Best Landlord & Tenant Lawyers in Bueng Kum
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Find a Lawyer in Bueng KumThailand Landlord & Tenant Legal Questions answered by Lawyers
Browse our 2 legal questions about Landlord & Tenant in Thailand and the lawyer answers, or ask your own questions for free.
- Break my lease
- Pursuant to your inquiry, we would like to inform you that the conditions for terminating the lease agreement depends on the termination clause in the agreement. To provide you with the advice, kindly provide us with the lease agreement so we can review it further.Yours Faithfully,Corporate Legal Team
- How to stop Illegal short term rental in my condominium
- Our law firm (SB Law Asia) are experts in all aspects of Thai property law. We would be very pleased to assist you. Please contact us to arrange a free consultation. E-mail: [email protected]. Mobile: 082-256-3165.
About Landlord & Tenant Law in Bueng Kum, Thailand
Bueng Kum is a district of Bangkok, so landlord and tenant relationships here are governed primarily by national Thai law, especially the Civil and Commercial Code on hire of property, the Condominium Act for condo units, consumer protection rules for residential leasing businesses, and Bangkok municipal practices. Most private residential lets are straightforward month to month or fixed term arrangements documented by a written lease. Where a lease is longer than three years, Thai law requires registration at the competent Land Office to be enforceable against third parties.
Thailand is a civil law jurisdiction. Court proceedings are handled by the Civil Court system sitting in Bangkok, and enforcement of court judgments is carried out by the Legal Execution Department. Self help measures like lockouts are not lawful. Because the specific terms in your lease and whether your landlord is a business operator or a private individual can change which rules apply, local legal advice is valuable.
Why You May Need a Lawyer
You may need a lawyer if you are negotiating a significant lease, especially a long term or high value tenancy. A lawyer can draft and review terms so that rent adjustments, maintenance obligations, subletting, early termination, renewal options, and deposit handling are clear and compliant.
Disputes are common when a tenant falls behind on rent, when a landlord withholds a security deposit, or when repairs and habitability are contested. A lawyer can help send formal notices, negotiate a settlement, or bring or defend a court claim if needed.
If you plan to register a lease exceeding three years, or you are a foreign tenant seeking a long lease, a lawyer can handle due diligence and registration at the Bangkok Land Office with jurisdiction over the property in Bueng Kum, prepare the Thai language forms, calculate stamp duty, and confirm that the owner has authority to lease.
If you rent a condo, a lawyer can reconcile your lease with the building regulations issued by the condominium juristic person so you do not face unexpected fines or restrictions.
Local Laws Overview
Core Thai law on leases. The Civil and Commercial Code sets out rights and duties for lessors and lessees. A lease of immovable property for more than three years must be in writing and registered with the Land Office to be enforceable in court for the full term. Unregistered long leases are treated as three year leases. Stamp duty is payable on leases. If rent is paid monthly and the lease has no fixed term, reasonable written notice is generally required to end the tenancy.
Residential leasing businesses. If your landlord is a business operator that leases multiple residential units as a business, special consumer protection rules can apply. These rules require clear contract terms, limit deposits and advance payments, require deposit return within a short time after moving out, restrict utility markups to actual billed rates, and set rules on inspections and entry. Many private individual landlords are not subject to these business operator rules, so your rights can differ depending on who your landlord is.
Deposits and fees. Thai law does not set a universal deposit cap for all landlords. Typical private leases in Bangkok collect an advance rent plus a security deposit. Where the residential leasing business rules apply, deposits and advance payments are capped and must be returned promptly after lawful deductions.
Repairs and maintenance. Unless your lease states otherwise, landlords must deliver the property in a condition fit for use and keep it in that condition. Tenants must use the property with ordinary care and report defects. Normal wear and tear is the landlord’s responsibility. Damage caused by a tenant or guests is typically deductible from the deposit.
Rent increases. During a fixed term, rent usually cannot be increased unless your contract allows it. For periodic tenancies, landlords can propose an increase with reasonable advance notice, subject to contract and consumer protection limits if applicable.
Evictions. Landlords cannot lock you out, remove your belongings, or cut utilities to force you to leave. If you breach the lease, the landlord must give notice to cure the breach if cure is possible, then file a case in the Bangkok Civil Court. After a judgment, the Legal Execution Department carries out enforcement. Tenants who need to leave before a fixed term ends should review early termination clauses to avoid damages.
Condominiums and village estates. Condo juristic persons and housing estate juristic persons issue building or village regulations that bind occupants. These rules work alongside your lease on matters like common area use, renovations, pets, and parking, and violations can result in fines that your lease may pass on to you.
Foreign tenants. Foreigners can lawfully rent residential property. Long leases can be registered for up to 30 years. Renewal options should be drafted carefully and may require separate registration to be effective against successors in title.
