What should my friend do about her rental situation in Thailand as she needs to return to England urgently?

Nov 30, 2024
a day ago
Ar *******
ORIGINAL POSTER
Hi everyone, I have had some help before in the group, so I’ll try again. It’s a tricky situation, a female friend of mines has a years lease on a condo through an agent. Although she has been generally happy with the condo location she has had issues with repairs needing done etc, in short her agent is a bit awkward I think but my friend seems to give benefit of doubt. She has put up with continuous noise from people renovating rooms to which she gets no support from agent or judicial office despite them saying no building work in high season from November to march. Anyway her dilemma is her sister is going into hospital in England in December, she is going home to look after her, she was going to keep condo on and just pay rent until she could return, however it now looks like it could be 6 months or more . She told agent she will travel home, agent not interested just said make provision to pay water and electric. So other friends told her to pack her stuff , store some with friend and take rest home, after she gets home email agent and put In notice, she paid two months deposit and has paid internet up front for year. Now she has been told if she does this the agent will take her to court and tell immigration and she will not be allowed to return to Thailand. She is only 3/ 4 months into lease everything paid up to date. She is now terrified to say anything to agent before leaving in case she has trouble with immigration and cannot get home for sisters operation.. I’m not sure if the information she is getting is corrected. Does agent really have so much authority to do this, we hear others who just leave condo owing rent etc . My friend would not want anything said against her. Should she just rent for rest of contract or leave and let agent get time to relet? Any advice ? She doesn’t have time to see a lawyer and is doing long arm support with hospital, carers and social work in UK so a bit stressed
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TLDR : Answer Summary
A female expat in Thailand is facing a dilemma regarding her condo lease. She needs to return to the UK to care for her sister but fears repercussions from her rental agent if she leaves before her lease is up. The agent has made threatening remarks about legal action and immigration consequences, which community members believe are exaggerated. Most responses suggest that she can leave without major repercussions, accepting the loss of her deposit as a typical outcome in such situations, as the agent probably won't pursue legal action due to the costs involved.
Colin ***************
Walk away. Cheaper. Get a doctors certificate to say you had to nurse your sister. While you're flying home diarise the problems with your Condo. Cheers 🇹🇭
Ingvar *******
She have probably lost the deposits anyway, with such an agent 🤔
Norbert ***********
My girlfriend is real estate agent ,and her brother is by immigration,this is not of interest for immigration,but the real estate agent must pay back the most of his commission.thats why he try to frighten her.
Doug *********
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Andrew *********
Every lease which i have had over the 14 years here I have had a clause in it stating if I am leaving Thailand I only need to give 30 day notice. They all been 12 month leases, 5 different agents, none of them had an issue including in lease, only had to use the once.
Steve *******
Bye bye deposit. Cost of the decision. Unlikely that agent will bother with court. She’ll just pocket the deposit.
David ********
Immigration are not interested in civil disputes.
Ar *******
ORIGINAL POSTER
Hi guys thanks to everyone who contributed, things have escalated since the post. My friend is now going home on Monday as her sisters situation has worsened. Myself and another friend have volunteered to clear the possessions she leaves behind and clean the condo and armed with the information we have got from you guys I will hand keys in to agent next Friday , two weeks before next rent is due . I will have cash to pay the electric and water used. We just accept the loss of deposit. For those who said my friend had lots of time to see a lawyer I’m afraid she didn’t she was on very emotional face time meetings with her sister and her family . Anyway I just want to say I appreciate all the advice and support from the group . Thanks everyone
George *********
@Ar ******
if paying cash for utilities get a receipt or pay online. Take a photo of the meter readings in case they are exaggerated.

Also a video of the room showing everything is in order...just in case things escalate in the future
Rolf *********
I worked as a real estate agent here in Bkk for 2 years before and it’s unheard of that neither police or immigration would care about that. This is what the deposit is for, to cover electricity/water and last months rent if a customer leaves and not fulfills the contract. Your friend has NOTHING to worry about.

I’ve done the same many times in my 12 years here. Never had any problems. Deposit will be forfeited, that’s all.
Erick ********
Ok to go. Life happens. She’ll lose deposit.
Ning ******
get someone to take over the lease, there is a group in fb.
Benn *****
@Ning *****
ขอบคุณมาก
Benn *****
@Ning *****
what's the group please?
Ning ******
@Benn ****
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Ning ******
@Benn ****
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Michael ********
Pack up and leave. Send letter you want to leave because of noise disruptions etc. Include as much correspondence as possible and send it registered. Or see a lawyer it doesnt take long to see what sort of letter need to send so you are covered. Maybe he verifies what was sent
Dan ************
Say goodbye to your deposit and move on
Nicholas ******
Where is the condo located?
Dieter *******
Immigration never!! get involved in such cases!!
Ron ********
Imigration dont care about this,landlord try to take advantec of here.

