Third party renting out house under 1 month. Legal?

[zib]

I had an agency contact me that wanted to rent my house for 1+ years. They will in turn rent it out how they please. So even if the house stands empty in the high season I still get a steady income.

 

If they decide, without my knowledge, to rent it out to customers under 1 month and therefor violate the Hotel Act is the company that owns the house or the agency liable?

 

I will include a clause in the contract saying they have to do 1month+ customers only but I will have no way of confirming that the honor it.

 

Does anyone know?

 

Thank you

 

 

[blackcab]

"...is the company that owns the house or the agency liable?"

 

Both, however it might well be easier to go after your company directors rather than an agent who has just disappeared into thin air.

 

I am sure you know that from your side the contract must be signed by the correct number in directors in order to bind the company.

 

From their side, if the agent is a sole trader then make sure you get a signed copy of the agent's ID card along with the signed contract.

 

If the agent is a limited company you will need a recent copy of their DBD which will list the names of the directors and how many need to sign in order to bind their company.

 

You would also need a copy of the ID card of each director that signs. 

[craigt3365]

This has become quite popular here.  They rent your house out by the day (or so) to locals who bring in lots of people and throw parties.  Most times it works out OK and the money is really good.  Sometimes, it doesn't work out OK.  Especially when the party is busted and drugs are found.

[Hans Rayong]

I have the same problem with my neighbor, 5 to 10 rich Thai men come with hired prostitutes and have party all night.

Complained to the police, Amphur, Pattaya City and others. Nothing more has happened than mediation has taken place.

Now I will sue him for criminal activity. In order not to be detained and imprisoned waiting for triel he has to pay bail and may not leave the country until a trial in the Supreme Court has ended in 8 to 10 years.

[blackcab]

14 hours ago, Hans Rayong said:

I have the same problem with my neighbor, 5 to 10 rich Thai men come with hired prostitutes and have party all night.

Complained to the police, Amphur, Pattaya City and others. Nothing more has happened than mediation has taken place.

Now I will sue him for criminal activity. In order not to be detained and imprisoned waiting for triel he has to pay bail and may not leave the country until a trial in the Supreme Court has ended in 8 to 10 years.

 

This sounds interesting. What criminal activity are you going to sue for? Who are you going to sue?

[KittenKong]

17 hours ago, Hans Rayong said:

I have the same problem with my neighbor, 5 to 10 rich Thai men come with hired prostitutes and have party all night.

Complained to the police, Amphur, Pattaya City and others. Nothing more has happened than mediation has taken place.

Now I will sue him for criminal activity.

 

Be careful. People have died here for less.

[speedtripler]

On 20/07/2017 at 3:35 AM, blackcab said:

 

This sounds interesting. What criminal activity are you going to sue for? Who are you going to sue?

 

On 19/07/2017 at 1:21 PM, Hans Rayong said:

I have the same problem with my neighbor, 5 to 10 rich Thai men come with hired prostitutes and have party all night.

Complained to the police, Amphur, Pattaya City and others. Nothing more has happened than mediation has taken place.

Now I will sue him for criminal activity. In order not to be detained and imprisoned waiting for triel he has to pay bail and may not leave the country until a trial in the Supreme Court has ended in 8 to 10 years.

10 rich Thai men will be able to get rid of you a lot easier than you will be able to get rid of them....

[inThailand]

If your rental contract is for more than a month and it states the lessee will adhere to the law, then is it your problem if they violate the Hotel Act? But if they are found out violating the law, your company most likely will be investigated as well, ie did your company pay taxes on the rental income. 

[Hans Rayong]

On 2017-07-22 at 2:00 AM, speedtripler said:

 

10 rich Thai men will be able to get rid of you a lot easier than you will be able to get rid of them....

Banglamung Police have become angry with these rich Thai people from Bangkok. The police have set up a box with a notebook in it. A policeman comes several times a day, checking that everything is fine, and then he writes his name, date and time in  the notebook. 

I also have a guard 24/7  10 meters from my house.

[speedtripler]

2 hours ago, Hans Rayong said:

Banglamung Police have become angry with these rich Thai people from Bangkok. The police have set up a box with a notebook in it. A policeman comes several times a day, checking that everything is fine, and then he writes his name, date and time in  the notebook. 

I also have a guard 24/7  10 meters from my house.

 

I bet the guard will be gone on coffee break when you get killed... 

[xylophone]

On 7/18/2017 at 2:45 AM, blackcab said:

...is the company that owns the house or the agency liable?"

 

Both, however it might well be easier to go after your company directors rather than an agent who has just disappeared into thin air.

This is part of a good post by "blackcab" and it does lead on to something else which you may want to consider.........

 

You say that your house is owned by a company and as you know there are many farangs who have bought houses here through the "company route" where the Thai directors are in fact nominee shareholders who at some time hand over (sell) their shareholding to you, thereby supposedly making you the "owner" of the house.

 

The problem with this is that it is illegal and if a situation arises in which you will need to take legal action (or someone takes it against you), then the above-mentioned aspect could well work against you, as it has with a friend of mine, and you could lose everything or face a very big fine.

 

Think carefully about this.

[Hans Rayong]

4 hours ago, speedtripler said:

 

I bet the guard will be gone on coffee break when you get killed... 

My wife has a licensed gun.

[speedtripler]

5 hours ago, Hans Rayong said:

My wife has a licensed gun.

Man with a plan, I like it! 

[Hans Rayong]

Does not understand why most foreigners living in Thailand think all Thai are killers. They believe that all Thai people resolve a conflict with a foreigner by killing the foreigner. My suggestion is that you move home so you do not have to meet any Thai people.

[KittenKong]

19 hours ago, Hans Rayong said:

Does not understand why most foreigners living in Thailand think all Thai are killers. They believe that all Thai people resolve a conflict with a foreigner by killing the foreigner.

 

They are not all killers. But hired killers and thugs are more plentiful here (and much cheaper) than in most Western countries. Also I have heard more personal complaints here of farangs getting "roughed up" or threatened by Thais than I ever heard of in the West, but maybe that's just coincidence. And just reading the local news makes it fairly clear that many "businessmen" here wont hesitate to use force to get their way.

 

 

19 hours ago, Hans Rayong said:

My suggestion is that you move home so you do not have to meet any Thai people.

 

No need. I manage quite nicely simply by not getting involved in business deals with Thais and not having any personal relationships with Thais. I've never seen any advantage in doing either anyway, so it's no loss at all for me.