THAILAND Law and Practice Contributed by: Olaf Duensing, Jerrold Kippen and Weeraya Kippen, Duensing Kippen, Ltd.
• that after having been given notice to comply, the tenant fails to take care of the property as a person of ordinary prudence would. A tenant may terminate a lease in accordance with the CCC if: • the property is delivered in a condition not suitable for the purpose for which it is let; or • the landlord breaches any of the specific contract conditions outlined in the CCC and does not reimburse the tenant for any neces - sary and reasonable expenses incurred for the preservation of the property hired (except ordinary maintenance and petty repairs). 6.20 Registration Requirements Any lease term of more than three years must be registered with the land department that has jurisdiction over the relevant immovable property in order to be enforceable for a term exceeding three years. The lease will be registered on the land title. The parties to the lease must provide the documents for the relevant transaction in accordance with the Licensing Facilitation Act, which requires that the land department specifies what document must be provided in advance for each transac - tion. A Thai translation of the lease agreement must further be provided for registration pur - poses. To complete the relevant registration, the par - ties must pay a registration fee and stamp duty equal to 1.1% of the total rental amount of the registered lease term. 6.21 Forced Eviction A tenant is legally required to leave the prem - ises when the underlying right to possess such
premises is extinguished, be it by termination or expiration. However, the eviction of a tenant requires an eviction order from the court against such ten - ant. After having obtained such order, the land - lord will request the appointment of an execution officer who will then have the power to take pos - session of the premises. The length of the proceedings varies from case to case. 6.22 Termination by a Third Party A lease can be terminated by a government entity. Under the Expropriation and Acquisition of Immovable Property Act (2019), subject to certain requirements, government entities can expropriate immovable property for the purposes of public utilities, military, natural resources or for any other benefits of the public including town planning, environmental preservation, agricul - tural development, land reform, historical sites preservation, special economic zones develop - ment and industrial purposes. The Act provides the government entities with the absolute and unilateral right to exercise this power and the expropriated property owners must comply with any expropriation order. Any existing lease agreement over the expropriated property will be terminated due to the expropriation. However, both the landlord and the tenant will be entitled to receive compensation from the government entities as provided by the Act. The length of the proceedings varies from case to case.
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