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Answered3 years ago

Can my landlord call the police and immigration if I can't pay my last month's rent in Bangkok?

Thailand Bangkok rental agreements expat challenges visa issues immigration threats

Karin ******

OP

asked Jul 26, 2023

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Hi! 

I’m in a little bit of a situation and am unable to pay last month’s rent and will be leaving Bangkok already. My lease contract says if I am unable to pay within 30 days, they will lock me out and keep my stuff and auction it, etc. and that my two month’s deposit will be forfeited. 

I have left the property already and now the agent and condo office are threatening to call the police and immigration on me unless I settle the balance. 

I know it’s an horrible move, but I thought forfeiting 40,000 baht of deposit should be enough to compensate for the last month’s rent, etc. 

Question is, can they actually call the police and immigration on me? Contract only says repercussion is forfeiture of deposit. 

Also, they have been harrassing my friends who helped me move out and live in the same building that they’d report them to immigration. Can they do that?

Any advice? (Aside from paying the last month’s due, because I really can’t.) Thank you!

Answer summary

The situation involves a tenant in Bangkok who is unable to pay the last month's rent due to financial difficulties and has already vacated the property. The tenant's lease stipulates that they forfeit their deposit if they do not pay rent within 30 days. The landlord and condo management are threatening to report the tenant to the police and immigration unless the rent is settled, raising concerns about potential legal repercussions. However, numerous comments from users suggest that these threats are likely empty, indicating that the landlord can keep the deposit without additional claims against the tenant. The consensus is that unless the tenant has overstayed their visa or is otherwise in violation of immigration laws, they are unlikely to face significant legal issues for breaking the lease.

87 repliesnewest first

43

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John ********

John ********

Monthly rental amount is based on minimum 12 months rental. There are often different rates with much higher monthly rental for contracts on monthly and half-year basis. When not fulfilling 12months contract, Owners can rightfully claim that total rental (from day one) must be based on a higher monthly rental that could give an insufficient deposit!

I rented a place on monthly basis for 7 weeks. I could pay weekly fee of 6000 or monthly at

*****

. So I naturally paid 2months full.

2

Fra *****

Fra *****

Call on the police by yourself and confront them with the cops . reason is the threat they spoke out Make it sound and looking dramatic

0

Chulala **********

Chulala **********

Hi your case only civil case how the police involved in this?

0

Keith *******

Keith *******

Isn't this what the deposit is for?

0

Phil ********

Phil ********

What? So she gets a month free?

0

Keith *******

Keith *******

how do you figure? A two months deposit was made prior to moving in and she was only one month behind.

0

Keith *******

Keith *******

yea you're pretty thick I agree ...

0

Phil ********

Phil ********

🤦 thick as pig 💩

0

Keith *******

Keith *******

and the owner is up 20k ... kapish?

0

Phil ********

Phil ********

Yes its simple math, but obviously you haven't read all her comments.

40k lost for ending contract early.

20k in arrears for living there last month for free and not paying last months rent.

Kapish!

0

Keith *******

Keith *******

How do you figure she "owes" 20k if the deposit was 40k? The owner is actually up 20k. Good grief, it is simple math.

0

Phil ********

Phil ********

So she loses the 40k deposit for breaking the contract early by leaving after 8 months. Now owes 20k for living there rent free last month.

0

Mma *******

Mma *******

Yes!

1

Tulip ********

Tulip ********

no never. you obviously know nothing, deposit is not for running off.

1

Mma *******

Mma *******

They are 'more than' taken care of, with 2 months deposit. Visitors get fucked over every second here. 2 months deposit is enuff.

0

Keith *******

Keith *******

Obviously you have never rented a house or apartment before. The deposit is for any expenses not paid. That includes rent, damages or unpaid utilities. The deposit should be FULLY refundable upon leaving if there are no issues with the rented property.

0

Jo**

Jo**

Rent is rent. Down payment deposit is strictly deposit.

Rent due must be paid. Deposit cannot be used as the last month rent (esp. In breach of contract signed). The law on the west, or even in Aus, is even more strict on such matter.

0

Graham *******

Graham *******

They probably have to involve immigration because as far as the TM30 is concerned it no longer valid!

0

Amanda ****

Amanda ****

Normally in Bangkok rental pratice and most be in Lease Agreement is if you leave before lease end, owner will seize both 2 months deposit, also you have to pay last bill of rental fee, water, electricity.

