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  1. #1
    Thailand Expat jabir's Avatar
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    Who is responsible?

    I was having a chat with retired friends yesterday, one of which is loaded up and thinking to buy some condos to rent out as an investment/income to supplement savings, pensions etc, which btw I recommended for a number of reasons, and which allow for them to stay empty half the time.

    A third butted in to say that one of the dangers of being a landlord, and esp a farang landlord, is that you become personally, financially and criminally responsible for the actions of your tenants, going on to give examples that if they are druggies or turn the place into a gaming room or even assault someone on location you could end up being fined or even in jail.

    Disagreement turned heated with no blood shed, though it doesn't sound right even for Thailand.

    Anyone with a clue?

  2. #2
    Thailand Expat
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    who knows, could be possible, I am sure there is a law somewhere in Thailand that put the owners as responsible for some obscure reasons

    nothing to take for granted here,

  3. #3
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  4. #4
    Thailand Expat

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    Buying property in Thailand is sufficiently fraught with problems, not least of which, is the Thai governments propensity to move the goalposts.
    Condos don’t appear to be doing too well lately. I know one 35 year expat who has lived off rental income for most of that time, has just put 3 up for sale in Pattaya, because, “ they are more trouble than they are worth”.

  5. #5
    Thailand Expat tomcat's Avatar
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    Quote Originally Posted by jabir View Post
    give examples that if they are druggies or turn the place into a gaming room or even assault someone on location you could end up being fined or even in jail.
    ...so, if someone jumps from a rented condo, the owner is charged with murder? Half of Pattaya would be in jail...

    ...or if someone, ao say, carries a kilo of maryjane into a friend's rented place in bkk and he's caught while indulging (crying in a moment of flashback confusion: "janbak tembat" in Indonesian), the owner is responsible?

    Even by swampish standards, that sounds unlikely unless the owner is somehow involved in the crime...
    Last edited by tomcat; 19-09-2018 at 03:36 PM.
    Majestically enthroned amid the vulgar herd

  6. #6
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    hick's Avatar
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    It's illegal to fuck your spouse doggy style facing East on Tuesdays in Virginia, or summat...

  7. #7
    Thailand Expat tomcat's Avatar
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    ...^assuming you have only one spouse...

  8. #8
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    hick's Avatar
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    I only have one registered spouse

  9. #9
    Thailand Expat tomcat's Avatar
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    ...and what is your preferred direction when in Virginia?...

  10. #10
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    towards the capital, naturally.

  11. #11
    Thailand Expat tomcat's Avatar
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    ...no need for euphemisms...

  12. #12
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    hick's Avatar
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    Ok,...ASSumptions pointed at the white house

    who stays in one position for long anyway....?

  13. #13
    Thailand Expat tomcat's Avatar
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    Quote Originally Posted by hick View Post
    who stays in one position for long
    ...certainly not excitable 2-minute wonders...anyway...

  14. #14
    On a walkabout Loy Toy's Avatar
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    Quote Originally Posted by jabir View Post
    Anyone with a clue?
    I have prepared rental agreements for my wife, who owns a number of properties in Thailand, with the terms and conditions agreed upon when the legal documents are signed, security deposits are paid and keys are handed over. The agreement clearly specifies what the tenant can and not do during term of the rental and or lease agreement.

    Disclaimers are included to protect the landlord against any wrongful and or illegal action (and in breach of the agreement) committed by the tenant during the term of the agreement.

  15. #15
    กงเกวียนกำเกวียน HuangLao's Avatar
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    Quote Originally Posted by Loy Toy View Post
    I have prepared rental agreements for my wife, who owns a number of properties in Thailand, with the terms and conditions agreed upon when the legal documents are signed, security deposits are paid and keys are handed over. The agreement clearly specifies what the tenant can and not do during term of the rental and or lease agreement.

    Disclaimers are included to protect the landlord against any wrongful and or illegal action (and in breach of the agreement) committed by the tenant during the term of the agreement.

    There ya go.
    Simple, yet straight forward - even legally.

