Entry into several 3-year short-term leases without registration with the Landesamt is generally not enforceable, as this is considered to be the prevention of Article 538 of the Civil Code and the Code of Commerce (leases of more than 3 years must be registered in the land registry). If you are sure to stay in your new apartment for a period of time, you should sign a two-year rental agreement, provided it is available. Although you lose the flexibility to leave without a lease after 12 months if it doesn`t work, the two-year bond has its advantages. In order to avoid legal disputes, owners must determine the likelihood of early termination of the lease and, on this basis, clearly define the parameters of the early termination conditions and penalties set out in the TA. The tenant has the option of letting the tenant committee decide if the agreed base rental price is not too high. The tenant has up to 6 months after the end of the lease. The legislation is not entirely clear on this point, but it is assumed that it is “six months after the expiry of the agreed tenancy period”. If the property is worth 143 points or more, it is liberalized and belongs to the free sector. The tenants` committee then leaves the rent unchanged. If the property is worth 142 points or less, then the rental committee will determine the rent at the maximum legal level related to the number of points in the house.
The tenants` committee will do so retroactively until the lease begins. As the lawyer who wrote the article explained: “Unless the landlord has previously included an early termination clause in the original lease, the tenant still has the right to reside in the property until the end of the lease.” The maximum rental period in Thailand is 30 years. This term may be extended, but it will be a new lease and there is no guarantee that the lease will be renewed. The 90-year lease (3 x 30 years) involves prepaid renewal options and the right to transfer the property into a property right. At present, such leases are considered null and void and registration is refused by the State Offices under the most recent Landesamtsordnung regulation. Some now use a separate lease addendum with similar clauses. Brief Declaration Model A Tenancy Agreement With this type of rental agreement, the tenant has complete rental protection.