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.
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.