    Clauses in the agreements/contracts require specifications.

    Any possible problems of negligence solved.

  16. #16
    Thailand Expat klong toey's Avatar
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    Quote Originally Posted by HuangLao View Post
    There ya go.
    Simple, yet straight forward - even legally.

    Clauses in the agreements/contracts require specifications.

    Any possible problems of negligence solved.
    Check the small print.
    It is forbidden to bake any pies on the rented premises.
    That's one way of seeing the competition off.

  17. #17
    Custom Title Changer
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    Quote Originally Posted by Loy Toy View Post
    I have prepared rental agreements for my wife, who owns a number of properties in Thailand, ......
    Wouldn't using a lawyer have been the smarter move?

  18. #18
    On a walkabout Loy Toy's Avatar
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    Quote Originally Posted by klong toey View Post
    It is forbidden to bake any pies on the rented premises.
    Baking pies is permitted and encouraged KT.

    Gotta spread the love a bit!

  19. #19
    กงเกวียนกำเกวียน HuangLao's Avatar
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    Quote Originally Posted by CSFFan View Post
    Wouldn't using a lawyer have been the smarter move?

    Have one in mind, Top....??


  20. #20
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    Jahir, think the confusing is mixing 2 laws as one, civil and criminal.

    Under civil laws the owner has no responsibility for the actions of a tenant, unless the owner is aware the property is being used for criminal activities.
    Makes no difference if it is a hotel, short or long term condo/house or land etc. if it is a legal rental, not the owners problem.

    Loy Toy, no agreement that falls outside of the civil and commercial act is admissible in a court, it's worth the paper it's written on.

    Problem for a farang is being legal, never heard of any farang owning condos for rent that has been able to register a company and get a work permit for running the business, you need to pay taxes, VAT and all the other things.

    Simply put and this in most countries laws, renters are responsible for their actions in/on the property, if they are not legal tenants, then it's the owners responsibility, IE joe nobody stays in your house, police raid the place and find drugs, then it's the owners drugs until proven otherwise.

  21. #21
    On a walkabout Loy Toy's Avatar
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    Quote Originally Posted by jamescollister View Post
    Loy Toy, no agreement that falls outside of the civil and commercial act is admissible in a court, it's worth the paper it's written on.
    How is that so James?

    Really interested in receiving your response.

  22. #22
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by jamescollister View Post
    Simply put and this in most countries laws, renters are responsible for their actions in/on the property
    In most states in the US this is the case. Renter beware.

  23. #23
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by Switch View Post
    Buying property in Thailand is sufficiently fraught with problems, not least of which, is the Thai governments propensity to move the goalposts.
    Condos don’t appear to be doing too well lately. I know one 35 year expat who has lived off rental income for most of that time, has just put 3 up for sale in Pattaya, because, “ they are more trouble than they are worth”.
    Horses for courses, while I know some farangs that have/had nasty experiences as a landlord I also know some that are well organised, sitting pretty and raking it in.

  24. #24
    กงเกวียนกำเกวียน HuangLao's Avatar
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    Quote Originally Posted by jabir View Post
    Horses for courses, while I know some farangs that have/had nasty experiences as a landlord I also know some that are well organised, sitting pretty and raking it in.

    Yeah.
    Applies to most anything - the adage that every situation will vary from the next.

  25. #25
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by tomcat View Post
    ...so, if someone jumps from a rented condo, the owner is charged with murder? Half of Pattaya would be in jail...

    ...or if someone, ao say, carries a kilo of maryjane into a friend's rented place in bkk and he's caught while indulging (crying in a moment of flashback confusion: "janbak tembat" in Indonesian), the owner is responsible?

    Even by swampish standards, that sounds unlikely unless the owner is somehow involved in the crime...
    Agreed, but you're talking sense. That said, few years ago a mate sold his house because he learned from neighbours that the tenant tended to bring home young boys. Was that the only reason he sold? Yes, because as he put it he couldn't police the activities of his tenants and if it happened once it could happen again, and somebody had told him it could go horribly wrong putting him in the firing line.

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