is paid for by them (400bht) we supply the company who we always use.

[Oxx]

45 minutes ago, Deepinthailand said:

You are completely wrong any major leak or structural damage Is down to the Landlord. If the landlord refuses I would just get it done and deduct cost from monthly rent. As a back seat landlord we pay for all major leaks and any structural damage. along with major appliances ie Air cons. But we do always Advise tennants that the 6 monthly service is paid for by them (400bht) we supply the company who we always use.

 

As I wrote in response to a previous post by someone else:  "I can only presume (a) that you are incapable of reading Thai, (b) you've never had anyone explain to you the details of a rental contracts here".

 

If you believe I'm wrong, please post a copy  of standard domestic rental contract, in Thai, which states otherwise, pointing out the relevant clause.

 

You're not in Kansas any more, Toto.