Terminate Lease Agreement

Posted Tue, Sep 9, 2025 9:53 AM

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I’m a lawyer who practice in Thailand

Posted Tue, Sep 9, 2025 9:55 AM

Sawadee, I'm a lawyer in Thailand 🇹🇭, and I'd be happy to provide some provisional opinion regarding your situation.

Provisional  opinion  

Based on the information you've provided, it's possible that the tenant's actions could be considered sufficient grounds for terminating the lease agreement under Thai law. Your contract clause "if the property is used in a manner deemed abusive, the OWNER reserves the right to terminate this contract" is key. The actions you describe, such as drawing on the mattress and furniture, piercing the swimming pool filter tank, and general neglect, would likely be interpreted by a Thai court as abusive use of the property.

Here's why:

• Breach of Duty: Under Section 553 of the Thai Civil and Commercial Code (CCC), a tenant is obligated to take care of the leased property as a prudent person would their own property. The actions you've listed, particularly the intentional damage like piercing the pool filter tank and drawing on furniture, go against this duty of care. Such behavior demonstrates a clear lack of prudence and respect for the property.

• Abusive Use: The term "abusive" is not explicitly defined in the CCC, but in practice, it refers to using the property in a way that causes damage, goes beyond ordinary wear and tear, or violates the terms of the lease. The acts you've described appear to fit this definition.

Recommended Course of Action

To proceed with the termination of the lease, you must follow the correct legal procedure. You can't simply evict the tenant without notice.

1. Written Notice: You should issue a formal written notice to the tenant, clearly stating the breaches of the lease agreement and giving them a reasonable period to rectify the situation. This notice should reference the specific clause in the contract and the damages you've observed.

2. Termination of the Contract: If the tenant fails to remedy the breaches within the specified time, you can then legally terminate the contract. You must inform the tenant of this decision in writing as well.

3. Potential Legal Action: If the tenant refuses to leave, you may need to file a lawsuit for eviction with the Thai courts. This process can be lengthy and requires solid evidence.

For a comprehensive review and to offer substantial legal advice, we would need to review the tenancy agreement in its entirety. The specific wording of the contract, including clauses related to maintenance, repairs, and dispute resolution, could significantly impact the legal strategy. Please provide us with a copy of the agreement so we can assist you further. Please take this as comment for any substantive legal advice. Please contact us directly on the following, this is not constitute a definitive legal advice for your situation. Info@isaanlawyers.com

Posted Tue, Sep 9, 2025 9:56 AM

We, SORASAK LAW OFFICE AND INTERNATIONAL CONSULTANT CO., LTD, Legal firm located in Bangkok. We have experience and have been providing a wide range of legal services to both Thai and foreign clients for 20 years. You can contact me via email admin@sorasaklaw.com 

Yours Faithfully,

Posted Wed, Sep 10, 2025 10:19 AM

Hi. Please send us a copy of the agreement so we can review the termination clause. Kindly send photos showing the damages. You contact me at +66850572376 (WhatsApp and LINE) or info@teamascendadvisors.com