Landlord deposit and legality of eviction

Hello! I understand you're trying to help a friend with a difficult landlord situation in Thailand. It is commendable that you are trying to assist them. 

Offering paid legal advice without being a qualified lawyer in that jurisdiction is not recommended. Instead, you can share this general information with your friend to help them understand their rights and encourage them to seek professional legal help.

Here is a summary of the general legal principles that may apply to your friend's situation:

Early Termination of Lease
Under Thai law, a landlord cannot unilaterally terminate a lease before its expiration date without a valid reason, which typically must be a material breach of the contract by the tenant. If a landlord wishes to terminate the lease due to a breach, they are generally required to provide a written notice of at least 30 days. A 14-day notice, especially without a court order, is unlikely to be considered legally valid for eviction. If the tenant does not vacate, the landlord typically must file a lawsuit with a Thai court to obtain an eviction order.​

Security Deposit Deductions
Thai law regulates the handling of security deposits to protect tenants. Landlords are permitted to deduct from a deposit only for specific reasons, such as unpaid rent or damages to the property that are beyond "normal wear and tear". Minor cosmetic issues like light scratches on a countertop from normal use would likely be considered normal wear and tear, not damage for which a tenant is liable.​

Requirements for Deductions
A landlord must provide an itemized, written statement for any amounts deducted from the security deposit. They cannot simply withhold the deposit without justification. The burden of proof is on the landlord to show that the deductions are for actual damages that exceed normal wear and tear. After the lease ends, landlords are generally required to return the security deposit within 7 to 30 days, depending on the specifics of the lease and provided there are no valid claims against it.​

Tenant's Recourse for Unfairly Withheld Deposits
If a tenant believes their deposit is being unfairly withheld, they have several options:

Formal Demand The first step is often to send a formal written notice to the landlord requesting the return of the deposit.​

Mediation If the landlord does not comply, the tenant can seek mediation through governmental bodies like the local district office or the Office of the Consumer Protection Board (OCPB).​

Legal Action As a final resort, the tenant can file a civil lawsuit in a Thai court to recover the deposit. Having documentation such as the lease agreement, photos of the property's condition at move-in and move-out, and all communication with the landlord will be crucial.​

It is highly recommended that your friend seek guidance from a local lawyer who can review their lease agreement and provide advice based on the full details of their situation.