Good News for Tenants: Official Announcement Prohibits Collecting Rent in Advance for More Than One Month, Security Deposit Returned Immediately After Contract Ends!
Today (February 18, 2018), the Royal Gazette website announced that the Committee on Contracts has declared that the business of renting residential buildings is a regulated contract business under the authority of Section 35 bis of the Consumer Protection Act B.E. 2522, as amended by the Consumer Protection Act (No. 2) B.E. 2541, in conjunction with Sections 3, 4, and 5 of the Royal Decree on the Criteria and Procedures for Defining Regulated Contract Businesses and Contract Characteristics B.E. 2542. The Committee on Contracts has issued the following announcement:
Section 1: The business of renting residential buildings is classified as a regulated contract business.
Section 2: In this announcement, "business of renting residential buildings" refers to the business where the operator agrees to allow tenants, who are individuals, to use buildings for residential purposes, and the tenants agree to pay rent for that purpose, with rental units starting from five units or more, whether in the same building or in multiple buildings combined.
"Building" refers to rooms, houses, condominiums, apartments, or other residential places designated for rental as residences, but does not include dormitories under the dormitory law and hotels under the hotel law.
"Business operator" refers to the individual or entity engaged in the business of renting residential buildings and collecting rent from tenants.
"Tenant" includes individuals who sublet as well.
"Security deposit" refers to the money that the tenant pays to the business operator as a rental security deposit for residential buildings, damage security, or any other money collected by the business operator from the tenant in a similar manner.
Section 3: The rental contract made by the business operator with the tenant must include clearly visible and readable Thai text, with a font size no smaller than two millimeters, and a maximum of eleven characters per inch. It must contain essential terms and conditions as follows:
(1) Details about the business operator, tenant, and the property being rented:
a. Name and address of the business operator and the authorized signatory
b. Name and address of the tenant
c. Name and location of the building
d. Details about the condition of the building, including the property and various equipment of the building.
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