When Fear Overrides Lease Agreements: Humanitarian Grounds for Early Termination

เข้าใจเลยครับ! ผมจะปรับโครงสร้างบทความภาษาอังกฤษให้ตรงกับเวอร์ชันต้นฉบับภาษาไทยโดย:

• แก้คำว่า “1. One of the most common conflicts...” ให้ไม่ใช้ตัวเลข

• ปรับลำดับเลขหัวข้อในส่วนถัดไปให้ตรงตามลำดับจริง

• รักษาโครงสร้างจุด (.) และขึ้นบรรทัดใหม่ตามสไตล์ต้นฉบับเดิมทุกประการ

📝 English Version (Revised, structure-preserved):

One of the most common conflicts between landlords/agents/tenants
is the impact of the tenant's "fear"
more than actual physical damage.
.
In terms of technicality or law,
the term “Humanitarian Grounds”
when applied in rental contexts
should be approached systematically.
.
Because refunding a security deposit before the end of the lease
shouldn't be based purely on emotion or sympathy,
but it impacts credibility, fairness,
and the integrity of the overall rental system.
.
A follower once asked me—
having read what I wrote:
"By principle, legal agreements should be followed
but also consider humanitarian grounds."
So how do I define this word #humanitarian?
How do I evaluate it?
.
OK!!!
We can establish “humanitarian evaluation criteria”
to assist in making reasonable decisions, as follows:
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✅ Basic criteria that can be used for evaluation
(based on reasonable judgment, not just tenant’s feelings)
.
.
1. Is the reason for early termination related to actual safety concerns?
Was there news or incidents near the unit/building—
e.g. fire, earthquake, structural shake, etc.?
Was there a certified report from building management or engineers confirming “absolute safety”?
.
If there's solid proof that the building is safe, yet the tenant still insists on leaving,
this may be considered a “personal fear”
rather than a justified reason to break the lease.
.
.
2. Has the tenant suffered severe psychological impact?
(And can it be proven?)
For example: psychiatrist's note,
documented PTSD events.
If so → this might qualify
as a “special humanitarian circumstance.”
.
.
3. Has the tenant shown responsibility and cooperation throughout the lease?
✅ Good customer profile
✅ On-time rent payments
✅ No outstanding utility bills
✅ No disturbances during tenancy
✅ Maintained room in excellent condition
✅ Gave notice in advance and agreed to partial forfeiture
.
If all these are true...
You might consider refunding part of the deposit
or offering support in another form.
.
.
4. Has the tenant stayed long enough?
✅ If over 1 year with good behavior → flexibility may apply
✅ If under 6 months → no or partial refund only
.
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Cases where refund “should not” be granted under humanitarian grounds:
❌ Tenant caused property damage but blamed “fear”
❌ Sudden move-out notice without time to find replacement
❌ No cooperation for unit inspection
❌ Refused to provide facts or communicate reasonably
.
📌 A good management practice,
as an agent:
Keep all discussions documented
(Line, Email, etc.)
to ensure transparency in decision-making.
.
In negotiation, sometimes both sides must take a step back—
You may offer compromise options such as:
✅ Partial refund
✅ Former tenant helps find a replacement by a deadline
✅ Only deduct cleaning and admin fees
.
All these form the basis of my recommendations
when discussing with property owners.
Because ultimately, the person with final say
is the property owner.
.
We as agents
can provide consultation
and structured evaluation criteria
based on logic and reason.
.
.
.
Take today’s case:
A high-rise condo in Sathorn,
almost no structural damage from the recent earthquake.
Room inspection: excellent condition!!!
.
The tenant—an Indian working at a major firm—
requested early move-out.
Reason: “I no longer feel safe living in tall buildings.”
.
When we applied the above criteria:
❌ No cracks or damage to the unit
❌ Tenant refused contract terms, asked for leniency instead
❌ Only stayed for 6 months (out of 12)
❌ 1-month overdue electricity, 6-month overdue water
❌ Never met the actual tenant—only their representative
❌ If new tenant is found, full deposit refund still expected
.
Everything must be based on clear evaluation criteria—
No matter how dissatisfied the other side may feel,
we must remain firm and decisive
to resolve the matter professionally.
Upon joint review with the landlord:
Conclusion: No deposit refund.

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