How to lease in Thailand: Guide to property leasing

Leasing land or property is a common practice in the real estate industry, where a property owner (the lessor) grants the right to use and occupy their land or property to another party (the lessee) for a specified period in exchange for regular payments, known as rent. This arrangement allows individuals, businesses, or organizations to use the land or property without the long-term commitment and financial investment of purchasing it outright.

Leasing land and property in Thailand

If you are considering a land or property lease in Thailand, it’s essential to be aware of the lease or rental agreements under Thai law. Property rental and lease laws in Thailand state that any immovable property lease in Thailand exceeding three years is not enforceable unless there is written evidence signed by the parties and registered with the Land Department. However, a short-term contract need not be registered but must be made in writing for the contract to be enforceable.

When dealing with a real estate lease in Thailand, it’s crucial to be well-informed about the relevant laws and regulations. You need to have a solid understanding of these laws and the necessary steps involved in the process. It’s essential to remember that laws and regulations are subject to change, so it’s always advisable to consult legal experts or relevant authorities for the most up-to-date information. These are the steps for a successful property lease in Thailand:

• Step 1: Understand the land ownership restrictions
• Step 2: Understand how leasehold agreements work
• Step 3: Get assistance from a professional
• Step 4: Conduct real estate due diligence
• Step 5: Negotiate the terms
• Step 6: Lease registration
• Step 7: Use the property
• Step 8: Pay taxes and fees
• Step 9: Exit strategy
• Step 10: Residency status

Each step of a successful property lease in Thailand is explained in detail below.

Step 1: Understand the land ownership restrictions

In Thailand, there are restrictions on foreign ownership of land. Generally, non-Thai individuals or entities cannot own land outright, according to Thai real estate laws for foreigners. However, there are exceptions, such as the Board of Investment (BOI) promoted companies, which may have certain land ownership privileges. 

Step 2: Understand how leasehold agreements work

In Thailand, foreigners who want to lease in Thailand, whether it’s land or property, need to sign a leasehold agreement. This agreement is a legal contract allowing an individual to use the land or property for a specific period. The lease terms can vary from 30 to 90 years and can be extended if required.

Lease agreements in Thailand usually include standard clauses based on contract laws and property hire provisions. However, both parties can add specific clauses based on their terms as long as they don’t contradict Thai regulations. The lease contract is usually drafted in Thai; however, they provide English versions if needed.

Including family members such as young adults as co-lessees in the contract is recommended. In the uneventful demise of the parents, the children can carry on the whole term of the lease period. This is, for example, a document of lease agreement. 

Step 3: Get assistance from a professional

It’s advisable to seek assistance from a professional, such as a legal agent or real estate agency. This ensures compliance with the Thai law on property lease in Thailand and is especially important for longer-term leases.

Own Property Abroad can assist you through a seamless property transaction in Thailand. With our profound knowledge and firsthand experience in Thailand’s real estate market, we provide support with legal matters, property finding, negotiation, and real estate due diligence. To find out how we can assist you, kindly drop your details below or reach out to us at [email protected].

Step 4: Conduct real estate due diligence

Conduct thorough due diligence on the property and the lessor (land owner). Verify the land titles and confirm that the lessor has the legal right to lease the property. Conducting real estate due diligence before you lease in Thailand will prevent future problems and decrease the chance of becoming a victim of one of Thailand’s common real estate scams.

Step 5: Negotiate the terms

Negotiate the terms for your lease in Thailand with the landowner. This includes the lease duration, rent payments, and other specific conditions, such as maintenance responsibilities. Be aware of the following when it comes to lease terms in Thailand:

1. Financial penalties: Landlords in Thailand usually require tenants to pay a penalty for breaking the lease in Thailand early. This penalty can vary depending on the terms of your lease agreement. It may involve forfeiting your security deposit or paying a set amount to compensate the landlord.
2. Forfeiture of security deposit: Most lease agreements in Thailand require tenants to pay a security deposit, typically equal to one or two months’ rent. If you break the real estate lease in Thailand, the landlord may use the security deposit to cover any unpaid rent, damages, or other costs incurred due to your early departure.
3. Unpaid rent: You may be responsible for paying any outstanding rent for the remainder of the lease term. This means you could potentially owe rent for several months, even if you no longer reside in the property.
4. Legal action: If you refuse to pay the financial penalties, unpaid rent, or any other costs associated with breaking the lease, the landlord may take legal action against you. This could result in a court judgment against you, potentially affecting your credit in Thailand.
5. Difficulty renting in the future: Breaking a lease in Thailand and leaving unpaid debts with a landlord can make it challenging to secure a new rental property in the future. Landlords may be hesitant to rent to someone with a history of breaking leases and not fulfilling their rental obligations.

Step 6: Lease registration

Registering your lease agreement with the local Land Office where the property is located is essential. The registration process includes paying a fee based on the lease term and the rental value over that period. If your lease is for more than three years, you can register it at the Land Office, which will further protect your interest in the property. Registering the lease creates an encumbrance, which is a legal claim to the property that helps ensure your rights as a tenant.

After you register, your name and lease details will be added to the title deed. The lease contract is then attached to the title deed and kept at the Land Department. You can build a house on the land if the lease agreement allows. To do so, you must apply for a construction permit in your name. Once the house is built, you will own it in your name.

Leases remain valid even after the lessor’s demise or if the land is sold. However, the lease can only be transferred if the guarantor allows it. The tenant can’t sublet or transfer their rights without permission, or the lease may be terminated. You only need to pay a 1.1% registration fee to register a lease, making it a cost-effective option. The specific rates may vary, but here is a general guideline:

1. Is the lease term less than three years? The registration fee is 1% of the total lease amount for the entire lease term.
2. Is the lease term three years or longer? The registration fee is 0.1% of the total lease amount for each year of the lease term, with a maximum of 30 years. For example, if you have a 5-year lease, the registration fee would be 0.1% x 5 years = 0.5% of the total lease amount.

Step 7: Use the property

Once the real estate lease agreement is registered, you will be granted the legal right to take possession of the property and use it according to the lease terms. This means you can occupy the property, use its amenities, and carry out any activities allowed under the lease contract.

Step 8: Pay taxes and fees

Be aware of the taxes and fees associated with leasing property in Thailand. This may include property taxes and stamp duty, typically the lessee’s responsibility. The cost of leasing land in Thailand can vary widely depending on various factors such as location, size, and the terms of the lease in Thailand. For example, property taxes on leased land are 12.5% of the rental amount. Other fees include a registration fee of 1% of the lease amount and 0.1% stamp duty.

Step 9: Exit strategy

Plan for the end of the lease term. If you don’t renew, be prepared for the return of the property to the lessor. Many leases allow for extensions and renewals. Ensure the lease agreement clearly outlines the conditions for extensions and any associated fees.

Step 10: Residency status

If you plan to live in Thailand for an extended period, consider the type of visa you need and your legal status in the country. Thailand has several types of visas available to foreigners who want to reside for the long term, such as the Investment Visa. Research the different visa types to determine the best visa for your situation.

Lease property in Thailand with Own Property Abroad

Do you want to lease property in Thailand? Knowing Thailand’s regulations and property laws can be confusing, especially for foreigners. Own Property Abroad can assist you and ensure a seamless and hassle-free property journey. Thanks to our knowledge and experience in the local market, we can help with legal requirements, finding suitable properties, negotiating the best deals, and conducting due diligence.

With our expert team, you won’t have to navigate the complexities of the Thai market alone. For further information on how we can assist you, kindly drop your details below or email us at [email protected]. Let’s start working on your property success story today!

Conclusion

Leasing and rental agreements for real estate properties in Thailand are governed by the law. Any rental agreement exceeding three years must be registered with the Land Department. Short-term contracts need to be made in writing to be enforceable. It is crucial to have a solid understanding of the relevant laws and regulations when dealing with leasing processes. It’s always advisable to consult legal experts or relevant authorities for the most up-to-date information.

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