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What are my legal rights as a foreign tenant with a noisy Condo in Thailand?

Condo Lease IssuesTenant Rights in ThailandNoise ComplaintsDeposit RefundsThai Landlord-Tenant RelationsRental Agreements
Aug 23, 2023
a year ago
Vaner *******
ORIGINAL POSTER
Hi dear

I rented a Condo and paid 33,000 baht as a deposit for 2 months and a month in advance.

After settling in the Condo, I realized that the pump for the pool on the 4th floor was working right on me.

I informed the owner, he says he renewed the pump and moved it to another point, but I still have a running engine sound above me.

It starts in the morning and continues until 9-10 in the evening.

The owner of the condo lives in the flat next to me and came and saw that the noise was continuing. When I reminded him of this, he said "the noise is unbearable" and stated that he paid 50,000 baht for the new pump and said "I have no other suitable flat. You can go if you wish, but I will not pay your deposit". What are my legal rights in this situation?
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TLDR : Answer Summary
The renter seeks advice on their legal rights regarding a noise issue from a pool pump in their rented condo in Thailand. After notifying the landlord, who acknowledged the noise but refused to refund the deposit, the renter is uncertain about their options. Community responses suggest referring to the lease agreement, considering legal action, or accepting the loss. Many emphasize the challenges foreigners face with landlords in Thailand, including the difficulty in recovering deposits.
André **********
Das ist normal das die Kaution nicht zurück gezahlt wird. Dafür ist es auch normal Verträge nicht einzuhalten egal was drin steht.
a year ago
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Dan ********
You have two options available to you...put up with it and stay,,or leave and lose your money...which one you find more painful should give you your decision
a year ago
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Roberto ************
if you have rented through an agency, call the agent immediately, otherwise make a video, record everything ... take the contract and go to a lawyer
a year ago
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Jeremy ********
Legal rights and Thailand 🤣🤣🤣🤣🤣…just move on and take the loss as a life lesson
a year ago
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Paul *******
I thinh OK if the deposit is then against the new apartment.
a year ago
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Dave *********
Don’t pay anymore tell him to take it from deposit as there’s a good chance of not seeing that again
a year ago
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Yuv *****
There should be a website with a list of all such nasty home owners in Thailand.
a year ago
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Darren ******
@Yuv ****
 illegal to comment badly about a Thai person.. people have been deported for it.
a year ago
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Rollo ************************
@Darren *****
 nothing says unable to face the 🎶 or handle the truth more than ridiculous laws or actions that quell dissent of free expression— 😏 Thanks for the heads up
a year ago
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Yuv *****
@Darren *****
 illegal comment doesn't matter if the person who posts it has done it anonymously and posted on a non Thai platform. The same message can be written in perfectly neutral language giving the same ingo
a year ago
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Darren ******
@Yuv ****
 what a load of ..... That was.

If someone who posts is anonymous how can anything be done about it 😂.

And yes , people have posted a review on fbook and booking .com and told to remove it .

The French guy a few months ago was kicked out of Thailand
a year ago
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Darren ******
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Sara ******
@Darren *****
 he wrote that landlord is German
a year ago
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Sara ******
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Yuv *****
We all learn from mistakes. However you can make life hell for him and others in the neighbourhood (while still being legal) in the last month.
a year ago
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John ********
Mind the balcony railing...
a year ago
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John ********
It’s Thailand, once you give money KISS IT GOODBYE. No matter what!
a year ago
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Terry ********
@John *******
 that’s really not true. I haven’t been in the OP’s situation but I’ve always gotten my deposit back. It can sometimes be challenging but you have to be persistent.
a year ago
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Terry ********
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Rei ***********
You will get used to it. Just consume what you paid and find another place.
a year ago
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Pete **********
Just annoy everyone in the nearby rooms with loud music
****
and see what happens when they all start complaining to the landlord. Maybe the potential loss of other tenants will change his mind!
a year ago
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Frank **********
@Pete *********
 the landlord will just throw him out and keep the deposit.
a year ago
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Frank **********
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Yiba *******
Welcome to Thailand
a year ago
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Andrea **********
if it makes you feel any better, people bought apartments and made worse discoveries than this
a year ago
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Darren ******
Legal rights in Thailand 😂🤣
a year ago
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Tullio *******
It is a breach of contract, as one of the conditions of all rental contracts is that you should be able to enjoy the property peacefully, this is not the case, therefore you just need to find a friendly lawyer to cite this in a letter and you will get your deposit back, if you used and agent seek his help, he made his commission so if he is willing to give it back (that is one of the reasons he doesn’t want to give the deposit back) and you rent again from him he might help.
a year ago
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Billy *******
Rent, never buy. See?
a year ago
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San ****
By experience, once you paid, as foreigners, there are no rights nor services anymore from Thai landlords. I could see 3 options:

1- stay there in accordance with the lease term and get deposit back (it's not sure the lanlord will refund you, it's becoming a nasty habit that Thai landlords keep deposits)

2- leave without the deposit for your peace of mind

3- find a lawyer, contact consumers protection association and fight

We opted 3rd option because we were so fed up with all these unfairness and nasty, bully behaviours of some Thai. Our friend lawyer just sent an email and that's

it. We got our deposits back. Most landlords rent without paying taxes and they don't want troubles.

Good luck
a year ago
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Vaner *******
ORIGINAL POSTER
@San ***
 owner is a German businessman
a year ago
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Jasper *************
@Vaner ******
 This is really good advice about that most dont pay taxes. If you threathen to report it at tax department you will have a chance.
a year ago
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Jasper *************
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Jamie *************
I once rented a condo that I had no clue had a damn tennis court or something above the room. Tried to get money back, and tried to dispute with card company. Never got a dime back. Due diligence is on you
a year ago
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Kevin **********
Lawyer will cost way more than the deposit...take your Thai lesson, suck it up and move on.

Or buy noise cancelling headphones.
a year ago
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Michael *********
Good luck i dont think that you can sue in court in thailand
a year ago
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Garrett ***********
@Michael ********
 Yes you can
a year ago
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Garrett ***********
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Bennito *********
Did you actually went and see the condo with your own eyes before paying?
a year ago
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Bennito *********
@Ned *******
 hey focker, he stated that the pump starts at 9am till 10pm. So if he went to visit the condo, he probably would have noticed the noise 🤷🏽‍♂️ Any further questions?
a year ago
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Andrew ***********
@Bennito ********
 so does that guarantee it was running when he viewed to condo lol so your argument is flawed lol
a year ago
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Andrew ***********
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Vaner *******
ORIGINAL POSTER
@Bennito ********
 yes . But I didn't realize the noise after seen 5 other condo
a year ago
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Bennito *********
@Vaner ******
 so the pump wasn't turned or you didn't noticed the noise when you visited the condo?
a year ago
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Vaner *******
ORIGINAL POSTER
@Bennito ********
 I dont know. I am very sensible about that. But I have not heard any noice while I am inspecting the room
a year ago
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Vaner *******
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Brandon ************
Your rights are what it says in your lease.
a year ago
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Carsten ************
There's no need to fullfill a rental contract anymore, if the termination has "it's reasons", but he will better bring a lawyer to discuss that with the landlord.
a year ago
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Carsten ************
@Brandon ***********
 wrong. His rights are as stated in consumer protection law.
a year ago
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Carsten ************
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