My owner wants me out! Security of tenure

[thecolonel]

I have a 12 month lease on a condo unit in town with 8 months to go. I pay my rent and utilities bang on time, i am a model tenant etc etc

I recently offered my owner a new much longer lease with less flexibility( i can currently break on short notice) 6 months rent upfront but in return for a lower rental

He went crazy! Bottom line is he wants me out as he claims to have a new tenant who is offering better terms than i currently pay and for longer committment etc etc

Obviously i have a written signed lease that says im here for another 8 months at X rent etc

But my question to this forum is .....how secure is my position(called security of tenure in English Property law)

He's agiatating to get me out( or negotiating to get me to pay more, see below) but can i stand behind my lease, be protected and say you cant touch me?

He even invited me to call the Police if i didnt like what he was saying. That worries me that he has 'friends'

How does it work in Thailand? Has anyone got any advice or stories that might help

Should i get a lawyer on board? Will that do any good?

It goes without saying that one option is to cut a deal with him but he's currently being very unrealistic in this current market, so putting that aside i want to know where i stand??

TIA

[Dannie Boy]

Hopefully you’ll get something more accurate but just remember this is Thailand and we’re all here by permission. Nearly every Thai knows somebody who knows somebody, who knows how to make life difficult for you. I’m not saying run just yet, but I’d certainly be looking for alternatives just in case.


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[handdrummer]

In Thailand, if you're a foreigner, what's on paper is worth the value of the paper.
All you're going to get on this forum are opinions, talk to a lawyer. I think that there is a law firm listed on this forum.

[Big Boy]

http://www.huahinmedia.com/chavalitfinch.php

[thecolonel]

In Thailand, if you're a foreigner, what's on paper is worth the value of the paper.
All you're going to get on this forum are opinions, talk to a lawyer. I think that there is a law firm listed on this forum.

True, but those opinions may well be based on actual facts.

In other words someone may well have been in my position, consulted a lawyer and was protected by their lease. Or, conversely they may have found in reality their lease was worthless.

I have already consulted a lawyer briefly and she says I'm protected. But I get the feeling she may be a legal translator. I will know more on Monday

But I would equally like to hear of actual cases like mine.

I'm sure someone must have been in this same situation ie owner wants you out because he thinks he can make more money.....





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[Thailightzone]

In Thailand, if you're a foreigner, what's on paper is worth the value of the paper.
All you're going to get on this forum are opinions, talk to a lawyer. I think that there is a law firm listed on this forum.

Yes I have seen this paper for sale in 7-eleven, I think it's called Scotts 3-ply extra soft.

[Thailightzone]

Colonel this is interesting topic because I have wondered the same. My current landlord is Farang (not to say that makes him any more reasonable), but I often wondered if my circumstances required a quick & long term return to Australia what would my options be regard obligations to rent. Like you I am a good tenant and would honour agreements, but What would happen if this occurred 2 months into my year? I would hope a fair resolution could be found.

[thecolonel]

Colonel this is interesting topic because I have wondered the same. My current landlord is Farang (not to say that makes him any more reasonable), but I often wondered if my circumstances required a quick & long term return to Australia what would my options be regard obligations to rent. Like you I am a good tenant and would honour agreements, but What would happen if this occurred 2 months into my year? I would hope a fair resolution could be found.

Simple, if you quit your agreement 'early' you lose your deposit money(which is typically 1 months rent) that is standard in Thailand.




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[thecolonel]

In Thailand, if you're a foreigner, what's on paper is worth the value of the paper.
All you're going to get on this forum are opinions, talk to a lawyer. I think that there is a law firm listed on this forum.

Yes I have seen this paper for sale in 7-eleven, I think it's called Scotts 3-ply extra soft.

But are these comments based on actual real events?

Do you know someone who had a lease but Landlord just re-let for higher price and threw them out?

That's what I'm looking for

Thanks

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[Thailightzone]

But are these comments based on actual real events?

Do you know someone who had a lease but Landlord just re-let for higher price and threw them out?

