a) The Tenant cannot use the deposit as rent for the Property.
b) If the Tenant is in Default (Paragraph 10) or in violation of any other Terms and Conditions of this Lease Agreement, including unpaid utility charges, damaged or missing items, or other breaches to this Lease Agreement, the Landlord may retain the Security Deposit .
c) If the Security Deposit is not enough to cover damages and other offsets to the Security Deposit, the Landlord has the right to claim additional payment from the Tenant for the full amount of such costs in excess of the Security Deposit amount.
d) The Landlord will refund the Security Deposit to the Tenant on the Check-Out Date (Paragraph 2c) less any offsets if any. If the Landlord fails to do so, he agrees to pay the Tenant 500 Baht per day in late fees in addition to the balance of the Security Deposit owed to the Tenant. Offsets to the Security Deposit can include the following:
i. If the tenant terminates the Lease Agreement early and does not pay rent for the entire Lease Term (Paragraph 2), the Landlord may retain the Security Deposit in full
ii. If any Inventory (Appendix A) is missing, damaged or broken, the Landlord will deduct the cost to repair or replace the items from the Security Deposit
iii. The cost to repair any damages to the property other than normal wear and tear will be deducted from the Security Deposit.
Landlord and Tenant agree that the Agent is not liable in any way regarding any disputes arising from or in connection with the refund of the Security Deposit between the Landlord and the Tenant.
6. Utilities and other ongoing costs: The Landlord and The Tenant agree that ongoing costs associated with the Property will be paid as follows:
a. Electricity: Paid by Tenant
b. Water: Paid by Tenant
c. Cable TV: Paid by Tenant (Tenant arranges for service as desired)
d. Internet: Paid by Tenant (Tenant arranges for service as desired)
e. Minor repairs: Tenant is responsible for repairs of less than 1,000 baht
f. Gardening service: Included, paid by Landlord (1 day per month)
g. Village maintenance: Included, paid by Landlord
h. Checkout cleaning fee: 1,000 baht paid by Tenant upon checkout
7. Tenant responsibilities under this Lease Agreement: The Tenant agrees, represents, warrants and accepts responsibility for the Property as follows:
a. The Tenant shall not make any modification to any part of the Property without the prior written consent of the Landlord. If the Tenant modifies the permanent structure of the Property or decorates with the Landlord’s consent, the Tenant agrees to transfer the ownership of the modifications to the Landlord. Any temporary structure added with the consent of the Landlord at the expense of the Tenant will be removed and retained by the Tenant at the termination of this Agreement. If the Tenant modifies the Property without written consent from the Landlord, the Tenant is considered in breach of contract.
b. The Tenant shall not sublet the Property to any other person and shall not allow any person to reside or conduct a business or any services from the Property unless with the express prior written permission from the Landlord. Doing so is considered a breach of contract.
c. The Tenant shall respect the Occupancy level allowed (Paragraph 3). If the Tenant exceeds the Occupancy without written consent from the Landlord, the Tenant is considered in breach of contract.