Bangkok expat housing guide :

 

 

        How to prevent rental problem

 

 

     The following are 10 things to do to prevent  yourself from rental scam

and problem.

1. Check landlord references.

When it come to renting a property, being cautious and suspicious

can save you from the scam. the landlord you deal  with might  not be the

owner of the property.             

          There are fake landlords out there ready to cheat your money.

Just  because  the person  has the key doesn’t mean that  he/she is the real

owner.There have been cases that tenants claiming to be landlords and

subletting their  condos to expats in order to benefit from the difference

between what they paid and market rents.

         It is a must to check the ownership of the property before you sign

the contract. Make sure that the person claiming to be the landlord does

indeed own the property and has the right to let it.

 

        Bearing in mind that proof of ownership (Deed,Tax Bill or

Mortgage Statement) and other relevant information to accurately identify

the Landlord should also be provided upon signing lease contract.

 

2. Check property mortgage statement.

When a landlord loses a property they’ve rented out, it puts renters

in a pretty uncomfortable position. When a property is foreclosed, pretty

much any lease or other arrangements made by the owner are canceled

and tenants are almost always evicted. Furthermore, in most cases, renters

lose any rent paid in advance and deposits. While tenants can try to

convince lenders or new owners to allow them to stay on, such

arrangements are rare.

        

       It’s necessary to run a background check on a prospective landlord

to detect any signs of an impending foreclosure. asking the landlord to

show you a copy of his mortgage statement  to make sure that payments

are current and that the address on the statement matches the one you are

renting , and if possible, have a chat with the previous tenants. You can

also check the county recorder’s office for a notice of default ( NOD) or

even check to see if the current owner has had an NOD filed against the

property in the recent past or has had a recent, major refinance.

 

3.Check lease contract.

When you sign a lease or a rental agreement, you are signing a legally

enforceable document, obligating yourself to observe all of the terms.

Make sure that you understand every element of it to avoid unhappy

consequences

 There are  clauses in the agreement that should be noted before signing:

Move-in date:

Some rental agreements don’t have a moving in date. This allows the

prospective landlord to keep the prospective tenant waiting for an

unreasonable length of time. If the prospective tenant can no longer afford

to wait and withdraws their offer, the deposit is forfeit.

Repair and maintenance clause :

       Usually, a landlord is responsible for major repairs and “normal wear

and tear(for example, walls that routinely need to be repainted, or

plumbing fixtures that break down because of long use). However, any

damage caused by tenants, including minor repairs and replacement (such

as replacing light bulbs, broken window, broken door locks ,etc.,depend

on contract terms) is the responsibility of tenants.

        In case that rental payment  include all maintenance fee , the tenant

will not have to pay for any repairs.

        If your lease does not require the landlord to make repairs, you might

attempt to negotiate terms for repairs. This is often difficult after the lease

is signed. If the landlord is not responsible for repairs, you cannot

terminate your lease if repairs are not made.

 

Termination clause  :

 

          Review the lease to see if there are any clauses allowing the owner

early termination rights in case that the owner has decided to sell property

you are living in, or if your lease agreement contains a statement that

your lease will terminate (generally upon 30 days notice) if the property is

sold. These types of clauses are sometimes included in lease agreements

by landlords who are planning to sell the property during the term of the

lease, or by real estate agent that are temporarily renting the property

until it can be sold.

          If you want to be guaranteed that you can stay in the rental

property during the full term of the lease, you should not sign a lease

agreement that contains a termination clause in the event of a sale.

 

Early termination clause :

        Before you sign a tenancy agreement you may try negotiating a

break clause with your landlord or agent, as this will enable you to end

your tenancy before the end of the fixed term.

       Normally, to terminate your lease early is considered breaching the

contract. Unless you pay your rent until the apartment was re-rented or

continue paying the rent until the leasing time was up,You are due to pay

the early termination fee.   So Sign a long-term lease only if you plan to

stay the entire lease term or only if there is an acceptable early termination

clause . Make sure the early termination policy is in writing and that the

written policy states what the Landlord has stated to you.

4.Carefully inspect the property.

Check if  the property in good repair,  If the place has serious

problems, you should probably not rent it. A landlord who would even

show a unit in a poor condition probably won't or can't make the needed

repairs. If the landlord promises to fix it up, make sure it is agreed in

writing with signature to be carried out by the landlord before you move

in.  puts down dates on which certain repairs will be completed. Also, write

down that you will not have to pay your rent if landlord fails to meet the

completion dates. Do not sign the contract if landlord refuse to do so.

        Before you move in, Document the condition of the property. Take

a walk through with the landlord or property management company, and

note any damage  of the renal property.  Photographs are a great way to

record the condition of the property when you first move in. Have the

landlord or property management company sign off on your notes, Keep

these in case of any dispute about repair or refunding the security deposit

at the end of your tenancy.

5. Pay rent on time and keep all receipt

A tenant is expected to be current on all rent, as provided in the lease.

Failing to Pay rent on time and in full  can  subject you to eviction and

liability for payment of the remaining rent.

      Whenever paying by cash, it is very important  to get a receipt and

keep it as the proof of payment. If the rent is paid by check, mark on the

check the month for which the rent is being paid before giving the check to

the landlord. Keep the canceled check when it comes back with the bank

statement. The tenant and landlord should keep complete records of rent

payments. They may be necessary at some point as proof about what rent

was paid or not paid.

6. Always keep the property in good condition.

A tenant is responsible for keeping the rental unit safe and sanitary.

dispose of  garbage in a clean and safe manner, use appliances properly

and prevent others from damaging your place.

        Upon moving out , the tenant is expected to leave the property in the

same or close to the same condition it was  when moving in. To get the

 unit be ready for the next tenant, thoroughly clean the whole place and

Make needed repairs.

      when you are ready to move out, Conduct a move-out inspection with

the owner or property management company. Return your keys at the

move-out inspection. Use the checklist you created when you first moved

in to address any issues. After the inspection the landlord will provide you

with an itemized list of proposed deductions from your security deposit.

          It  is best to be up front with your landlord about what needs to be

repaired or you can be charged later for actual damages.

         Before you completely move out, give your new address to the

landlord, so the security deposit can be sent.
 

7. Always keep a copy.

Whether it is a letter, a written notice , etc,  Make a copy of everything

you send the landlord and Keep everything you receive from landlords.  

Be sure to keep a copy of your signed contract, the receipt for your

security deposit and any other housing-related documents in a save place.

8. Document all communication.

When any damage occurs to the rental unit,you should notify your

landlord in writing immediately or at the first sign of problem.Letters may

also be followed-up with in-person visits or phone calls. All communication

should be documented and letters should be sent by certified mail, receipt

returned. Keep dated copies of all communications for your records.

9. Take pictures of the problem.

As part of the tenant record, it is a good idea to take pictures of the

problem, so that the tenant will have evidence if the tenant has to go to

court as a result of the landlord's failure to make repairs.

10.Comply with all conditions in the tenancy agreement.

Following your obligation and upholding your responsibilities can

minimize  chances of running into problems in the future.