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Many people from other countries want to live or invest in Thailand. Because of this, more people want to rent places to live, like houses or apartments. To do this properly, it’s important to know the rental laws in Thailand.
We’ve listed a few things to help landlords and tenants understand the rental laws in Thailand better!
Latest News about Rental Laws in Thailand
Landlords in Thailand won’t be allowed to demand several months of rent upfront or lock tenants out. New rental laws in Thailand passed last month aim to protect tenants’ rights by tightening the rules on landlords who rent five or more residential units. Now, tenants can end long-term leases with just 30 days’ notice if they have a good reason and are up-to-date on rent. Landlords must also charge only what’s on the utility bills and can’t ask for more than one month’s rent in advance or increase rent mid-contract.
The changes are causing concern for landlords, who might face fines or even jail time for breaking the rules of rental laws in Thailand. Security deposits must now be returned within seven days, and landlords are responsible for maintenance costs. Tenants who have issues with their landlords can file joint complaints, and both tenants and landlords can seek help from the Consumer Protection Board to make sure their contracts follow the new rental laws in Thailand.
What Do Rental Laws in Thailand Include?
It’s important for both landlords and tenants to understand their rights and responsibilities under Thai rental laws for a fair tenancy. Rental laws in Thailand are primarily governed by the Civil and Commercial Code. Here are some key points:
Rental Contracts
Rental agreements can be oral or written according to the rental laws in Thailand. However, it’s recommended to have a written contract to avoid misunderstandings.
Security Deposit
Landlords can request a security deposit as per the rental laws in Thailand, typically equal to one or two months’ rent. This deposit is refundable at the end of the tenancy, minus any deductions for damages or outstanding bills.
Rent Increases
Landlords can increase rent if it’s specified in the contract. Typically, this increase cannot happen during the term of the lease unless agreed upon by both parties.
Repairs and Maintenance
Landlords are responsible for maintaining the property in a good condition. Tenants should promptly report any issues with the property to the landlord for repairs.
Notice Period
Both landlords and tenants must give notice before terminating the tenancy. The notice period is usually specified in the rental agreement according to the rental laws in Thailand, typically ranging from 30 to 90 days.
Eviction
If a tenant fails to pay rent or breaches other terms of the lease, the landlord can initiate eviction proceedings through the court system. However, landlords must follow the rental laws in Thailand and cannot force tenants out without a court order.
Utilities
Unless otherwise agreed upon, tenants are responsible for paying utility bills such as electricity, water, and internet.
Owning and Renting Properties in Thailand
Owning and renting are regulated by the rental laws in Thailand, including the Land Code, the Civil and Commercial Code.
- Foreigners usually can’t own land in Thailand outright. But they can lease it for long periods, often 30 years at a time, with options to renew.
- Many people rent in Thailand instead of buying it. The lease agreement should clearly state things like how long the lease lasts, how much rent to pay, and what both parties must do.
- This is when someone can use and make money from land they don’t own. It’s another way for foreigners to use land in Thailand for a set time.
- Foreigners can buy condos in Thailand according to the rental laws in Thailand but there are limits on how many can be owned by foreigners in a single building.
Rental Laws in Thailand
The new rental laws in Thailand now include regulations for landlords who own five or more residential properties. These laws aim to protect tenants and make sure that there is fair tenancy in rental agreements. Here are some key points:
- Landlords with five or more properties must follow these rules.
- They cannot charge more for utilities than the actual cost.
- They can only ask for one month’s rent in advance and one month’s rent as a security deposit.
- Normal wear and tear cannot be charged to tenants according to the rental laws in Thailand.
- Deposits must be returned within seven days after inspection, and landlords must give advance notice before inspecting.
- Tenants can terminate the contract with 30 days’ notice and don’t have to fulfil the entire contract.
- Lease agreements must be in Thai but can also be translated into English.
- The agreement must include details like names, addresses, property descriptions, rental fees, utility fees, and service fees.
- Invoices for fees must be sent at least 7 days before they’re due as stated per the rental laws in Thailand.
- The physical condition of the property must be documented, and tenants must receive a copy.
- Security deposits must be returned promptly unless there’s damage.
- Termination terms and breaches must be clearly stated.
- The agreement must be provided in duplicate, with one copy given to the tenant.
Here are a few things that rental agreements cannot include according to ourvillas:
- Waiving the landlord’s liability.
- Charging more than one month’s rent for advance payment.
- Changing fees before the agreement ends.
- Confiscating deposits or advance rent.
- Inspecting the property without notice.
- Charging utility fees higher than government rates.
- Restricting access to belongings in case of default.
- Charging fees for lease renewal.
- Terminating the agreement early without a valid reason.
- Holding tenants responsible for normal wear and tear.
Frequently Asked Questions
Can a landlord increase the rent anytime during the lease period?
Generally, landlords cannot increase rent during the lease period unless it’s specifically stated in the rental agreement. Any rent increase must be agreed upon by both parties.
How much notice does a landlord or tenant need to give before ending a tenancy?
The notice period for terminating a tenancy is usually specified in the rental agreement. It typically ranges from 30 to 90 days. Both landlords and tenants must adhere to this notice period.
Is it mandatory for landlords to provide a written rental agreement?
While rental agreements can be oral, it’s highly recommended to have a written contract. A written agreement helps avoid misunderstandings and provides clarity on terms and conditions.
Are landlords responsible for maintaining the property?
Yes, landlords are responsible for maintaining the property in a habitable condition. This includes ensuring basic amenities such as water, electricity, and sanitation are functional. Tenants should promptly report any issues for the landlord to address.