Restaurant Lease Problems

[JimmyGreaves]

Anyone got any experience with getting rid of a leesee who is not paying rent. 3 months in arrears and just ignores calls for payment?

[Tony_S]

Anyone got any experience with getting rid of a leesee who is not paying rent. 3 months in arrears and just ignores calls for payment?

Go round and see him...put a gun to his head and say..."go ahead punk..make my day"

[JimmyGreaves]

Anyone got any experience with getting rid of a leesee who is not paying rent. 3 months in arrears and just ignores calls for payment?

Go round and see him...put a gun to his head and say..."go ahead punk..make my day"

W*****ker

With an attitude like that you need to be careful!

[stgrhe]

This is what Section 560 of the Civil and Commercial Code says:

"In case of non-payment of rent, the letter [That is you] 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".

If you haven't done so issue a letter and have it hand-delivered to the hirer.

Good luck!

G.

[JimmyGreaves]

This is what Section 560 of the Civil and Commercial Code says:

"In case of non-payment of rent, the letter [That is you] 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".

If you haven't done so issue a letter and have it hand-delivered to the hirer.

Good luck!

G.

Thanks for that, Yes it is monthly payment agreements. After the letter is presented is it then the case that after 15 days you can terminate. I would have also thought you would need a witness that the letter has been presented?

Thanks again for decent advice

[malcolminthemiddle]

In the past I have sent documents such as notices and invoices by recorded delivery using the Thai postal system when proof of delivery may be needed at some time in the future.

[STEVE G]

I came across an article on the rights of Thai landlords a few days ago, it must have been in one of the free magazines that you find around Hua Hin.
Not being a landlord I just skimmed through it, but I'm sure it said you can get the police involved in these cases (obviously that could cost you). I'm heading back to Hua Hin soon and I'll see if I can find it again.

[JW]

Think that Steve has the most practical solution, get a decent level police guy clearly explain the situation and just evict the tenant. Just hope that the tenant doesnt have a better connection.

[Super Joe]

I came across an article on the rights of Thai landlords a few days ago, it must have been in one of the free magazines that you find around Hua Hin.
Not being a landlord I just skimmed through it, but I'm sure it said you can get the police involved in these cases (obviously that could cost you). I'm heading back to Hua Hin soon and I'll see if I can find it again.

May have been something along the lines of the article in this link: http://www.globalpropertyguide.com/Asia ... and-Tenant

JG, I'd do as has been suggested, serve the 15 days notice, presumably (??) at end of that period you then serve an eviction notice if they have not vacated, then at hat point I would use the police's services, at a fee, to safely and 'as legally as possible' force them out.
You can see from the article that if you don't force them out it can take an age to enforce it through the courts. If you use the police can't see they've got any comeback legally, whereas if someone used any other kind of 'help', no matter how peaceful, it could be used against you. Personallly, I would seriously consider what action I were going to take if the tenants were Thais of a certain type.

stgrhe has posted the relevant law section, here's the entire 'Property Hire' law chapters, you or a.n.other may find useful: http://www.thailandlawonline.com/lease_ ... _text.html

Good luck,

SJ

[JimmyGreaves]

Thanks Guys, will pass this on.

[migrant]

It would be interesting to find out how it goes. Could you let us know?

[JimmyGreaves]

It would be interesting to find out how it goes. Could you let us know?

Yes sure. Seems odd that you can lease something for a year and the lessee breaks the terms and you cannot get rid easily. A warning for all me thinks.

[migrant]

It would be interesting to find out how it goes. Could you let us know?

Yes sure. Seems odd that you can lease something for a year and the lessee breaks the terms and you cannot get rid easily. A warning for all me thinks.

Here in the states if a residential renter defaults getting them out of the property is very difficult. Rights of the poor and all.

For commercial it's easier, but still takes a month or so.

[Super Joe]

At least here you get assistance from police to help evict them before any court proceedings.

Also the short-term lessee's of businesses like restaurants, bars, shop units etc need to be careful with having their lease agreements checked out properly.
The majority of the one's I've read have a clever clause included in the landlord's agreements that says should they wish to sell the property they will give you 30 days notice. So there's many people in town who pay 1M Baht key money, 500k fitting the place out believing they have a 3 year contract, they actually have a 30 day contract

Good luck JG and let us know how you get on,

SJ

[Khundon1975]

Yes JG serve the 15 day letter then get the BIB involved.
It helps if you have one handy in the family, then most of the fee gets waived.

Going through the courts can, as SJ says, take a lifetime and you are unlikely to get any money back for unpaid rental fees.

Iv'e seen one of those lease agreements with the 30 day sale clause, my advice to anyone taking on a lease is to get a GOOD BKK laywer to look it over first, before signing.

Good luck.