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Tough Penalties
Exist for landlords in Thailand, under tenancy protection laws which came into force a few years ago. The following covers some of the typical 'old' practices you might find, and how they violate the new rules which can land yourself fines of up to 100,000 THB and 10 Years in prison. That's a pretty serious penalty, hopefully this article can be useful to any landlord (or lady) finding their way around how to stay above the law - especially when dealing with problematic tenants.
I have to remove this bad tenant! He's 2 months late on rent!
Don't panic, how bad are they. Are they having justifiable reasons for struggling? Are they capable of finding a way to resolve things? Remember replacements could end up worse! Talking it through calmly, without blame or threats - or mediation - is always the first port of call.
When Tenants May Make a Criminal COMPLAINT
Cutting utilities, making vocal threats, forcing entry or disturbing the residence without notice - and more - are very much considered criminal acts in Thailand. As is any notice of eviction not approved by a court and less than 30 days duration.
Such acts are threatening acts, which violate or obstruct a persons ability to function on the day (or days) they are performed. They may lead the person to suffer more stress and trauma whilst attempting to resolve their own private issues.
However, you can use the law, a solicitor, a court etc to follow the steps should you desire to remove a tenant. You can submit 30 DAYS written notice, requesting they resolve matters. Following which, you can apply for a court judgement. Once approved, only then you may begin eviction proceedings such as removal of utilities. The articles below cover this well.
Best Advice - Diligence on Contracts
Another point to consider is rental contracts with tenants must be well defined. Otherwise the property owner can be subjected to an order that they re-issue valid rental contracts to all under their ownership/management, or face harsh penalties. Not only that, poor contracts only lead to more landlord-tenant disputes. On the other hand, a well formed contract protects and guides both landlord and tenant in the case of major issues.
This is something anyone owning and renting out properties (more than 5 units) in Thailand must know. It is important to have in place compliant lease agreements, and if not rectified, can result in some hefty penalties. If in doubt, contact a good lawyer or realtor who can guide you to ensure your contracts clauses are both legal, and cover explicitly tenant violations such as late/non-payment.
Anyone renting in Thailand perhaps facing some questions or situations with their own rental or lease agreements, may also find this to be a very useful guide.
🧐 ALL LANDLORDS (Or agents/property managers thereof) For violation of residential rental laws - if discovered by the authorities or subjected to a complaint ✍️, face the possibility of 😍 10 YEARS in jail. 😍
💦⚡️ Lessors are prohibited from charging Premiums on Utility Rates, and thus should charge the standard government rate 💦⚡️
🍋🍋 !!!! This is particularly relevant to apartments, that often set 👉arbitrarily high utility fees (I.e. Water, Electricity, Wifi) that can vary considerably from the rates set by the main utility providers. 🍋🍋
💄💄💄landlord cannot easily terminate a lease on the grounds of breach of covenant ..... the landlord must give ✍️ 👉👉👉notice of 30 days 👈👈👈that it be rectified, and only if ignored, can the landlord terminate the lease.
👉👉 Finally, only ONCE a court order is obtained, can eviction be served or utilities cut.👈👈
Recommended Articles
https://www.khaosodenglish.com/news/business/2018/03/08/new-rights-renters-thailand-shock-landlords/
https://www.ddproperty.com/en/property-guides/what-is-the-thai-rental-law-all-about-13924
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