Police can record what you do and immigration police can involve as you register TM30 on owner property.

If possible, just settle with them when you can pay it back to them, may be later when you can be able, running away is not help

0

Giacomo ******

Giacomo ******

Contracts say, that deposit can not be used to pay for rent. There is a reason for it.

1

Delvonte ********

Delvonte ********

For those who have always lived a life of privilege “Shit Happens.”. Get off of your holier than thou horses.

0

Tom *******

Tom *******

I don’t know what the problem is here. I don’t know what contract you signed, but a standard rental contract in Thailand as in other places says that, if you break the contract, you forfeit two months rent kept as a deposit. Unless you owe more than that 40,000 THB, for example, a huge electricity bill or something else, there’s actually nothing for the landlord to complain about. I own and rent out several properties in Bangkok so I know what I’m talking about. Good luck.

2

Phil ********

Phil ********

Read what she said. She's been living there free for the last month, so they do have something to complain about.

0

Tom *******

Tom *******

sorry I must’ve missed that. I thought I read that she’d already got help from others in the building to move out. Anyway, the landlord took 40,000 THB from the deposit so if they have any common sense, theyll simply accept the broken contract as it is and move on e.g. advertise it to find someone else. There’s actually no point in chasing a tenant after they’ve moved out. Waste of time.

1

Bill ********

Bill ********

Get a job!

1

Phil ********

Phil ********

Sounds like she had one and was working here illegally thats why shes getting threatened with immigration.

0

Giorgio *********

Giorgio *********

I think the issue is that she is breaking the contract 4 months earlier and they want her to pay for the whole 4 months ahead.

3

Guy **********

Guy **********

I’m sure u could sublease it if the contract allows …that way u wouldn’t lose ur deposit …even if u had to make it attractive and subsidize a small portion of it …u would be better off then now.

1

Paul *********

Paul *********

God I love Thailand. Don't pay your rent in England the government make the landlord take you to court and you can live in the property rent free for up to 6 months whilst the landlord loses rental income and has to pay expensive court fees whilst the tenant lives rent free. do the same in Thailand you lose all your belongings, and might get a visit from some local Thais. Pay your rent or if you can't give notice beforehand.

7

Phil ********

Phil ********

This is what one of my ex tenants in the UK done. She's paying back £12 a month for many years.

1

Paul *********

Paul *********

happened to a good mate of mine too mate he got nothing

0

Ian *****

Ian *****

Ignore em, you going anyway. That's what deposit is there for

1

Tony *******

Tony *******

You sound irresponsible. There are consequences in life.

3

Martyn ***********

Martyn ***********

Another point... Since may 2018 they should only be taking 1 month deposit? And I would pay 2 because they are notorious for wanting to pay it back...

0

Mma *******

Mma *******

They'll keep the deposit regardless, the deposit is more than enough- they should be happy. Forget it and move on, don't worry about the 'fake' bluffs.

1

Thomas *******

Thomas *******

Another Karen, selfish and clueless.

Hope you enjoyed your trip, because you're not welcome back.

3

Mma *******

Mma *******

Rubbish more like another visitor getting harassed and bullied.

2

Thomas *******

Thomas *******

, she's a bum ,pay your bills

3

Jeff *******

Jeff *******

skint mate

1

Thomas *******

Thomas *******

, give her your money

1

Jeff *******

Jeff *******

maybe u could lend her some of your money, will save u spending it all on brasses 🤣

0

Nick ****************

Nick ****************

If it’s the final months rent that’s due and you have 30 days to pay it then the legally due date for all debts to be settled is the 5th of the month following. So your lease will have ended when the final date arrives. If they go to court the judge will order that the final month is taken from the deposit and the balance returned to you to settle any bills outstanding.

The landlord won’t risk it. He will pocket the 40,000 and walk.

1

Karin ******

Karin ******

OP

, hi! I forgot to mention, and not sure if this is a factor, I’m terminating contract early, not completing the one year agreement. I have like 4 months on it left.

And you’re right from the last non-payment I have 30 days to settle, else the contract is terminated and they keep the deposit. That is what I’m trying to do at least.

But now they’re threatening me for not paying the last month. So they want me to pay the last month’s rent and keep the two months’ deposit. 🥲

0

Phil ********

Phil ********

Oh so theres more to the story then. Well then yes you are legally required to pay the month you stayed there for free and they are in their rights to keep the deposit as you are leaving early.

