Unpaid rent is one of the most common and challenging issues for landlords. Many believe that if a tenant fails to pay rent for several months, they can be immediately evicted. However, Thai law requires specific legal procedures. Failure to follow these procedures may expose the landlord to legal action.
Landlord’s Rights in Case of Unpaid Rent:
Under the Thai Civil and Commercial Code (Sections 560 and 568), a landlord has the right to terminate the lease if the tenant fails to pay rent. However, this must be done in writing, specifying the reason and providing a deadline for payment or vacating the property.
Legal Steps to Follow:
- Issue a written termination notice
- State the unpaid rent and amount
- Set a deadline for payment or eviction
- Wait for the specified deadline
- If the tenant fails to comply, proceed to the next step
- File a lawsuit for eviction
- Request a court judgment and enforcement order
- Enforcement officers will carry out the eviction
Actions Strictly Prohibited:
- Changing locks
- Cutting off water or electricity
- Removing tenant’s belongings without legal process
Such actions may constitute criminal offenses and weaken the landlord’s legal position.
Conclusion:
Even if a tenant has failed to pay rent for three months, a landlord cannot evict them immediately. Proper legal
procedures must be followed to ensure enforceability. Taking shortcuts may lead to legal complications.
Probity Law Firm is ready to assist with lease disputes and legal proceedings, ensuring landlords handle issues correctly and safely under the law.
