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Goodbye. Evicting a tenant in Thailand

Robert Virasin

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Goodbye. Evicting a tenant in Thailand | The Thaiger
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PHOTO: Transport Executive

It’s a goal for many people to become a landlord. They purchase property for the purpose of renting it out for passive income. The property owner interviews prospective tenants and ensures that they sign a lease agreement and put down a deposit. However, all of this doesn’t prevent bad tenants from revealing themselves after they have moved into the property – all the smiles can disappear once they get the keys.

There are several possibilities. The tenant may stop paying the rent, the tenant may not maintain the property or theymay violate the terms of the lease, such as allowing multiple families to move in or allowing pets to live in the home.

So what does the landlord do and what are your rights?

The first thing the landlord needs to do is to review the lease agreement. The lease agreement generally contains the terms by which the tenant agreed to abide. A properly prepared lease should contain the grounds for termination of the lease and the notice requirements for 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 a notice to the tenant that the lease is not going to be renewed and the tenant will be required to leave the premises at the end of the contract.

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 it 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 it 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 for an indefinite period. This allows any of the parties to provide notice of termination of the lease with a minimum of one rent term or maximum of two months notice. If the tenant refuses to leave the property, the landlord can file a lawsuit against him.

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

The landlord can then request that police remove the tenant from the premises. They can also terminate electrical and water services to the property. It is important to note that the landlord cannot enter the property, remove the tenant’s belongings or 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 costs as a result of the tenant refusing to leave the premises.

Leasing property is a popular way to obtain passive income or to pay for mortgaged property. However, as with any type of income-generating business, there are risks, especially in a foreign country. 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 is painstaking and can take many months. It is important to scrutinise potential tenants and check their rental history and current financial status prior to entering into a long-term lease agreement.

Additional reporting by Yutthachai Sangsirisap.

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3 Comments

3 Comments

  1. Avatar

    rinky stingpiece

    August 4, 2020 at 2:20 am

    This doesn’t look like a news article.

  2. Avatar

    Simon

    August 4, 2020 at 9:20 pm

    What the hell is this?

  3. Avatar

    Toby Andrews

    August 5, 2020 at 8:49 am

    It’s a picture of a bankrupt bar owner going to Issan back to farming.

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Interested in more property news or buying property in Thailand - check out FazWaz today!

Robert R. Virasin is a licensed U.S. Attorney and managing director of Virasin & Partners. Mr. Yutthachai Sangsirisap is a licensed Thai Attorney. Virasin & Partners is an international law firm and consulting company based in Bangkok with an affiliated office in Houston, Texas and representative agents in Chiangmai, Thailand and Ho Chi Minh, Vietnam.

Bangkok

Silom Road tops as the most expensive area to buy land in Bangkok

Caitlin Ashworth

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Silom Road tops as the most expensive area to buy land in Bangkok | The Thaiger
PHOTO: Unsplash: Paul Szewczyk

Silom Road, Bangkok’s nightlife district, is the most expensive area to buy land in Bangkok, followed by Phloen Chit Road, according to data the Treasury Department gathered from 2016-2019. The pandemic may have fluctuated the prices, but no data on land value for 2020 has been reported by the department. They also say only asking prices were recorded, so it’s unclear how much the price decreased by during negotiations.

On Silom Road, land prices per square wa are up to 1 million baht while land on Phloen Chit Road have been reported to cost up to 900,000 per square wa. A square wa is about 4 square metres. Land on Rajadamri Road ranges from 750,000 baht to 900,000 baht per square wa. The cheapest areas to buy land in Bangkok are farmlands in the Bangkhuntian district. Land prices range from 500 baht to 10,000 baht per square wa.

Properties on Silom Road are also the most expensive in Bangkok. The price for a 170 square wa 4 storey office on the road costs around 155 million baht, according to the data. The highest asking price was 7 billion baht for a 37 storey office building on Sathorn Road.

Here are the top 10 most expensive areas to buy land in Bangkok:

1. Silom Road at 700,000 baht to 1 million per square wa

2. Phloen Chit Road at 900,000 baht per square wa

3. Rajadamri Road at 750,000 baht to 900,000 baht per square wa

4. Rama I Road at 400,000 baht to 900,000 baht per square wa

5. Wireless Road at 500,000 baht to 750,000 baht per square wa

6. Sathorn Road at 450,000 baht to 750,000 baht per square wa

7. Yaowarat Road at 700,000 baht per square wa

8. Thaniya Road, Pattanapong Road, Pattanapong II Road at 600,000 per square wa

9. Narathiwas Rajanakarin Road at 280,000 baht to 600,000 baht per square wa

10. Ratchawong Road, Sampeng Road at 550,000 baht per square wa

SOURCE: Nation Thailand

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Property

Thailand’s property market and Covid-19

The Thaiger

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Thailand’s property market and Covid-19 | The Thaiger

The Coronavirus outbreak poses challenges for Thailand’s property market as potential Chinese condominium buyers remain stranded in China. Meanwhile, some believe that the outbreak may bring opportunities for non-Chinese buyers and in the long-run, the Chinese may be looking for an overseas refuge in the event of these types of emergencies popping up again

Of course, it’s not just the Chinese not being able to come and inspect potential buys, the rest of the world is also currently shut out of Thailand.

