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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89575
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello, My name is XXXXX XXXXX my wife is Waan from Kamala In

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Hello, My name is XXXXX XXXXX my wife is Waan from Kamala In Phuket Thailand. We own a small 12 room boutique guesthouse in Patong, Phuket Thailand which we leased out on a very strict and detailed contract especially what would happen if they breached the contract to a Thai National Lady 26 year old which her name is XXXXX XXXXX on the contract but she is backed by her English boyfriend of 62 years old who has given her the money to pay for the key money, deposit and rent in advance and also lives at the guesthouse. They have only been in the premises for 3 months starting from June 1st 2013 to now 1st Sept 203 Today the rent due in advance again another 3 month which the invoice was delivered by hand by my wife to them on the 30/8/2013 which they refused to sign and give her back a copy. Our main issue is that around the 20th June 2013 we had to send them via EMS a registered letter of breach of contract where they had already in 3 weeks breached approx 6 clauses of the contract. As stated in the contract if they had breached any part of the contract they would be notified by registered post and would have to respond back to us with a solution or discuss to rectify the breach's within 30 days of receiving such letter as stated in the signed lease contract on the 1st June 2013. The big issue is they have NOT responded and now seem to refuse to pay the next 3 month rent in advance. In the contract clause 18 and 18.1 stated what will happen if the tenant is in breach which clearly states in clause 18 they will be give 30 days to rectify and or discuss a solution 18.1 clearly states that if clause 18 is not done then we are within in our right as the lessor to cancel the contract after the 30 days has expired and remove them from the premises as of 45 day from the first dated breach of contract letter. We are now over 60 days from when the breach of contract letter was delivered to them by registered mail and signed by them as received and now it seem we have them refusing to pay the next 3 months in advance rent as per agreed in the lease contract.

Are we within our rights as the owners and the lessor of the business, land and the building to remove them from premises as stated UNDER THAI PROPERTY RENTAL LAW AS FOLLOWS BELOW: THAILAND CIVIL AND COMMERCIAL CODE (PART II) Hire of property
Section 537. A hire of property is a contract whereby a person, called the letter, agrees to let another person, called the hirer, have the use or benefit of a property for a limited period of time and the hirer agrees to pay rent therefore.
Section 539. Costs of a contract of hire are borne by both parties equally.
Chapter III
Duties and liabilities of the hirer
Section 552. The hirer cannot use the property hired for the purpose other than those which are ordinary and usual, or which have been provided in the contract.
Section 553. The hirer is bound to take as much care of the property hired as a person of ordinary prudence would take of his own property, and to do ordinary maintenance and petty repairs.
Section 554. If the hirer act contrary to the provision of Sections 552, 553 or contrary to the terms of the contract, the letter may notify the hirer to comply with such provisions or terms, and if the hirer fails to comply, the letter may terminate the contract.
Section 555. The hirer is bound to allow the letter or his agents to inspect the property hired at reasonable times.
Section 558. The hirer may not make alterations in, or addition to, the property hired without the permission of the letter. If he does so without such permission, he must, on request of the letter, restore the property to its former condition, and he is liable to the letter for any loss or damage that may result from such alteration or addition
Section 559. If no time for payment of rent is fixed by the contract or by custom, the rent must be paid at the end of each period for which it is stipulated, that is to say: if a property is hired at so much per year, the rent is payable at the end of each year, if a property is hired at so much per month, the rent is payable at the end of each month.
Section 560. In case of non-payment of rent, the letter may terminate the contract. But, if the rent is payable at monthly or longer intervals, the letter must first notify the hirer that payment is required within a period not less than fifteen days.
Section 561. If no written description of the condition of the property hired has been made and signed by both parties, the hirer is presumed to have received the property in good state of repair and he must return the property in such condition at the termination or extinction of the contract, unless he can prove that it was out of repair at the time of delivery.
Section 562. The hirer is liable for any loss or damage caused to the property hired by his own fault or by the fault of persons living with him or being his sub-hirer. But he is not liable for loss or damage resulting from proper use.
Submitted: 12 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Are you asking whether or not you can proceed now to have them evicted from the property based on everything you have stated above?

Please specify your specific questions for us that you would like answered.
Customer: replied 12 months ago.

Yes we want to remove them from the premises NOW. In Thailand the eviction process is quite shady area. We intend to take the head of Police from Patong to remove them as we are not actually evicting them for not paying rent we are cancelling the contract due to all the breach's they have done under the contract

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your clarification.

Yes, evictions in Thailand can be sketchy. However, if your lease is as specific as you state it is and they have violated the lease, combined with the fact they are telling you they are not going to pay the next 3 months, these are all grounds for you to evict them now in accordance with your terms of your lease. The Thai rental laws do not prevent you from evicting these people now for all of their violations as long as you have all of these violations documented and prove you have given them notice as required.

Based on the specificity of your contract and what you stated they have done to violate the lease terms, you have the right to get them out and they could not claim that you are violating their rights under the lease.


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Customer: replied 12 months ago.

Thank you for that clarification. I was very sure as i understand Thai Law as i own a couple of business here but it good to get some sort of clarification from a western lawyer as well not just from a Thai lawyer.


 


The last question i do have it is my understand that as they have broken the commercial business lease contract not a residencial property rental contract that we don't need to get a formal court eviction notice as it is they have broken the contract.


 


We know a lot of high ranking police here so we were going to get them to take all the letters i.e Original signed contract, breach of contract and signed registered email verification and have them packed and removed from the premises immediatley along with a firm warning from the Police that they are not to re enter the premises for any reason or they will be charged with trespassing unless they have given us proper written notice and justification for wanting to return to the premises.


 


What are your thoughts on this course of action as it is pretty standard here but i havent had to do it before so i would appreciate your thoughts

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your response.

If you are leasing out a business or commercial property you are correct and the commercial tenancy laws apply.

From my understanding on reading the process in Thailand, the police there routinely do just what you are stating and this is something that would be your next step to remove them from this property.
Customer: replied 12 months ago.

Thank you for your help on this matter much appreciated.


 


As an Australian ExXXXXX XXXXXving and working in Thailand now for quite a number of years and not trusting the Thai Lawyers and also owning 2 companies here i am very sure we will be talking again more than likely on Thai labor laws, employee issues and building construction and Bovis Lease standard contracts as i am 1 of only 2 Expat landscape companies in Phuket with over 50 staff, i will look forward to working with you in the future again.


 


Best regards,


Wayne Stone


Managing Director


Coastal Landscaping (Thailand) Co. Ltd


Email:XXX@XXXXXX.XXX

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your response.

Please do not forget to ask for me by name when you have further questions. Also, do not forget to click on excellent service feedback so that the expert gets credit for the time spent working with you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89575
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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