Rental agreements tend to be verbal however longer agreements tend to be in writing as they will need to be registered with the Land Department if the agreement is longer than 3 years. This gets registered against the title deed on the property. These types of agreements you will see registered against the title deed if you do a due diligence report on the property before you buy it. This is why it is important to check before you buy.
There have been many changes over the last few years to rental agreements. The most significant is that you can only be asked for one month’s deposit according to the law and not three months as some people have been doing. This has been stopped by the new law. Contracts can also be broken on condition that the landlord has been given written notice at least 30 days before the ending of the contract. Other issues have also now been regulated. The landlord cannot make surprise inspections and demand access to your condo or your apartment. They also cannot lock you out of your condo or apartment.
The biggest issue has always been padding your electricity bill which is now also regulated. This has always been a major issue in Thailand with condominium rentals. Once you move your security deposit has to be returned within 7 days of leaving your apartment. Most times in Thailand the last month will be on the rental deposit so these do differ in reality as most simply don’t ask for the one-month deposit back, but live out the last month on that deposit.
There also cannot be a fee for renewing your agreement in the new laws and if you are uncertain about your rights, then speak to a lawyer in Thailand for more assistance and information. This is only meant as a very brief overview of rental agreements in Thailand. Note that the only problem with the above laws is that it is only applicable to landlords under the Contract Controlled Business B.E. 2561 (2018) who have more than 5 properties for lease.
Note that any lease agreement in Thailand in writing should be in Thai and English to avoid conflicts later. The agreements must identify the parties to this contract as well as the location of the property. You should also list the duration of the lease agreement as well as the total security deposit for the property. If the property is semi or fully furnished, then you should also list the contents of the condominium unit. Due days for payments need to be written down as well as the cost of utilities if the landlord does not fall under the Contract Controlled Business B.E. 2561 (2018).
Always take proper legal advice with regards to property lease agreements in Thailand as litigation is very slow and costly in Thailand. It is also always recommended to visit the property at different times of the day and night to see if there is noise, pollution or traffic jams that you might not like later.Rental Agreements