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In Chiang Mai, as throughout Thailand, the relationship between landlords and tenants is regulated by the Civil and Commercial Code. The formalities are predominantly informal, with both parties having specific rights and obligations. The tenant can generally peacefully stay in the residential or commercial property for the duration of the contract, while the landlord has the right to collect rent and evict for non-payment or breach of contract.
Legal assistance is typically needed when disputes arise between landlords and tenants. This could be a disagreement over rental payments, eviction process, or responsibility for repairs. You may also need a lawyer when drafting or reviewing rental agreements to ensure the terms are fair, and your interests are protected. If you are unfamiliar with the local laws, a lawyer can guide you through the legal landscape.
In Chiang Mai, certain local laws impact landlord and tenant relationships. Tenancy agreements usually involve a written contract, but oral contracts are enforceable if they can be proven. The landlord cannot increase rent during the first year of tenancy and can only increase it once a year after that. If a landlord wants to evict a tenant before the end of a contract, they must provide a legal reason, such as the tenant damaging the property or defaulting on rent. Tenants also have the right to quiet enjoyment of the property and any interference from the landlord can be seen as a breach of contract.
1. Can a landlord enter the property without permission? Unless the rental agreement says otherwise, a landlord needs to get permission from the tenant to enter the property.
2. What happens if a tenant doesn’t pay rent? If a tenant fails to pay rent, the landlord has the right to issue them a notice of eviction, usually giving them a chance to pay within a specified period.
3. Can a tenant break a lease early? A tenant may break a lease early if the contract terms allow it or if they and the landlord agree on an early termination. If not, the tenant may be liable for the remaining rent.
4. How are disputes between landlords and tenants resolved? Landlords and tenants are encouraged to first resolve disputes through negotiation. If this fails, they can escalate the issue to the local authorities or to the court.
5. How much notice must a landlord give to raise rent? The landlord cannot increase rent during the first year of tenancy and can only increase it once a year after that, with 30 days' notice.
Legal advice can be obtained from local law firms specializing in property law. The Office of Justice Affairs and the Consumer Protection Board also provide helpful resources about the rights and obligations of landlords and tenants.
If you need legal assistance in matters of landlord and tenant relationships, you should first gather all relevant documents such as your tenancy agreement, any correspondence between you and your landlord, and proof of rent payments. The next step is to contact a reputable law firm or legal services in Chiang Mai. An initial consultation will help you understand your rights, potential penalties, and the best course of action.
