nhooey/Thailand Rental Lease Rules.md

## Thailand Rental Lease Rules.md

      
    Raw
  

              Thailand Rental Lease Rules.md
            
          
2018-02-23: Tilleke & Gibbins: New Contract Controls Introduced for Residential Property Leasing Businesses in Thailand

Tilleke & Gibbins: New Contract Controls Introduced for Residential - Property Leasing Businesses in Thailand

Residential lease agreements must not contain:


Any advance rental fee equivalent to more than one-month’s rent;


Any security deposit of more than one-month’s rental fee;


2019-11-21: Conventus Law: New Contract Controls Introduced For Residential Property Leasing Businesses In Thailand.
2019-11-30: Conventus Law: Thailand – Updates On Residential Lease Contracts – What You Need To Know.

Outlines changes of the law from 2018 to 2019:
(Most of the benefits in favour of the tenant were rolled-back)


Previous Notification (2018)
New Notification (2019)


Provision excluding or limiting the operator's liabilities from a breach of contract or act of tort.
Provision excluding or limiting the operator's liabilities from a material breach of contract or act of tort without any justifiable reason.


Provision permitting the operator to collect an advance rent payment for more than one-month's worth of rent, or to collect a security deposit equivalent to more than one-month's rent.
Provision permitting the operator to collect an advance rent payment and security deposit, a combined amount of which exceeds three-months' rent.


Provision allowing the operator to confiscate the security deposit or advance rent payment.
Provision allowing the operator to confiscate the security deposit or advance rent payment due to a reason which is not the tenant's fault.


Provision permitting the operator or its agent to access the leased property for inspection, without prior notice to the tenant.
Provision permitting the operator or its agent to access the leased property for inspection, without prior notice to the tenant. This excludes emergencies which, without such access, would cause damage or impact to the operator or other tenants.


Provision enabling the operator to block the tenant from using the leased property, or to enter the leased property for seizing or moving the tenant's assets, should the tenant default on rent payment or any other lease-related expense.
Provision enabling the operator to block the tenant from using the leased property, or to enter the leased property for seizing or moving the tenant's assets, before the operator has duly exercised their lease termination right.


Which is effectively:

Tenant can only terminate lease after half of the lease period, instead of whenever
Operator can terminate the lease if the tenant breaches any terms, but doesn't have to wait for the tenant to remedy the situation after 30 days
Operator can request a total of 3 months rent for the advance rent and security deposit
Previous Notification (2018)	New Notification (2019)
Provision excluding or limiting the operator's liabilities from a breach of contract or act of tort.	Provision excluding or limiting the operator's liabilities from a material breach of contract or act of tort without any justifiable reason.
Provision permitting the operator to collect an advance rent payment for more than one-month's worth of rent, or to collect a security deposit equivalent to more than one-month's rent.	Provision permitting the operator to collect an advance rent payment and security deposit, a combined amount of which exceeds three-months' rent.
Provision allowing the operator to confiscate the security deposit or advance rent payment.	Provision allowing the operator to confiscate the security deposit or advance rent payment due to a reason which is not the tenant's fault.
Provision permitting the operator or its agent to access the leased property for inspection, without prior notice to the tenant.	Provision permitting the operator or its agent to access the leased property for inspection, without prior notice to the tenant. This excludes emergencies which, without such access, would cause damage or impact to the operator or other tenants.
Provision enabling the operator to block the tenant from using the leased property, or to enter the leased property for seizing or moving the tenant's assets, should the tenant default on rent payment or any other lease-related expense.	Provision enabling the operator to block the tenant from using the leased property, or to enter the leased property for seizing or moving the tenant's assets, before the operator has duly exercised their lease termination right.