Real estate investment in Thailand has the wind in its sails, it is indeed profitable to buy an apartment in order to rent it. On the other hand, Thai legislation is much more flexible than French legislation in this respect. It is important to know a few things in case of a dispute with your tenant.
In Thailand, both the rents and security deposits are freely negotiated and fixed within the lease agreement by the parties. The deposit is in practice equivalent to the amount of monthly rent in addition to the payment, in advance, of the first month.
In Thailand, both the rents and the amount of security are freely negotiated and fixed within the lease agreement by the parties. The deposit is in practice equivalent to the amount of monthly rent in addition to the payment, in advance, of the first month. If Thailand is recognized as liberal, the laws governing the parties being contained in the contract concluded with the tenant, a new regulation, in force since May 2018, increased tenant’s protection, but its provisions apply only to owners of 5 properties/minimum units.
Thus, for example, with regard to the restitution of the deposit, in the absence of damage on the property rented by the lessee, must be the subject of restitution within 7 days. Its amount is also limited to 1 month’s rent. However, the clauses included in the lease agreement will be essential in the event of a dispute with the lessee. This contract is therefore essential in order to avoid any litigation during the rental of your property. Will be indicated the start and end date of the contract, the rental end conditions, the date of payment of the rent each month, etc.
Has your lease agreement come to an end, your tenant is no longer paying the rent or causing damage to your property?
The first step in order for your tenant to leave your apartment or villa will be to send a formal notice drafted by your lawyer stating explicitly that the tenant has a period of 7 days to leave the premises before launching an eviction procedure before the judge.
If your tenant does not leave the premises, you will have to present your request for expulsion and damages in court. The procedure can take between 3 and 6 months. Important: if the Thai law is not very conciliatory with the tenants not paying the rent, some actions are prohibited on your part: - You cannot enter the property using duplicate keys without the consent of the tenant - You cannot empty the property of the tenant’s personal belongings without permission from the judge.
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Opera Consulting is a French-speaking law firm based in Bangkok. Our offices are located in the Sukhumvit district (near BTS Asok). Composed of a dynamic team of lawyers with more than 15 years of experience, and consultants speaking Thai, French, and English. We offer a wide range of services to offer you complete legal assistance in Thailand.