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Eventually the time
will come for you to move out. This will mean terminating the lease,
which could happen one of two ways - either you elect to move out or
your landlord requests you leave the premises. Each way requires
particular protocols be followed, as outlined in the following sections:
If you wish to end
the lease prior to the date given in the lease agreement, your landlord
will need to approve this request. Simply walking out on a lease is
considered a breach of contract, and you could be required to reimburse
the landlord for all the money they lost as a result, e.g. lost rent and
re-advertising expenses.
| Should
the landlord agree to end the lease early, get this
agreement in writing, signed by the landlord. If your
landlord does not agree, Contact Us your Real Estate Agent
and discuss the matter. |
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Things are a little
simpler if you have a periodic or continuing lease rather than a fixed
lease (whereby the ending date of the tenancy is stipulated). Under this
circumstance, you should not need to give the landlord more than 30 days
notice.
Immediate notice is
only justifiable when the landlord fails to honour the lease agreement
or when the residence becomes severely damaged.
Under no
circumstamces is the landlord allowed to force you to leave the property
without suitable notice. The notice must be in writing, be signed by the
landlord, state the reason for requesting you to move out and give the
date by which you should vacate the premises.
The landlord is
permitted to ask you to move out immediately if you cause intentional
damage to the premises, or it becomes severely damaged and unfit for
living (even through no fault of your own). The landlord may also have
the right to immediately evict you if you endanger neighbours of the
property, or use the premises for unlawful purposes.
If the notice
expires, and you have not vacated the premises, the landlord may be
entitled to a possession order. The police could then be called upon to
forcibly remove you from the premises.
When you leave the
premises, the landlord must return your security deposit. This must be
done within the time frame specified by your lease agreement.
There are
circumstances where the landlord can keep all or part of the security
deposit, such as when rent is owing at the time the tenant moved out or
the landlord gives written notice to the tenant of a claim to cover loss
or damage caused by the tenant.
If your landlord does
not return your full security deposit without good reason, Contact Us your
Real Estate Agent and possibly even your Thai lawyer.
| Make
sure you leave your forwarding address with the
landlord, as well as a Contact Us telephone number. The
landlord should be able to reach you, just in case you
leave behind any possessions. |
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Under no
circumstances is the landlord allowed to take seemingly abandoned goods
as compensation for money owing. Instead, the landlord should Contact Us
you and arrange a time for you to collect them.
Finally, ensure that
the meters for any utilities (e.g. electricity) are read on the day you
move out. Unless this is carried out on the same day as you vacate the
premises, you may be charged for a longer period than you were in
residence.
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