expelled from my flat and deposit kept

[wprime]

Daily rentals are illegal, they have every right to kick you out of the condo for using it for illegal purposes.

 

They can keep a part or all of your deposit up to their total losses as a result of your illegal actions which can include government fines, suan klang penalties and damage to the condo. If you have a lease in place with a required notice period or lease length, they can also claim loss of rental income from you for the the period between when they kicked you out and when a new tenant is found.

 

You have the right to request they substantiate the costs but it's purely civil so the cost of enforcing it would be on you (not worth it).

Edited January 30, 2017 by wprime

[newnative]

On ‎26‎/‎1‎/‎2560 at 0:43 AM, George FmplesdaCosteedback said:

You screwed up. Plus you have ruined somebody else's holiday.

Go back to France where you belong, 1st class idiot.

Som nam nar (servers you right).

No sympathy here for the sub-renter.  He likely knew he was breaking the law, too.  Most places, sub-renting is illegal--and especially for just a few days.  All those people booking condo rentals for a few days on Airbnb and the like know they are breaking the law but they are doing it anyway. So, if it comes back to bite them, serves them right. Staying somewhere for a few days? Book a HOTEL. That's what they are there for.  We don't want you in our condos.

[lungnorm]

On 1/25/2017 at 11:31 AM, Jonathan Swift said:

Well you learned two lessons. One is about rental contracts and the risks of subletting. The other is that this forum is populated by ignorant, shallow, prejudiced, bigoted, mean spirited know nothings, of the type that voted for Trump in the USA, and they take pleasure in the misfortunes of people like you. So if you post here expect to weed through buckets of verbal diarrhea in order to get any useful advice if there is any. But the best advice for this would come from a Thai lawyer. I wouldn't waste time throwing my problems in front of this forum like raw meat to hyenas, these people are not experts, all they know, if anything, comes from personal experiences, which may or may not be useful. Just as much of what is said here is speculation or flat out made up.I have read this forum long enough to know there is no useful advice for me here that I can count on, and I seek info elsewhere, mostly from long time expats whose credibility I can size up in person. Good luck to you friend

Including yourself.

[Wonderboy]

 
I have another question, a bit off topic admittedly: Are any of these rental contacts, written in a foreign language, really legally enforceable in a Thai Court? Wouldn't they just throw out a contact not written in Thai and not understandable to the court?
I can't imagine in an English speaking country a court accepting documents for evidence submitted in the Thai language?
Aren't these just 'Rental Agreements' (i.e a 'Gentleman's Agreement', depending on a degree of trust and honesty) and not legally enforceable contracts? 

Contract can be in any language, you just need to present a verified, notarized translation to the court.

WB

[easybullet3]

in Thailand, the paper that you sign means EVERYTHING.

this is your private and legally binding contract between you and the office.

did you actually sign anything?

you have to be 100% sure of this.

you can go to the office and ask to see your contract that you signed.

they have no right to THROW YOU OUT and Keep your deposit.

BUT: you have broken thai government law by subletting your room without permission from the owner.

I know that in MOST cases you can sublet to friends casually. and nobody will know.

BUT you did this through a website and you should have told the person that they must NOT tell the office about this.

you should have made your "story" better between you and the person.. so then he knows what "story" to tell the office.

also: in thailand it is illegal to rent a condo room for less than 30 days.

 

i am pretty sure that your condo office would make you sign something, coz what protection do they have if you dont pay your rent on time? or if you pay your rent 5 weeks late ? or if you damage the room ?

so i am sure there was "something" that you signed.

you can ask the office to see their copy of what you signed.

 

if you did sign something which talks about Losing your deposit for 'some reasons' then they can do it.

 

another thing:

It does not say on the contract that you will be thrown out of your condo if you use the room as a drug dealing place.

but of course this would break Thai National Law and so its not necessary for them to put it in their contract with you.

and its the same thing with Sub-Letting your room...  you cant do this without owners permission (by thai law) and even if you did have their permission, it is also illegal to sublet LESS THAN 30 days.

 

so,, in the Same way as the drug dealing example, you have broken thai law and they can call the police.

 

The truth is that you would still be entitled to asking for your deposit and belongings back, and the police may be able to help you with that too... but the police will also help the condo with your law-breaking!! so it may be risky for you to do this.

