Weird.
I am one of the few whom first started a Real Estate Agency in Chiang Mai many years ago and so I know how most if not all the Real Estate Agencies/Agents operates.
The Rental Deposit is always/must be made to the Owner instead of the Real Estate Agency/Agent as the Real Estate Agencies/Agents do not have the authority to lease out the property directly to you and hence they do not have the authority to collect Rent and/or Deposit on the Owner's behalf; unless in some cases but very uncommon (only came across once in 9 years) the Owner has given Power of Attorney to the Real Estate Agency/Agent to lease and manage the property on his/her behalf but in this case, you could still hold both the Real Estate Agency and the Owner responsible.
In recent years, there are more and more cases of Owners fleeing Tenant's Rental Deposit. Hence, there is a possibility that could be the case when your Real Estate Agent says that it was the Owner whom refused to give you back your deposit.
Whose name was on the receipt of your Rental Deposit? Presumably you must have a receipt for the money you paid and for what purpose? Probably the receiptient of your deposit may be in the contract too?
Not taking sides here between the Owner and the Real Estate Agency/Agent but if there is a receipt for your Rental Deposit, it's the issuer of the receipt of your deposit you have to go after. If the issuer of the receipt is your Real Estate Agency/Agent, there is a very high probability that they may have illegally collected rent and/or deposit on the Landlord's/Landlady's behalf. Or even if the Real Estate Agency/Agent may have collected rent and deposit legally with Power of Attorney from the Owner, and the money may have gone to the Owner, you may still hold both parties responsible. Go after the issuer of the receipt of your Rental Deposit and let the Real Estate Agency/Agent and Owner sought out their own issues themselves.
Anyway, regardless the issuer of the receipt of your deposit is the Real Estate Agency/Agent or the Owner, a trip down to the police station within the jurisdiction of the Rental Property and a couple phone calls from the police to the Real Estate Agency/Agents and/or the Owner would solve the problem in most cases; the Real Estate Agency/Agent and/or the Owner is betting on the hope that most farangs are "presumably" rich and wouldn't go to the trouble of making it a legal issue and the hassles to get the deposit back. Therefore, in most cases, they would back down the instance they received a call from the Police.
I highly suggest you make a police report and take it from there. If your Real Estate Agency/Agent suggests that it was the Owner whom refused to give you back your Rental Deposit, it would help if you could get them to go down to the police station with you. If the story is true that it is the owner whom refused to give you back your deposit, try to get the Real Estate Agency/Agent on your side and make make a police report with the assistance of your Real Estate Agency/Agent would help greatly.
Hope that helps!
P.S. - To WTK, please don't be too quick in your judgement on Real Estate Agencies/Agents if you do not fully understand how each agency/agent operates and how they could help you. For instance, the contract, one provided by the Landlord/Landlady himself/herself, and a contract provided by a middleman-agency-agent in protection of both parties instead of a one-sided protection contract without any penalties of the Owner. Though, I do not deny the fact that there are many agencies/agents whom are just there for the commission and are totally useless when problem occurs but please try not to generalize.
^_^
Member Since 2005-06-23Offline Last Active Today, 02:46





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