Also, how have you been able to pay a 40k deposit and pay 8 months rent at 160k, but now don't even have 20k to pay the rent?

Working illegally here? Is that why they are threatening you with immigration?

8 months on a tourist visa? I don't think so.

Border runs to stay longer?

Now there's a can of worms opened.

0

Eric *******

Eric *******

Stop over thinking it, your situation is extremely simple.

- You left before your 1 year contract ended

It's not a crime and nothing external to the situation can happen to you because of it, but it has simple consequences. It's actually written in full letters in the contract, in this case, they just keep the entire deposit.

Just cut your loses on that, it's gone, there is no need to write a book on it, it's totally legal, it's their prerogative. End of this first chapter.

- You didn't pay your last rent (or two last months).

That's not nice of you, that's not a good thing to do as you're not respecting your part of the contract as a tenant, which indeed consists in paying your rent.

But, the amount of money you owe them is INFERIOR to the amount of money they already HOLD as a DEPOSIT.

So the situation is extremely clear there as well .

1. They could already legally keep your deposit because you left before the contract ended.

2. You don't owe them anything else because the DEPOSIT money COVERS the rent(s) due, which is exactly what a deposit is made for in the first place (compensating the landlord for any inconvenience, damages, faults, lacks, etc..., from or caused by the tenant).

3. You can't get what would be left from the deposit after covering the rent(s) due without going to court, which you know you won't do.

You can't have a cake and eat it too.

4. The landlord CAN'T claim or get any extra compensation (EVEN IN COURT) due to THE.simple FACT that the deposit he HOLDS already, covers ENTIRELY the money you OWNED him with the rent(s).

And the landlord will never go to court in this particular situation, cause he would be asked to give you back the balance between the deposit and the money you owed him in rent.

So, here again, there is no need to overthink it, chapter 2 closed as well.

You can leave the country, nothing is going to be in your record for that.

You didn't commit any crime. You don't owe anybody any money, IN THIS CASE.

End of your drama.

Bon voyage retour.

0

Mark ********

Mark ********

You sound like a pain in the ass tenant.

6

Nick ****************

Nick ****************

if you are terminating early then yes you forgo the bond (deposit) if you have stayed any days of the current month then you do legally owe the rent. Sorry.

3

Karin ******

Karin ******

OP

Good morning, everyone! Thank you for your insights. I am going there this morning to return the keys to the juris office.

I hope they won’t hold me for the last month’s rent which I imagine they cannot do.

For additional information, might be important: They really do plan to keep the deposit because I’m terminating the contract early.

At this point, I really just cannot make last month’s rent so I was hoping to just forfeit the two month’s deposit.

0

Wayne *********

Wayne *********

your 1 month behind in payment, your giving notice, so what do they get from you breaching the contract by 4 months ? Just 1 months deposit ? Back home you be liable for the whole 4 months or until the unit was re-leased.

4

Delvonte ********

Delvonte ********

@Wayne ********

depends on your country. Im sure in America that would be considered illegal

1

Wayne *********

Wayne *********

@Arnold *********

Any decent person would pay what they owe and not run away from obligations of their lease. Makes a lease worthless if they can run away and not pay because as you say the court deems it illegal or unreasonable

1

Wayne *********

Wayne *********

@Arnold *********

we are talking Thailand who cares about the states. I simply quoted what happens in my home country and they will chase you through court and get paid.

1

Delvonte ********

Delvonte ********

@Wayne ********

Civil cases are not criminal. If I sign a contract and violate it I've violated the contract NOT the law. Adding things in a contract that are illegal are simply discarded once in court because they are illegal or unreasonable requests.

0

Wayne *********

Wayne *********

@Arnold *********

probably also illegal to break a lease in many countries and not pay

1

Frank **********

Frank **********

You don't have anyone who can wire you the money to pay your rent?

0

Karin ******

Karin ******

OP

, unfortunately no. Also, I was hoping I can just forfeit two month’s worth of deposit for all this.

0

Frank **********

Frank **********

right. I understand. Sounds like the landlord is being difficult.

0

Jeremy ********

Jeremy ********

Why stay in the sane building when you can easily find an apartment for rent in the ฿1,500 - ฿2,500 range per month…time to downsize

1

Chris ********

Chris ********

@Jeremy *******

I'm curious where these apartments are in BKK 😁

3

John ******

John ******

You'll likely be well overcharged for water and electricity.