Take what is your,just leave...!
Bob **********
She’ll loose her deposit and immagration doesn’t care about rental contracts just give notice take a photo of it and try to get some back
Malcolm *******
Just leave with all your stuff , then e mail them telling them you have left because of the noise and disruption . You will lose the 3 months money you paid up front .

Nothing else will happen , they are just trying to scare you into paying up the rest of your years contract .
Ally ************
Despite this being a very genuine and reasonable 'excuse' to break the lease.. agents and landords will have very little sympathy.. and imo you should look to mitigate your losses.. that means planning your exit and effectively moving out prior to notifying the agent.. as others have advised here.. such that you do not risk having any personal items or possessions impounded because of your failure to pay the rent.. it's clearly better to lose a 2-month deposit than to pay another 8-months rent on an empty property.. and whilst the agent won't be too happy they will surely understand your reasoning.. any threats are futile because they will have no way of seeking legal redress once you have left the country.. and in any event it would not be economic to begin litigation for the sum involved.. and remember if they re-let the unit fairly quickly then this diminishes your liability.. because a landlord can only 'sue' for any actual losses incurred by you breaking the lease.. meaning if a new tenant is found and moves in after say 2-months of you vacating.. then he hasn't lost 8-months rent but only 2-months rent.. and could also seek compensation for any agents fees related to the re-letting.. less of course the deposit they are holding.. so the sum involved would be much smaller than you think and in all likelihood will be written off as irrecoverable.. and in all probability they would rather have the property occupied than unoccupied for the next 8-months.. from both a security and maintenance point of view.. immigration doesn't get involved in civil matters and should not be a concern when you leave or re-enter the country.. just do what you have to but don't make it more stressful for yourself by telling the agent until you have vacated the property.. you are breaking a legal contract to fulfil a moral contract and the latter is far more important imo.. and i doubt you will lose points for it when you are standing outside the 'pearly gates' one day!
Mark *********
@Ally ***********
There's also the case of trying to find someone to complete the contract, which seems perfectly regularised here. Passing them on a platter to the landlord would assuredly sweeten the pill.
Dennis *********
If this is your 2nd attempt, she's already had time enough to consult an attorney. From what I recall in thai law there's a right to cancel and at most going to loose her deposit which itself is not legal but happens. At that point she's needing a lawyer to tell landlord they're in violation of the law. Really one can pretty much walk in an attorney office and for a fee get help, so not really buying the she doesn't have time thing. Thai legal can sign up online and request a callback.
Will ******
Why doesn't she have time to get a lawyer?
Glenn *********
Agents in Pattaya are not the best to return deposits...save the stress and just leave.
Chris *******
The deposit will be lost.

There will be no court.

Nothing can happen thru Immigration. It is not a criminal case.

The agent will rent the property out again.
Jack *******
Don’t be afraid of these scaremongering tactics. As others have mentioned, litigation will be very costly for the agent, and this wouldn’t affect immigration status anyway.
Ralph *******
She made a contract to lease for a year. She is bound by that contract.

She could see if subletting is allowed under the terms of the lease then try to find tenants. Other than that she is bound by the agreement.

Alternatively, she could abscond. The agent may try to follow her but that’s very hard overseas. And yes, she has lost her deposit but that’s almost standard in Thailand.
Angy ********
@Ralph ******
with that kind of agent the deposit will be lost also if she end the contract regularly. Find a good agent next time ... but not easy in Pattaya
Kool *******
She is being lied to. No agent is taking anyone to court, as that costs more than a year's worth of rent. It is simply a scare tactic. She will lose her deposits, that is all that will happen.
Peter *********
Just leave but will lose deposit that's all will happen
Andy ********
@Peter ********
correct answer. That's what a deposit it for. Immigration aren't remotely interested in your lease arrangements.
Glenn *****
@Andy *******
other than the TM 30 55
Rod ********
@Peter ********
good advice
John ******
I expect immigration do not care about complaint from rental agent. Maybe different if there is a court order but even then I doubt if they care!
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