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East Coast Real Estate, 485/4 M.10, Second Road, Pattaya, Chonburi,
Thailand 20260
East Coast Real Estate, 414/19 M.12, Jomtien Complex, Nongprue,
Banglamung, Chonburi,Thailand |
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Even with the best of intentions, relationships
between tenants and landlords may not always run smoothly, with some of
the main causes of friction being:
When doing renovations or repairs, landlords (or
tradespeople) may have the gas and electricity temporarily connected and
occasionally, forget to have them disconnected when the work is
finished. As a nice gesture to the tenant, they may be left connected to
save the tenant the connection fee, advising the tenant to have the
meter read and to change the billing details. However, what if the
tenant 'forgets' to do this and later the landlord receives a bill for
the usage?
Utilities are considered to be personal bills and not
attached to the property so in cases like this, there is very little
that can be done.
The rule then is, never come to an informal agreement
with the tenant regarding the payment of utilities. The tenant should
establish accounts under his own name.
A telephone can be bought and left for the tenant or
leased from the provider in the usual arrangement. What happens if the
telephone 'vacates the premises' with the tenant? Whose responsibility
is it if the phone breaks down and needs repairing or replacing?
It may be easier to define responsibility if the
tenant provides his own phone.
Landlords are advised to have apartments metered
separately. This avoids bitter disputes between tenants about who pays
what amount.
These days tenants expect that a landlord will
provide a TV antenna and a telephone connection point. If the tenant
pays to have a telephone line installed it will remain after the tenant
vacates - to the benefit of the landlord. Removing a TV antenna is an
awkward job so that will probably remain too when the tenant leaves.
Although both these items are for the benefit of the
tenant and therefore not strictly the responsibility of the landlord, it
is probably wise for a landlord to have both these connections
installed. Apart from adding to the capital value of the property and
making it a better rental proposition, it will remove all chances of
dispute over responsibility and costs.
One of the most common source of disputes between landlords
and tenants arises from a landlord's refusal to maintain the property in
a livable condition. Some landlords feel that they shouldn't bother
about the condition of the property as "a tenant will only wreck
it".
Apart from allowing a valuable asset to deteriorate,
if the landlord treats the property with disdain he is likely to attract
the type of tenant who will be right at home in that environment. The
property has to be fit for human habitation or fit to live in.
Refund of the security deposit is the most frequent
cause of dispute between landlords and tenants. The security deposit
should never be considered as the landlord's money. It is held in trust
for the landlord against any future breaches of the tenancy agreement.
Two month's rent is the usual security deposit amount
but it can be more for prestigious properties or when it is the
landlord's own home. The security deposit amount must be entered on the
tenancy agreement and the tenant must be given a receipt.
At the end of the tenancy, if the rent is paid up to
date and there are no claims for damage or any breach of the tenancy
agreement, the security deposit must be refunded to the tenant.
If the landlord lodges a claim against the rental
deposit, the tenant can sign a release of the money or if the tenant
refuses to sign, the landlord can seek legal redress.
If the tenant does object to the claim of his rental
deposit, he may also take legal action himself to recoup the monies.
Many landlord-tenant disputes are resolved by
negotiation before a hearing takes place.
In most cases, it is the Real Estate Agent who
successfully mediates the dispute and legal action is avoided.
A Real Estate Agent is a professional who can
negotiate in a calm and impersonal manner on behalf of his client.
Landlords are often too emotionally involved to argue their cases successfully,
and as a result tend to win fewer cases than tenants, often because proper leases were
not prepared,
condition reports were missing, expenses could not be documented, etc.
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