Registration and authorities in Bueng Kum. For properties in Bueng Kum, lease registration is handled by the Bangkok Land Office with jurisdiction over the property location. You will need the owner’s title documents, identification, the lease in Thai, and funds for registration fees and stamp duty.
Frequently Asked Questions
What law governs residential leases in Bueng Kum
Residential leases in Bueng Kum are governed by the Thai Civil and Commercial Code, with additional rules from the Consumer Protection Board for residential leasing businesses, and by the Condominium Act if you rent a condo unit. Bangkok practice and local juristic person regulations also apply where relevant.
Do I need to register my lease
Registration is required if the lease term is more than three years. A lease for three years or less does not need registration, but putting the agreement in writing is strongly recommended. Unregistered leases longer than three years are not enforceable beyond three years.
How much deposit can a landlord charge
There is no single nationwide cap for all landlords. Private individual landlords often request an advance rent plus a security deposit set by contract. If your landlord is a residential leasing business operator, consumer rules limit deposits and advance payments and require prompt return after move out. Check whether your landlord qualifies as a business operator and review your lease terms.
Can my landlord cut water or electricity if I am late on rent
No. Cutting utilities, changing locks, or removing your belongings to force you out is unlawful. The landlord must use the court process to evict. If utilities are in the landlord’s name, charges can be passed through only as permitted by contract and, for business operators, only at actual billed rates.
How does a landlord legally evict a tenant
Typically the landlord serves a written notice describing the breach and giving a reasonable time to cure. If the breach is not cured, the landlord files a lawsuit in the Bangkok Civil Court. If the court orders eviction and or damages, the Legal Execution Department enforces the judgment. Eviction without a court order is not lawful.
What can I do if my deposit is not returned
Send a dated demand letter requesting an itemized deduction list and return of the balance by a deadline. Keep evidence of your condition handover. If that does not resolve the issue, you can file a claim in the Civil Court. Where the landlord is a residential leasing business operator, you can also complain to the Consumer Protection authorities.
Who is responsible for repairs
The landlord must keep the property fit for use, handle structural and major system repairs, and address defects not caused by the tenant. Tenants must perform ordinary care, report issues promptly, and are responsible for damage they or their guests cause. Always check the maintenance clause in your lease.
Can rent be increased during a fixed term
Only if your lease permits it and states how the increase is calculated. Otherwise, rent remains as agreed during the fixed term. For periodic tenancies, landlords may propose an increase with reasonable notice, subject to contract and any applicable consumer rules.
Can foreigners sign long leases in Thailand
Yes. Foreigners can enter into residential leases. A lease exceeding three years can be registered at the Land Office for up to 30 years. Renewal options should be carefully drafted and may require separate registration to have effect against a new owner.
Is a verbal lease valid
Leases of three years or less can be oral under Thai law, but proving terms later is difficult. A written lease avoids disputes and is essential if you want to register a term longer than three years.
Additional Resources
Department of Lands - Bangkok Land Offices handling lease registrations for properties located in Bueng Kum.
Office of the Consumer Protection Board - Contract Committee and consumer complaint services for residential leasing businesses.
Bangkok Civil Court - Civil disputes including eviction, rent arrears, and deposit claims.
Legal Execution Department - Enforcement of court judgments and eviction writs.
Bangkok Metropolitan Administration - Bueng Kum District Office for local administrative matters connected to property records and residence registration.
Lawyers Council of Thailand - Lawyer directory and professional standards.
Mediation organizations under the Ministry of Justice - Court annexed mediation and community mediation services.
Condominium juristic persons and housing estate juristic persons - Building rules and certificates needed for move in and move out.
Next Steps
Identify your landlord type. Confirm whether your landlord is a private individual or a residential leasing business operator, as this affects deposit rules, utility charges, and early termination rights.
Collect your documents. Gather the draft or signed lease, proof of payments, communications, inspection reports, and any condo or village regulations that apply.
Assess registration needs. If your lease term is more than three years, plan for Land Office registration and stamp duty. Confirm which Bangkok Land Office has jurisdiction over the property in Bueng Kum.
Send or respond to notices. If a dispute arises, use clear written notices with dates and deadlines. Keep copies. Do not withhold rent without legal advice, as this can breach the lease.
Seek legal advice early. A local lawyer can review your situation, negotiate solutions, and represent you in court if needed. Ask about costs, timelines, and chances of success before proceeding.
Consider mediation. Many landlord and tenant disputes settle through negotiated agreements. Mediation can save time and cost compared to full litigation.
This guide provides general information for Bueng Kum, Thailand. Laws and procedures can change, and outcomes depend on your contract and facts. Consult a qualified Thai lawyer for advice tailored to your case.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.