Thread: Leasing

My info comes from Thai lawyers! But not working at my office !

koratlawyers DOT com

Originally Posted by dirtydog

Lets say the owner wants the lessor out after the first 3 years, the owner admits that the lease agreements were all pre-signed there fore invalid, would the owner win? would both be charged for fraud and the owner charged with tax evasion? I could imagine it becoming quite a mess

This would be a difficult one dog.

In English law there is no presumption to act in good faith - hence the old caveat emptor rule.

However, in Thai law there is a presumption of law that one act in good faith - hence Section 150 of the CCC which, basically, states that if you don't your contract is null and void.

On the flip side, Thai law does recognise the concept of a "sitting tennant", which is very much an English law concept and not really a European concept. Thus, to try and sell a place with a sitting tennant in Thailand is not easy.

Also, one must keep in mind that because something is not enforceable, doesn't mean it is not valid. For example, I enter into a 5 year contract with you (as land owner). We don't register the contract at the land office. In itself this makes the contract unenforseable, but it does not make it invalid. A very moot point perhaps, but it shows that even as unenforceable, as valid, it can be subject to challenge, change in law...

I noticed this thread as I'm looking for a contract at the moment that I hope to sign on Saturday to cover my new home. At present I have this from a friend but it is only in English not in Thai. My proposed land lord is Thai so it would be better if I had a contract that was in both languages and is hopefully if not in my favor then at least fair.

Does anyone have such a beast.
Thanks
Douglas

LAND AND HOUSE LEASE CONTRACT

LAND AND HOUSE LEASE CONTRACT

Made at ...............................................

Date: .................................................. .

This contract is made between :

- Mr/Mrs/Ms .............................., address……......................................... ............................................, phone: ………..........……, hereinafter called the "lessor", on one part,
and
- Mr/Mrs/Ms ............................., a citizen of:.........................., born in ……....................….., Date of birth ......................, passport number …....................… Expiry Date: ...................., hereinafter called together the "lessee", on the other part.


OBJECT : land and house located at …...................……….........................…...................………........................... ...................... – Thailand, hereinafter called the "leased property".


Both parties agree to enter into this contract in accordance with the conditions detailed in the following items:


Item 1. The lease is granted for a period of: ......................... from ............................ to ............................., at a monthly rental fee of ................................ Thai Baht to be paid monthly in advance in the ten (10) first days of the month against receipt.
A deposit of ............................. Thai Baht is paid now. It will be returned at the end of the contract.


Item 2. During the tenure of the lease, the "lessee" is responsible for payment of fixed telephone, electricity and water, per individual meter, with the bills in his/her name. For this, the "lessor" undertakes to transfer as soon as possible the electricity, water and fixed telephone contracts to the name of the "lessee". A report of the counters will be done at the beginning of the lease.


Item 3. The "lessor" can stop the lease contract if the "lessee" fails to pay the rental fees when due or if the “lessee” causes damage to the "leased property" which will adversely effect the value of the "leased property" or if the “lessee” uses the property to engage in illegal acts under Thai law. The "lessor" must give written notice of his wish to terminate the lease contract and give ten (10) days notice. The “lessor” must have made reasonable attempts to collect the rental fees before terminating the contract.


Item 4. If both the “lessor” and “lessee” agree in writing the contract may be terminated at any time.


Item 5. Without notice in writing from the “lessor” at least one month before the end of the contract, the contract will be automatically extended for a period of 1 month with the same conditions and will continue month by month until either the “lessor” or “lessee” terminate the contract giving a months notice in writing before hand.


Item 6. The legal binding of this contract covers and engages the descendants, the estate and heir(s) of the "lessor" or to whoever the ownership of the land and/or the house may be transferred or sold. The legal binding of this contract covers and engages the descendants, the estate and heir(s) of the "lessee".
In case of “lessor” would like to sell the “leased property”, he agrees to first inform the “lessee” of his intention to sell.


Item 7. The "lessee" may if he/she requires make changes to the decorations and furnishings of the “leased property” and is not required to return the “leased property” to it's original state of furnishing and decoration on termination of the lease.


Item 8. The "lessee" agrees to pay a security deposit (as mentioned in Item 1). The “lessor” shall return this amount of money in full when the contract is terminated, as long as no outstanding repair costs have been incurred by any damage to the “leased property” resulting from the “lessee's” negligence and/or if there are outstanding rental fees owed by the “lessee” on the “leased property”. In this case the cost of repairs arising from negligence and/or outstanding rental fees may be subtracted from the security deposit and the balance returned to the “lessee”.


The contract is made in duplicate with identical contents. This English Language version of the contract takes precedence over all others. The parties have read and understood the entire substance of the contract. The parties acknowledge that the contract represents their intention in every way, so they hereunder sign and retain one signed copy each.

The present lease contract contains one (3) pages,

The “lessor” The “lessee”

Date: Date:

Mr/Mrs/Ms .......................................... Mr/Mrs/Ms ...............................................