Market remains weak

The pandemic is hurting the condominium market as Chinese nationals were accounting for half of the international buyers in Thailand, or 57.6% of the total foreign condo owners in 2018.

Vichai Viratkapan, acting director-general of the Real Estate Information Centre says that 50% of Chinese condo transfers are expected to disappear in the first 2 quarters of this year and the total transfer value by the Chinese will miss the mark of the usual 29 billion baht by about 25% (around 7 billion).

However, since Chinese property buyers only make up 6% of the total international and domestic housing transfers in Thailand, the proportion of total housing transfers in the country is likely to be similar to last year.

Developers looking to sell current stock whilst shelving new projects

CBRE reports that most Thai developers are postponing the launch of new condo projects to focus on clearing existing stock.

“Discounting completed projects to generate quick revenue as a financial lifeboat is the best solution for many of the country’s larger developers whilst the market is in limbo.”

Rathawat Kuvijitrsuwan, head of CBRE Research and Consulting in Thailand believes that, now business is gradually recovering, a few developers have started to launch new condominium projects.

“In the first half of 2020, the Bangkok condominium landscape was gloomy with fewer than 10,000 condominium units launched, which was much lower than the total number of new launches in the past three years of more than 60,000 condominium units per year.”

The Chinese are reluctant to complete transfers

The virus has continued to affect hospitality operators, including hotels and condominiums that service tourists, nationwide. Since China has suspended tours, put restrictions on movement, and locked down cities, home to over millions of people, it also poses a threat to real estate developers as their clients are unable or unwilling to fly.

“Currently multiple off-plan condominium developments are approaching completion, and Chinese clients are unable or unwilling to transfer. Chinese clients who made a reservation in Q4 2019 are requesting a refund and withholding their investment,” said Marciano Bijmohun, Business Development Director at FazWaz Property Group.

He believes every condominium that is in transfer status will see the percentage of non-transfer units rise in the coming months.

“These non-transfer units will cause a big financial hit to developers.”

If a client refuses to transfer, does not comply with the terms and conditions stipulated in the sales and purchase agreement, and decides to release the property, their deposits will be forfeited.

“However, there is some good news, these non-transferred units can be offered with a discount to new clients.”

Also, as China has been susceptible to a few disease outbreaks – from bird flu to the current coronavirus – it may prompt Chinese buyers to look for second homes outside of China.

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Thailand

Thai condo developers clearing inventory rather than starting new projects

The Thaiger

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Thai condo developers clearing inventory rather than starting new projects | The Thaiger

“With waves of uncertainty and financial stress crashing into the market from the COVID-19 pandemic, most residential property developers have decided to postpone their plans.”

CBRE, the international property consultants, reports that most Thai developers are postponing the launch of new condo projects to focus on clearing existing stock. Discounting completed projects to generate quick revenue as a financial lifeboat is the best solution for many of the country’s larger developers whilst the market is in limbo.

Rathawat Kuvijitrsuwan, head of CBRE Research and Consulting in Thailand believes that, now business is gradually recovering, a few developers have started to launch new condominium projects.

“In the first half of 2020, the Bangkok condominium landscape was gloomy with fewer than 10,000 condominium units launched, which was much lower than the total number of new launches in the past three years of more than 60,000 condominium units per year.”

Since June, CBRE Research says new condominium projects, along new extensions and future routes of mass transit lines, with starting prices under 2 million baht, and those along existing mass transit lines are usually priced lower than 3 million baht.

“On the other hand, there has been no newly launched condominium in the high-end and above segments this year due to the high level of unsold supply and high land cost in prime locations. Investors have become more cautious in spending a large amount of cash during these uncertain times.”

“Some of the newly launched condominiums have had a good sales rate during their first launch. Most of these projects have been launched with a product and pricing that are mainly targeting large demand from buyers with lower-purchasing power and are located in an attractive location with limited available condominium supply in the area.”

But despite the slowdown of general activity and the current sales and promotions to dispose of excess stock, over 60,000 condos are expected to be completed this year and around 80,000 units each year over the next 2 years.

“With over 140,000 condo waiting to be transferred over the next 2 years, there is a possibility that a large number of booked units could return to such a volatile market as some cash-strapped buyers could decide not to transfer their units.”

“The future of the condominium market depends on the direction that residential developers will take collectively. With the 10 year record low number of newly launched condominium projects, this is the moment for the market to correct its long-standing oversupply and overpricing issues.”

CBRE Research believes that there are still opportunities for developers, including the 4 under-construction mass transit lines that are expected to be completed in 2022, the new Bangkok City Planning that will unlock many new locations for condo development and foreign demand that will come back… eventually.

To find the best range of condos, houses and villas, around Thailand, click HERE.

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