That's what I'm looking for

Thanks

No I do not sorry

[Dannie Boy]

With so much available accommodation I’d be very surprised if you can’t find something similar at the rent you want to pay and I’d certainly be looking for such, especially if the lawyers end up not offering too much help - the last thing you want to do is end up in expensive litigation when the “perfect” accommodation may be just around the corner from where you are now.

[thecolonel]

With so much available accommodation I’d be very surprised if you can’t find something similar at the rent you want to pay and I’d certainly be looking for such, especially if the lawyers end up not offering too much help - the last thing you want to do is end up in expensive litigation when the “perfect” accommodation may be just around the corner from where you are now.

Youre right, that's sensible advice and I am already working on plan B.

However it doesn't answer my specific question per se, which is do I have the right to stay?

Ideally looking for someone to tell a similar story, owner wanted them out but could not as protected by lease. Or indeed the opposite!

I'd like this as well as a legal opinion (tomorrow) to get a balanced view

Many thanks




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[Dannie Boy]

With so much available accommodation I’d be very surprised if you can’t find something similar at the rent you want to pay and I’d certainly be looking for such, especially if the lawyers end up not offering too much help - the last thing you want to do is end up in expensive litigation when the “perfect” accommodation may be just around the corner from where you are now.

Youre right, that's sensible advice and I am already working on plan B.

However it doesn't answer my specific question per se, which is do I have the right to stay?

Ideally looking for someone to tell a similar story, owner wanted them out but could not as protected by lease. Or indeed the opposite!

I'd like this as well as a legal opinion (tomorrow) to get a balanced view

Many thanks




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I doubt that a precedent can be reliably established here in Thailand - it’s very much a case of who you know rather than what you know. Of course it’s worth looking in to, but as I mentioned previously, be wary of spending more than a small amount because it could be money down the drain


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[thecolonel]

With so much available accommodation I’d be very surprised if you can’t find something similar at the rent you want to pay and I’d certainly be looking for such, especially if the lawyers end up not offering too much help - the last thing you want to do is end up in expensive litigation when the “perfect” accommodation may be just around the corner from where you are now.

Youre right, that's sensible advice and I am already working on plan B.

However it doesn't answer my specific question per se, which is do I have the right to stay?

Ideally looking for someone to tell a similar story, owner wanted them out but could not as protected by lease. Or indeed the opposite!

I'd like this as well as a legal opinion (tomorrow) to get a balanced view

Many thanks




Sent from my M2007J20CT using Tapatalk

I doubt that a precedent can be reliably established here in Thailand - it’s very much a case of who you know rather than what you know. Of course it’s worth looking in to, but as I mentioned previously, be wary of spending more than a small amount because it could be money down the drain


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Again I agree with you.

Whilst I'm looking for such precedents i wouldn't rely on them 100% whichever way they went.

For example just because one owner failed to get Mr X out doesn't mean mine can't get me out. A lot depends on who he knows and how determined he is.

Nonetheless I'm seeking as much information and knowledge as possible whilst also keeping my options open. So I'd still like to hear of any real cases if possible

Thanks Dannie

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[Robinhood]

Hi Colonel,
I read your post yesterday and was surprised at how you framed the question. Surely, your security if you continue to be a model tenant will be 8 months.

If I have read this right "I recently offered my owner a new much longer lease with less flexibility( I can currently break on short notice) 6 months rent upfront but in return for a lower rental" You proposed a rent decrease!
Look at it from your landlords point of view, he might want to sell the house in 9 months time or give it to his niece who is getting married to a diplomat.
You are asking your landlord to reduce his options and proposing a rent decrease for the privilege!
Presumably, the reason you want to stay is you really like the house and it's reasonably priced.
My advice, for what it's worth, is forget lawyers, which will make you miserable during the remaining 8 months of your contract. Apologise to your landlord and offer to pay a little bit more for the length of contract your want.
If he doesn't seem interested, you've 8 months to find something similar.

Robin.

PS. I rent out a property in the UK, my tenants wanted a longer agreement for their of peace of mind. This reduced my flexibility but I could see it from their perspective and agreed for a small monthly increase.