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  1. #1
    Thailand Expat misskit's Avatar
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    Evicting a Tenant in Thailand in 2022

    It is a goal for many people to become a landlord and own rental property in Thailand. They purchase property for the purpose of renting it out for passive income. The property owner interviews perspective tenants, ensures that they sign a lease agreement, and that they put down a deposit.


    However, all of this does not prevent bad tenants from revealing themselves after they have moved into the property.


    The tenant may stop paying the rent. The tenant may not maintain the property. Or the tenant may violate the terms of the lease such as allowing multiple families to move in or allowing pets to live in the home. So what is a landlord supposed to do?

    The first thing the landlord needs to do is to review the lease agreement. The lease agreement generally contains the terms that the tenant agreed to abide by. A properly prepared lease should contain the grounds for the termination of the lease and the notice requirements for the eviction if the tenant does not respond to the notice.

    It is also important to review the length of the lease agreement. If the end of the lease term is near, it might be easier to just send notice to the tenant that the lease going to be renewed and the tenant will be required to leave the premises at the end of the lease.


    There are many foreign nationals who lease property on a 30 year lease. One of the important elements of a 30 year lease is that the lease must be filed with the local land office. Under Section 528 of the Thai Civil and Commercial Code, if the lease agreement is not in writing, signed, and registered with a “competent official”, then the lease agreement is not valid for more than three years or the life of the parties.

    After the end of the lease period, the lease agreement is generally extended on an indefinite period. This allows any of the parties to provide notice of the termination of the lease with a minimum of one rent term notice or a maximum of two months’ notice. If the tenant refuses to leave the property, the landlord can file a lawsuit against the tenant.


    If the landlord is able to establish in court that the tenant violated the terms of the lease agreement and that they abides by the legal requirements for eviction, the court will rule in favor of the landlord barring extenuating circumstances. If the tenant refuses to abide by the order of the court, the landlord can request an enforcement of the judgement.

    The landlord then can request the police to remove the tenant from the premises. They can also terminate electrical and water service to the property. It is important to note that the landlord cannot enter the property, remove the tenant’s belongings, and change the locks on the door unless it is allowed within the lease agreement or with a court order.


    During the entire legal process, the landlord can file a claim for the rental costs and opportunity cost as a result of the tenant refusing to leave the premises.


    Leasing property is popular way to obtain passive income or to pay for mortgage property. However as with any type of income generating business, there are risks. For landlords, there is the possibility of renting to tenants who do not maintain the property, violate the rules of the lease agreement, or stop paying the rent.


    The legal process for evicting tenants can take multiple months. It is important to scrutinize potential tenants and check their rental history and current financial status prior to entering into a long term lease agreement.


    Mr. Robert R. Virasin is a licensed U.S. Attorney and managing director of Virasin & Partners. Mr. Yutthachai Sangsirisap is a licensed Thai Attorney at Virasin & Partners in Bangkok, Thailand. They can be reached at info@virasin.com or at Virasin Partners - US Immigration Law Firm in Thailand.

    Evicting A Tenant In Thailand In 2022

  2. #2
    Thailand Expat
    Bonecollector's Avatar
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    Thanks for the post.

  3. #3
    Thailand Expat
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    Quote Originally Posted by Bonecollector View Post
    Thanks for the post.

    You have a few rental properties, do you?

  4. #4
    On a walkabout Loy Toy's Avatar
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    Great information Missy.

    I will refer to your post when I prepare my next lease agreement.

  5. #5
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by misskit View Post
    So what is a landlord supposed to do?
    Somchai with a baseball bat at midnight.

  6. #6
    Custom Title Changer
    Topper's Avatar
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    I'd just turn off the water and electric.

  7. #7
    Excommunicated baldrick's Avatar
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    Quote Originally Posted by misskit View Post
    If the end of the lease term is near, it might be easier to just send notice to the tenant that the lease going to be renewed and the tenant will be required to leave the premises at the end of the lease
    Did the lawyer proofread ?

  8. #8
    Thailand Expat
    malmomike77's Avatar
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    First this

    Quote Originally Posted by Topper View Post
    I'd just turn off the water and electric.
    and then just break in and throw everything out and change the locks and if they still create trouble your last resort is usually a late night visit by the boys in black.

    Quote Originally Posted by Norton View Post
    Somchai with a baseball bat at midnight.
    Mrs only had to resort to the latter 2 times in 8 years.

  9. #9
    CCBW Stumpy's Avatar
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    While I have thought about a few rental properties for passive income, however for the same reason it is why I sold my place in states. I just didn't want to have the noise and chasing it because the majority of tenants are not on the up and up.

    Recently an opportunity presented itself in our mooban where a neighbor was in a forced position to have to sell their house. My wife and I spoke and discussed buying it and let the current owners stay as renters. The idea was that they could buy it back from us in a few years. They have been in the area for years and do not want to leave but like many they refinanced and refinanced so their mortgage is high. While the purchase price is lower than their mortgage, I just didn't want to tie up cash and hope it worked out. Projection would be maybe 300k baht in 2 years....maybe

    After a few dinner discussions I bailed out. While property values in this area are increasing at a nice clip, the issue was that the ROI was not very much for the cash outlay to acquire the property plus managing tenants.

  10. #10
    Thailand Expat
    malmomike77's Avatar
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    ^ wise, you'll probably have been begrudged down the road anyway ... if they bought it back which given their track record with leveraging the place may be unlikely.

    Mrs had a similar situation on an 8 rai block of land which was owned by someone she knew and the deal was she only wanted 4 rai and agreed to buy it all and then let half back as the woman paid it back over 4 years with minimal interest as they "were" friends. Papers were drawn up and on it went.

    The woman had issues repaying and the payments were intermittent and always accompanied by excuses. After nearly 4 years she'd barely paid back half and Mrs had enough so she repossessed it with police help and had her land to the value of what it was worth, it had gone up quite a but and so she kept 3 rai.

    Whilst she didn't lose it created so much arse ache and finished a long friendship she will never do that again. She ended up selling all of it as she didn't want to be near the woman any longer.

  11. #11
    Thailand Expat
    YourDaddy's Avatar
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    Quote Originally Posted by misskit View Post
    It is a goal for many people to become a landlord and own rental property in Thailand. They purchase property for the purpose of renting it out for passive income.
    Hilarious.

    Thanks for the lolz

  12. #12
    Days Work Done! Norton's Avatar
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    Quote Originally Posted by Stumpy View Post
    After a few dinner discussions I bailed out.
    Wise move. Been there done that. Lesson learned.

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