0

Jeremy ********

Jeremy ********

here you go

****************************

2

Jeremy ********

Jeremy ********

you can purchase a Cooler, ice daily and a cheap fan, rig up some PVC pipes as exhausts and you have a poor mans Aircon

1

Chris ********

Chris ********

@Jeremy *******

I don't mind that at all. Air-con is all I care about

0

Jeremy ********

Jeremy ********

some have some don't have...but almost all at this price point don't have lifts so the higher you go the less the rent...but the more you have to carry your bags and groceries....

1

Chris ********

Chris ********

@Jeremy *******

Thanks man, your saving me some dough 😁🙏 any with air-con? 😄

0

John *******

John *******

This is why foreigners get a bad rap because of grubs like yourself if the situation was reversed iam sure you would pissed pay your dews and give them the money which is rightfully theirs they have your deposit leave the country don't come back simple

8

Dale *******

Dale *******

get back in ya box. Asking for advice doesn't require your abuse Grub

1

John *******

John *******

yeah that's right asking for advice and I gave it cck breath

0

Dale *******

Dale *******

typical Aussie dick

1

Edna *******

Edna *******

Tough spot bud. When it comes to money Thais are pretty aggressive, if it’s theirs or not theirs. Consider the save face ingrained culture.

Why can’t you pay? Do you have anything coming in soon? Any way you can pay them with time? Question why didn’t you tell them your dilemma ahead of time? You may have been able to work something out instead of leaving? Are you on the street now?

Contact the foreign tourist department , available to help and advise you.

0

Bonnie *******

Bonnie *******

If it were me I would just leave the country

1

Karin ******

Karin ******

OP

, I am about to. But of course would love to have a clean exit and be able to come back. 🥹

1

Mark ********

Mark ********

You can't have it all ways.

0

Sam ********

Sam ********

They already have the last months due within the security deposit. Let them take the amount and settle the difference. They can make the threats and if you do get a police visit I’m sure it’s not in a formal capacity. Probably just a cousin or relative but nevertheless, argue the fact that if you are made to pay then they have to give you back the deposit immediately. Which they won’t. Then argue the fact that they will have to just take last month out of the security deposit and refund the rest. 🙏🏻

6

Karin ******

Karin ******

OP

, thank you! I definitely have more money in the deposit than what I owe. I’m terminating the contract early so I will just forfeit getting the deposit back.

0

Alex *******

Alex *******

Civil issue. Police or immigration are just empty threats. The only thing they could do is take you to court which is not financially viable. You have nothing to worry about.

11

Nick *********

Nick *********

bullshit I've watched foreigners get forced to pay there over due rent by the police in Pattaya at the police station.

2

Delvonte ********

Delvonte ********

Nick Edwards forced. I thought the custom of the world is to settle civil disputes in court? Im sure Thailand is no different

0

Jaye ********

Jaye ********

Nick Edwards That's a crime and they could sue the police. Don't confuse corruption with lawful intervention.

0

Maxim ***********

Maxim ***********

Most likely they were gonna keep the deposit no matter what, like a lot do, so you dodged a bullet.

9

Phil ********

Phil ********

Immigration wont do anything unless your an illegal immigrant / over stayed etc.

The Police can get involved if the owner pays them too, but what are they going to do if your already gone? Nothing.

As far as keeping your personal belongings and auctioning them off what do they know you own? Your clothes and toothbrush? Doubt they'll be interested in that.

Did the place come fully furnished? It probably did as most places here do. Issue might be that they empty the place and say you stole everything. Hope you took photos of before you moved in and after your moonlight flip.

0

Karin ******

Karin ******

OP

, hi! I did take videos and will visit the unit again today with condo admin so they see it is left in a good state.

I am not overstaying so I wonder what they would have on me or my friend with the immigration threat.

1

Kool *******

Kool *******

I suggest, if you already have all your stuff out of the unit, that you just stay away from them. You are asking for trouble by further confronting them. Take it as a loss and move on. There is nothing they can do actually. This is the off season so any way they can try to get rents is tried, including intimidation. Move on and forget it.

3

Phil ********

Phil ********

Exactly 👍

0

Graham ******

Graham ******

Why report to Immigration, are you on Overstay and, if so, how do they know?

1

Karin ******

Karin ******

OP

, hi! No, I’m not overstaying. I still have my work visa valid.

Will they be able to do anything about it?

1

Johnny ******

Johnny ******

no, they won't

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