You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

February 23, 2018

Thailand: Residential Property Leasing Businesses to Be Subject to Contract Controls

The Contract Committee of the Consumer Protection Board has issued a new notification under the Consumer Protection Act designating the lease of residential property as a “contract-controlled business.”

The Notification of the Contract Committee Re: The Stipulation of Residential Property Leasing as a Contract-Controlled Business B.E. 2561 (2018) (the “Notification”), published on February 16, 2018, imposes a number of important requirements and restrictions on residential lease contracts that will come into effect on May 1, 2018.

Some of the most significant new requirements under the Notification are detailed below.

  • Residential lease agreements must include a version in Thai and contain certain details required under the Notification.
  • Details of the physical condition of the property and its contents, inspected and acknowledged by the lessee, must be attached to the lease agreement.
  • The security deposit must be immediately returned to the lessee at the end of the agreement, unless the business operator has to investigate any damage to ascertain whether or not it is the responsibility of the lessee. If the lessee is found not to have caused such damage, the security deposit must be returned within seven days from the end of the agreement and the business operator retaking possession of the property. The business operator is also responsible for any expenses incurred in returning the security deposit to the lessee. 
  • The lessee has the right to terminate the lease agreement early provided that at least 30 days’ advance written notice is given to the business operator.
  • Any material breach for which the business operator can terminate the agreement must be clearly written in red, bold, or italic font. The business operator can only terminate the agreement if written notice has been given to the lessee to rectify the breach within 30 days of receipt and the lessee fails to do so. 

Clauses with the following effects will be unlawful under the Notification:

  • Waiving or limiting the business operator’s liability for breach of agreement or wrongful acts;
  • Requiring advance rental fees equivalent to more than one-month’s rent;
  • Entitling the business operator to change the rental fees, public utilities fees, service fees, or any other expenses before the end of the agreement;
  • Requiring a security deposit equivalent to more than one-month’s rental fee;
  • Allowing confiscation of the security deposit or advance rental fee;
  • Any stipulation of electricity and water supply fees exceeding the rates specified by the relevant authorities; and
  • Any term allowing the business operator to terminate the agreement early other than for a material breach of the lease agreement by the lessee.

The Notification applies to business operators that lease (or sublease) five units of property or more to individual lessees, for residential purposes, regardless of whether or not the units are in the same building. Property includes any accommodation, house, condominium unit, apartment, or other property leased for residential purposes, excluding dormitories and hotels which are regulated under a separate regime.

Any business operator who fails to meet the above requirements may be subject to imprisonment not exceeding one year and/or a fine not exceeding THB 100,000 (section 57 of the Consumer Protection Act).

These represent only the most significant changes which will affect residential lease contracts in Thailand—a more detailed breakdown is available here.

RELATED INSIGHTS​ 

July 23, 2025
On June 26, 2025, the National Assembly of Vietnam adopted Resolution No. 216/2025/QH15 to extend the duration of agricultural land use tax exemption through December 31, 2030. This policy extension reaffirms the government’s ongoing efforts to support the agricultural sector, ensure national food security, and promote rural development. Key Takeaways Tax Exemption Period Extended: The new resolution continues the full exemption from agricultural land use tax as stipulated under Resolution No. 55/2010/QH12, as amended in 2016 and 2020. The tax exemption, which was originally set to expire at the end of 2025, will now remain in effect until December 31, 2030. Scope of Exemption: The exemption applies to all types of land currently eligible under the existing legal framework for agricultural land use tax relief. This typically includes land used by households, cooperatives, and non-commercial organizations for agricultural production, aquaculture, salt-making, and reforestation. Effective Date: Resolution 216 will take effect on January 1, 2026. During the interim period, tax exemption remains valid under existing laws and resolutions until the end of 2025. Implementation Guidance to Follow: The government is tasked with issuing detailed guidance to ensure effective implementation of this extended exemption. Businesses, cooperatives, and individuals engaged in agricultural activities should monitor upcoming regulations and instructions from relevant ministries. Outlook Vietnam’s extension of agricultural land use tax exemption demonstrates a strong policy commitment to rural economic stability and environmental sustainability. For land users, the exemption represents meaningful financial relief that can be reinvested into modernizing farming techniques, improving land efficiency, or transitioning to sustainable practices. While the extension itself is automatic, it is recommended that agricultural land users and stakeholders review their land use documentation and tax profiles to ensure alignment with eligibility requirements. Future implementation regulations may also introduce new compliance obligations that should be tracked closely.
July 14, 2025
Tilleke & Gibbins in Bangkok has contributed an updated Thailand entry to Multilaw’s Real Estate Guide, a concise online resource designed to give investors insight into some fundamental issues they may face in managing real estate transactions and ownership. The guide now features contributions from Multilaw member firms in 68 jurisdictions worldwide. It outlines key legal requirements in each jurisdiction, focusing especially on the restrictions and taxes applicable in each country, and the legal methods available for registering and identifying real estate and property ownership. Tilleke & Gibbins is a proud member of Multilaw, a leading network of carefully selected, independent law firms in more than 150 commercial centers, able to provide expert legal advice in complex environments around the globe. The Thailand entry in the Real Estate Guide is available on the Multilaw website.
July 14, 2025
Attorneys at Tilleke & Gibbins in Yangon have contributed an updated Myanmar entry to Multilaw’s Real Estate Guide, a concise online resource designed to give investors insight into some fundamental issues they may face in managing real estate transactions and ownership. The guide now features contributions from Multilaw member firms in 68 jurisdictions worldwide. It outlines key legal requirements in each jurisdiction, focusing especially on the restrictions and taxes applicable in each country, and the legal methods available for registering and identifying real estate and property ownership. Tilleke & Gibbins is a proud member of Multilaw, a leading network of carefully selected, independent law firms in more than 150 commercial centers, able to provide expert legal advice in complex environments around the globe. The Myanmar entry in the Real Estate Guide is available on the Multilaw website.
July 14, 2025
Specialists from Tilleke & Gibbins in Vientiane have contributed an updated Laos entry to Multilaw’s Real Estate Guide, a concise online resource designed to give investors insight into some fundamental issues they may face in managing real estate transactions and ownership. The guide now features contributions from Multilaw member firms in 68 jurisdictions worldwide. It outlines key legal requirements in each jurisdiction, focusing especially on the restrictions and taxes applicable in each country, and the legal methods available for registering and identifying real estate and property ownership. Tilleke & Gibbins is a proud member of Multilaw, a leading network of carefully selected, independent law firms in more than 150 commercial centers, able to provide expert legal advice in complex environments around the globe. The Laos entry in the Real Estate Guide is available on the Multilaw website.