Since landlords in Thailand are not keen on the Thai legal system, you should be careful before signing a rental contract.
A good rental contract shouldn’t only specify what you must do and must not do. It should also state what the landlord must do and must not do as well.
A rental contract might state that it allows the landlord to enter your room at any time without notice. Although this is rare, it still happens.
So, let’s take a look at what you must check before signing a rental contract.
Filing TM30
All landlords in Thailand must file a TM30 form at the immigration office within 24 hours of a foreigner moving in to their property.
This means that if you rent an apartment and your move-in date is January 20th, your landlord must report your stay by filing the TM30 form at the immigration office by January 21st.
If they don’t do that, they could be fined up to 2,000 baht. But the penalty for you could be more serious than that.
Immigration officers might check your TM30 filing history when you do a 90-day notification, or when you extend or renew your visa. If they find that the landlord didn’t file a TM30 form for you, they might not extend or renew your visa at all. And you might need to pay a 2,000 baht fine as well.
Many landlords in Thailand aren’t aware of this law, especially for those who do not rent out their properties to foreigners regularly.
A good rental contract should clearly state that the landlord must file a TM30 form for you within 24 hours after your move-in date.
If not, you should ask them to add this requirement to the contract. Otherwise, it’s better to look elsewhere.
If you have already signed a rental contract that doesn’t say anything about the TM30 form, talk to your landlord about it. If they have already filed the TM30 form for you, then it should still be okay.
If not, you should ask them to do it immediately. Normally, immigration officers aren’t strict about the 24 hour time requirement. As long as you file the form, it shouldn’t be a problem.
If the landlord won’t do it, you have three options:
- Ask the landlord to give you a username and password for the online filing, then file the TM30 form yourself online.
- Ask a real estate agent to do it. Some agents might be able to file it for you. Some may negotiate with the landlord on your behalf.
- Do it yourself by going to the immigration office with the following documents:
- TM30 form – you can get it at the immigration office or download it from the immigration website
- A signed copy of your landlord’s ID card
- A signed copy of your landlord’s house registration
- A signed copy of your passport with your
- personal information page
- latest Thailand visa page/stamp
- latest stamp on entering Thailand
- Your TM6 (departure card)
- A rental contract, either in Thai of English
Review Common Clauses
Make sure you review and ask questions about the following:
- Is the rental price on the lease the same price you agreed to?
- Is the length of the lease the same as you agreed to?
- Is the landlord requesting a one-month deposit per the new laws introduced in 2018
- Does the lease say that the landlord will return your deposit in full seven days from when you move out, so long as nothing is damaged?
- What is the date that each month’s rent it due?
- Is the landlord responsible for management fees, or are you?
- Who’s responsible for maintenance costs if you break something?
- Who’s responsible for the maintenance costs for regular up-keep of the air conditioning unit?
- What are the restrictions in the contract?
Check the Thai Contract
If a contract comes in both Thai and English, then you should ask a Thai friend to review it. It’s the Thai contract that matters.
The English contract might only be a translation of the Thai contract that cannot be used in court, for example. In many cases, they just Google translate the Thai contract into English without checking the accuracy of the translation.
Or the landlord might just use an English-language contract that they find online.
Rental contracts are prepared in two copies. You and the landlord sign every page of each copy. The landlord keeps a copy and you keep a copy.
What Happens When the Contract is Breached?
Your rental contract can be breached many times without you realizing it.
Don’t be surprised if landlords let you do things that the rental contract says you can’t. And especially don’t be surprised if landlords do things that the rental contract says he or she can’t.
But if you want to do anything in your place, such as paint or hang shelves, make sure you get approval from the landlord.
Normally, a contract breach isn’t a serious problem.
If the landlord breaches the contract, you can ask for your deposit back. On the other hand, a landlord can also hold your deposit without returning it if you breach the contract.
Suing over these matters rarely happens. It’s usually not worth the time it takes, or the fees for the lawyers and courts.
In addition, in Thailand, people prefer solving disputes through negotiation rather than bringing it to court.
Last Advice
It’s normal for contracts in Thailand to be less strict than in your home country. As long as they state all necessary information and don’t have any weird clauses, they should be fine.
It’s also important to keep a good relationship with the landlord. If you are on good terms with him or her and maintain their property well, you shouldn’t run into any problems.
Deutsch:
Français:
Español: