Rights of Tenants in Bangkok
Thailand has attracted a lot of foreign investment over the years and has sought ways to protect the rights of foreigners who live and work here. There are many different types of properties for rent in Thailand such as apartments, condominiums and houses. Most of them come fully furnished with modern furniture and household equipment.
Thailand has attracted a lot of foreign investment over the years and has sought ways to protect the rights of foreigners who live and work here. There are many different types of properties for rent in Thailand such as apartments, condominiums and houses. Most of them come fully furnished with modern furniture and household equipment. In order to rent these properties a lease agreement will be required to be signed between you and your landlord. Foreigners living in Thailand should submit a copy of their working permit, passport and proof of income but are rarely done. A lease agreement is designed to protect the rights of both the landlord and the tenant. Typically the terms of the lease should be able to stipulate:
- The amount of rent to be paid per month.
- The duration of the lease agreement.
- The due result if either party terminates the lease.
- Any other terms and conditions.
The good thing about having a lease agreement is to protect tenants from any unexpected hikes rental fees. Make sure to have a signed inventory listing of all the fixtures, furnishing and the condition of the room as you moved in. In some cases, the landlord may require that you provide a guarantor that will also be required to sign the agreement. A common requirement for most landlords is for acceptable tenants to pay a two-months deposit, together with the first month’s rent. This deposit is refundable at the end of the lease period. However, landlords will first assess the house and take an inventory of furnishing, fixtures and condition of the apartment. If the condition of the property is found acceptable, they should refund the deposit amount in full, if not, they can deduct any expense incurred to restore the apartment to its original condition. It has become a common practice among some landlords, to decline refunding this deposit amount at the end of the end or termination of the lease. This practice is often done indirectly, through delay tactics or unclear conditions in the lease agreement. The only recourse most tenants have, under this type of scenario, is to report the matter to the consumer protection agency.
Having noticed a clear trend in this worry some practice, the consumer protection agency issued clear guidance, in 2006, on the period in which deposit money is to be refunded back to the tenant at the end of the lease. The notification required that a landlord should issue a receipt to tenant, once the deposit has been made. This deposit should be refunded immediately upon expiration or termination of the lease agreement, unless the landlord wants to access the condition of the property rented to the tenant. If no damage is found on the property, then the landlord is required to refund money, within 7 days. This condition also applies to those lease agreement that may not express those terms explicitly. If the landlord is unable or unwilling to comply, they are a liable to face a fine of THB100,000 or up to one year in jail or both. These conditions do not apply to juristic entity (companies) who are tenants.