Alex had been renting a flat in Chiang Mai for eight months. Recently, he faced rental disputes in Thailand with his landlord. Due to his busy work schedule, he was unaware of the payment notices sent by his landlord. To his surprise, the landlord arrived a week later and demanded that he vacate the premises by the following month.
Furthermore, the landlord claimed compensation of 500 THB for sofa damages, citing two months of unpaid rent. Feeling disheartened, Alex visited a legal firm in Thailand to seek help.
Top areas of rental disputes in Thailand
Let’s check the areas of concern in rental agreements of foreigners in Thailand:
1. Payment-related rental disputes
Under the rental agreement, as a tenant, you must abide by the ‘Thai Civil and Commercial Code’ and pay rent charges monthly.
“A hire purchase is a contract whereby an owner of a property lets it out on hire… conditionally on his making a certain number of payments”.
Section 572 (Lease-purchase)
Nevertheless, if the rent has not been fixed, it can be paid monthly or annually. However, Alex got no information about this regulation. This created further rental disputes in Thailand, due to his lack of knowledge about rental payments.
“If no time for payment of rent is fixed by the contract…the rent must be paid at the end of each period for which it is stipulated…”
Section 559 (Exchange)
Similarly, Alex faced a challenge in this case due to his failure to make payments for the last two months. As a result, he suffered a loss of assets and could not enjoy the premises for the full lease period.
2. Breach of contract-related rental disputes
Did you know that a foreigner can rent a house or flat in Thailand with a minimum 12-month contract? However, a landlord can issue a 30-day notice to vacate that flat. This often leads to an issue of breach of contract between the parties.
“The owner may also terminate the contract in case of default of two successive payments…breach of any material part of the contract”.
Section 574 (Hire-Purchase)
Based on this, Alex cannot violate the terms of occupying the flat without making payments for 2 months. But, landlords won’t be able to terminate the contract unless the tenant is found to be in substantial breach of contract.
To learn more about agreement rights, visit Rental Agreements in Thailand
3. Compensation-related rental disputes
Initially, Alex made the mistake of not ensuring the maintenance of the property from the start. As a result, the landlord was unable to recover the loss or damage within the required period.
“The tenant is liable for any loss or damage caused to the property hired by his own fault…persons living with him or being his sub-tenant”.
Section 562 (Responsibility on sub-lease)
As a tenant, you must submit the bill of expenses to repair any damaged utilities during your lease period. Furthermore, this amount can be deducted from your monthly rental payments. Therefore, Alex cannot press charges against his landlord for the additional maintenance claim.
“If without the depositor’s permission, the depository uses the property…or lets the third person have the use or custody of it… liable for any loss or damage of property”.
Section 660 (Deposit)
Finally, foreign tenants must be cautious before any commitment to a property agreement. However, rental disputes in Thailand can be avoided if a foreigner follows the norms under the Thai Civil and Commercial Code.
At Konrad Legal, we guarantee the protection of your tenancy rights in Thailand.
