In Thailand, the legal rights and responsibilities of a tenant (Lessee) are primarily governed by the Thai Civil and Commercial Code and the Consumer Protection Act, as well as specific agreements made between the landlord (Lessor) and tenant (Lessee). Here is a general overview of the rights and responsibilities of tenants in Thailand: Tenants have rights to peaceful enjoyment, privacy, ownership of their belongings, and timely maintenance by the landlord. They’re entitled to the return of their security deposit if they meet lease terms.
With no specific terms, tenants need a 30-day notice before termination. At lease end, tenants can terminate for any reason. Tenants must pay rent on time, care for the property, use it as agreed, comply with the agreement, and cover utility bills. They need consent for alterations or subletting. Inspections require reasonable notice. Tenants should promptly report repairs, and negligence-caused damage is their responsibility. They must not disrupt neighbors or engage in illegal activities.
Keys and access cards must be returned at lease end.
Tenant’s Rights:
Quiet Enjoyment: Tenants have the right to peaceful and quiet enjoyment of the property they are renting. Landlords must not interfere with the tenant’s use and enjoyment of the property.
Privacy: Tenants have the right to privacy. Landlords are generally not allowed to enter the rented premises without the tenant’s consent, except in cases of emergency or when clearly stated in the lease rental agreement. It is usual for the Landlord to give a prior notice period to the tenant to be allowed to enter the property, usually at least 24 hours.
Ownership. All fixtures, furniture and all other property brought onto the premises by the Tenant and/or his family will remain the property of the Tenant.
Security Deposit: Tenants have the right to the return of their security deposit (if any) when the lease term ends, provided they have met the terms of the lease, and the property is in the same condition as when they moved in. The deposit will typically be returned as soon as proof has been given that all bills have been settled by the tenant and that there has been no damage caused by the tenant. The return of the deposit may be done immediately, within 7 days or sometimes as long as 30 days after the end of the lease.
Notice Before Termination: In the absence of specific terms in the rental agreement, tenants are entitled to a written notice period of at least 30 days before a lease can be terminated by the landlord.
Termination at end of Lease term. At the end of the lease term the Tenant shall have the right to terminate the agreement at any time and for any reason.
Tenant’s Responsibilities:
Payment of Rent: Tenants are responsible for paying rent as agreed upon in the lease agreement by the date it is due and without deductions. Failure to pay rent on time can lead to eviction.
Maintenance and Repairs: Landlords are typically responsible for maintaining the property in good usable condition. If there are any necessary repairs or maintenance, tenants should inform the landlord, who should arrange for these to be carried out. However, it is not unusual for a clause to be inserted into the contract for the tenant to carry out minor repairs and maintenance up to an agreed amount. Usually replacement of lightbulbs, batteries or small broken items is the tenant’s responsibility!
Property Care: Tenant’s should return the premises, furniture, and appliances in the same clean state as at the beginning of the lease. Tenants are expected to take reasonable care of the property and avoid any damage beyond normal wear and tear during the term of the contract.
Use of the Property. Tenant’s should use the property as agreed in the contract. If the property is rented for residential purposes then it cannot be registered as an office or commercial space unless agreed by the landlord
Compliance with Agreement: Tenants must comply with the terms and conditions outlined in the rental agreement. This includes adhering to any rules and regulations set by the landlord or condominium or housing community (if applicable).
Utilities and Bills: Unless otherwise agreed upon in the lease, tenants are generally responsible for utility bills, such as water, electricity, and internet. Proof of up-to-date payment of these bills is required to ensure return of the Security Deposit at the end of the lease term.
Alterations. Tenant’ should not make alterations or additions to the property without the prior consent of the Landlord. If the tenant makes alterations without consent, the landlord may request the tenant to restore the property to it’s former condition at his own expense!
Subletting. Tenant’s are not allowed to assign or sublet the property without prior written consent from the Landlord.
Allow Inspection. The Tenant must allow the Landlord to enter the property for inspection if requested. The inspection can only be done at reasonable times during daylight hours and providing a minimum advance notice is given. The required notice period is usually agreed in the Lease Contract and the Landlord can be refused entry until such time has elapsed unless in an emergency!
Notifying Landlord: Tenants should promptly inform the landlord of any necessary repairs or issues with the property to avoid further damage. Failure to do so by the tenant may make the defect or problem worse!
Repair any damage caused by negligence. The tenant should make good any damage to the property caused by negligence or misconduct by the Tenant, his family or guests or staff.
Non-interference: Tenants should not interfere with other tenants’ quiet enjoyment of the neighboring properties, and they should not engage in any illegal activities on the premises.
Return all keys. The Tenant should return all keys and access cards for the property to the Landlord at the end of the lease term. It’s essential to carefully read and understand the terms of the lease agreement before signing it. The vast majority of lease rental agreements are governed by the laws of Thailand.
It’s essential to carefully read and understand the terms of the lease agreement before signing it. The vast majority of lease rental agreements are governed by the laws of Thailand.