Classic deposit scam

[hobz]

Hi guys,

 

I am currently fighting to get the deposit money back from my previous landlord (condominium rental).

 

So the deposit was 36000, 12000*2 for deposit + 12000 first months rent.

 

We moved out the last day of March.

 

First she said they need to check the room, a couple of weeks went by. 

Then I asked again, and they we owe a months rent, and I explained that we paid in advance.

This went back and forth until today.

 

Today she admitted that she owes me 24000. 

BUT, Today she said again that she needs to check the room first.

 

It's been 2 months since we moved out. Can she really postpone checking the room this late?

 

According to our contract it says that she has up to 30 days to pay back the deposit. Because this way she can check for unpaid utility bills etc.

 

The condo was rented in Chiang Mai. The owner lives in Bangkok. Everything has been done by agents etc. 

She claims she is really busy and don't know when she can go to Chiang Mai to check.

 

I think that's not my problem and that she is in breach of the contract right now. 

 

Should I wait for her to go there and I guess she will make up a bunch of damage.. Or should I to the police or something immidately to get a head start in the case? Do I even have a case? 

 

At first I just assumed I wouldn't get anything back, but now I'm starting to feel like I have a strong case because her stupid inability to check the room. She has known for like 5 months that we were going to move out end of March etc. She can not have any justification for not checking the room...advice?

 

 

Edited May 24, 2017 by hobz

[trogers]

She simply does not have the money to return, having spent them early in the contract.

[hobz]

1 minute ago, trogers said:

She simply does not have the money to return, having spent them early in the contract.

Possible. Are you suggesting that I lay low and just wait until the next tenant deposits at which point she would have the money? 

[trogers]

27 minutes ago, hobz said:

Possible. Are you suggesting that I lay low and just wait until the next tenant deposits at which point she would have the money? 

The only low cost way to get back your deposit. But given the oversupply in the market, it could be a 6-month wait.

[hobz]

25 minutes ago, trogers said:

The only low cost way to get back your deposit. But given the oversupply in the market, it could be a 6-month wait.

Yeah, about that, mate, you looking for a place to rent in chiang mai? Its a lovely condo and The owner is a saint, first month 12000 and 2 month deposit. Let me know if you want a viewing

[KittenKong]

1 hour ago, hobz said:

Should I wait for her to go there and I guess she will make up a bunch of damage.. Or should I to the police or something immidately to get a head start in the case? Do I even have a case? 

 

Go and see the Office of Consumer Protection.

[Happy Grumpy]

Welcome to dealing with Thais.

 

Forget it and move on.

 

You will never get the money, it's gone. 

[trogers]

7 hours ago, hobz said:

Yeah, about that, mate, you looking for a place to rent in chiang mai? Its a lovely condo and The owner is a saint, first month 12000 and 2 month deposit. Let me know if you want a viewing

Thanks, but no. I, myself, is a landlord but in Bangkok...

[BEVUP]

Why are you dealing with the land lord as you stated that agents have handled this

Fair enough you may have had to deposit the money in the land lords account as there is no holding accounts like in the west

I would be drilling the Realestate agent as they should be inspecting & dealing with the owner - all you are doing is depositing into the owners account 

& from what I,ve heard I bet you had to pay the agent who found you the place

[Henryford]

This is Thailand you didn't really expect your deposit back did you?

[hobz]

1 minute ago, Henryford said:

This is Thailand you didn't really expect your deposit back did you?

Haha, i know, its funny how hope works... 

[hobz]

25 minutes ago, BEVUP said:

Why are you dealing with the land lord as you stated that agents have handled this

Fair enough you may have had to deposit the money in the land lords account as there is no holding accounts like in the west

I would be drilling the Realestate agent as they should be inspecting & dealing with the owner - all you are doing is depositing into the owners account 

& from what I,ve heard I bet you had to pay the agent who found you the place

Good advice, but i have decided to wait a while for her next move, i assume next up she will check the condo and make up a bunch of damage.

[trogers]

1 hour ago, hobz said:

Good advice, but i have decided to wait a while for her next move, i assume next up she will check the condo and make up a bunch of damage.

Doubt she will spend the money to go up to Chiang Mai, unless to sign the lease with a new tenant...

[hobz]

5 minutes ago, trogers said:

Doubt she will spend the money to go up to Chiang Mai, unless to sign the lease with a new tenant...

Well, the longer she waits the stronger my case gets. It will be pretty hard for her to explain why she hasn't checked the condo and still holding on to my money after say 6 months... 

 

But yeah, most likely she doesnt intend to go but she is just stalling until she gets a new tenant.

 

She didnt go to chiang mai when i moved in either.. I think her signature was obtained through agent somehow. Dont recall... 

[trogers]

I don't know the quality of her agent, but mine do advice and recommend to prospective tenants on the track records of the owners of the different units in a project.

[Khun Jean]

Send her a letter that states she owes you the money increased with interest every month after the 30 -day period.

This will the accumulate and will keep your side of the case current. Repeat sending letters every month and give her every month a one month time period to pay back the deposit.

Include the total amount each time specifying the original deposit amount and the interest until that time.

It will give you a bargaining opportunity in the future and you have proof she did nothing after repeatedly being asked.

[hobz]

14 minutes ago, Khun Jean said:

Send her a letter that states she owes you the money increased with interest every month after the 30 -day period.

This will the accumulate and will keep your side of the case current. Repeat sending letters every month and give her every month a one month time period to pay back the deposit.

Include the total amount each time specifying the original deposit amount and the interest until that time.

It will give you a bargaining opportunity in the future and you have proof she did nothing after repeatedly being asked.

Good idea, thank you.

Really like the idea that i will have the letters as some sort of proof etc.

 

 

But how do i set the interest rate?

[Khun Jean]

Keep the interest reasonable, like 1% per month. Easy to calculate. :)