THAILAND Law and Practice Contributed by: Olaf Duensing, Jerrold Kippen and Weeraya Kippen, Duensing Kippen, Ltd.
6.17 Right to Occupy After Termination or Expiry of a Lease The tenant has no right to occupy the property once the lease has terminated/expired. However, if after expiration of the agreed period the tenant remains in possession of the property with the knowledge of the landlord and the landlord does not object, then it is considered a renewal of the contract for an indefinite period. Any eviction of the tenant requires a court order. Only a court-appointed execution officer is enti - tled to take possession of the premises. 6.18 Right to Assign a Leasehold Interest An assignment or sub-lease is only possible with the approval of the landlord. An exception to this rule is a legally defined “commercial lease” (as described in 6.2 Types of Commercial Leases ). 6.19 Right to Terminate a Lease According to the CCC, termination of the lease by the landlord requires: • non-payment of rent (with a notice require - ment of not less than 15 days, if the rent is payable in monthly or longer intervals); or • that after having been given notice to comply, the tenant is using the property for purposes other than those ordinary and usual or agreed in the contract; or • 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.
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