 

if you really signed nothing. or if you signed a contract which says nothing about their rules or if you signed a contract which says nothing about the situations where they can keep your deposit, then you have every right to claim back your money from them because it will be stealing.

 

if you had the right to live in this room at the time of the problem, then you are the tenant.

and it is illegal for anyone to enter your room WITHOUT YOUR PERMISSION in thailand.

and it is illegal to take someones property.

 

here are the LINKS (in English) to the Thai Laws concerned:

 

TRESSPASSING  (section: 362)

http://library.siam-legal.com/thai-law/criminal-code-trespass-sections-362-366/

(and if they did this at NIGHT TIME) then the punishment is bigger (section 365).

 

THEFT:  (section: 334 and section 335-subsection 8).

http://library.siam-legal.com/thai-law/criminal-code-theft-sections-334-336-2/

 

i have ALSO attached these same 2 laws in Thai language at the END of my post so you can show it to the office.

 

BUT:

Realistically, even that you have this law on your side, you pissed them off by subletting,, and even they didnt tell you about it, it is actually against Thai Law. 

They COULD tell the police or report you,, and you wont get put in Jail, but they can negotiate between you and the police.

Also: to enforce these laws, you would have to go to court,, which can take MONTHS or even a YEAR !!!

and once the judge makes their decision, then you need they can still ignore it and then you need to get the police to help you enforce the judge decision.

this will also be the same process for the office to take you to court.

 

but,, because the office has YOUR money,,, then you are the one who has to do this painful long process. so they dont care.

and you can call the police,, but they may not help you.

 

you need to see what you signed.

thats the most important part.

 

after you are SURE that you signed nothing which allows you to keep your deposit, then you can show them the law sections and that you want to NEGOTIATE with them.

 

Tell them that you are sorry for subletting to this person and you didnt know Thai Law.

but you can say they do not have the right to keep your deposit and kick you out suddenly because there is no mention of this in your contract,, and you can show them the thai law documents and you can say that you will REPORT this to the Police.

 

you will need the THAI NAME of the person that entered your room and the Thai name of the person that authorized this event.

you need to report it within 90 days of the event.

when you report a theft or trespassing to the police, then it is up to the police if they want to file charges.

if the police file charges against the thai person in your office they face going to court and going to jail.

 

but you also need to know thai laws about Renting in Thailand.

deposit money can NOT be used for paying electric, water or the final month rent. 

That is a BIG LAW, because deposit money is ONLY for damages etc.

 

i am not a lawyer, but i have had friends with similar situations before and my friend is a lawyer and she told me all this info before.

 

But, do remember,, you also broke thai law with your subletting !

so if you report them to the police, they can also report you and you can also be taken to court (by the thai police) and you can get a BIG FINE or something.

 

your BEST method would be to be smart and Negotiate Politely with the office.

Apologize for your mistakes and ask to negotiate the rent and show the law to help you.

 

However, if you signed a contract, you need to READ IT EXACTLY.

anything written in the contract will be 100% LEGAL.

 

 

Here are the SAME laws in Thai Language:

Edited February 13, 2017 by easybullet3

[simon43]

The tenant screw up ...

 

Where did the tenant screw up?

 

Ah I understand.  The tenant told the apartment office that they had rented on Airbnb, whereas you wanted to keep that a secret....

 

Now I understand 

 

 

[newnative]

10 hours ago, simon43 said:

 

 

 

Where did the tenant screw up?

 

Ah I understand.  The tenant told the apartment office that they had rented on Airbnb, whereas you wanted to keep that a secret....

 

Now I understand 

 

 

Yes. They want to keep it a secret because they are breaking Thai law.

[Dipterocarp]

Ah the memories! University town in States 28 years ago. 6 friends living in a huge a 4 bedroom plus loft in a nice Apartment Complex. Leonard, Trump junior type instigator suggested to casually sublet to summer students while we were all pissing off elsewhere. Problem is oil and water do not mix. Leonard set up undergrad party party frat boys upstairs and downstairs a bookish graduate student from China with peasant wife. They did not get along. Management found out. Guess what? They terminated lease for cause, kept deposit, THREW OUT ALL OUR STUFF, and threatened legal action.

 

Bad idea then and there still worse idea in Thailand to sublet a what is basically a hotel room. Then illegal AirBnB ad and causing potential immigration violation for actual owners. Don't waste your money on a lawyer OP,  live and learn. 

Edited March 29, 2017 by Dipterocarp