In Thailand, whether an agreement is called a rental, tenancy, lease, or leasehold, it is generally governed by the Thai Civil and Commercial Code under the chapter “Rent of Property”. In practical terms, a “rent of property” contract exists where the owner (the lessor) grants another person (the lessee/tenant) the right to use a property for a limited period, and the lessee agrees to pay rent. This is the core legal definition used for property lease agreements in Thailand.

Where to Find the Laws Governing Property Lease by Foreigners

Lease or tenancy by foreigners in Thailand is primarily governed by the Civil and Commercial Code, under the chapter Rent of Property. These rules apply equally to Thai and foreign lessees.

Only in limited commercial cases may the Lease of Immovable Property for Commerce and Industry by Foreigners Act B.E. 2542 apply, and only where strict statutory conditions—such as substantial qualifying foreign investment—are met. There is no specific law governing residential leases by foreigners.

Long-term residential leases must also comply with Land Office regulations, which prohibit lease terms that conflict with land ownership restrictions or attempt to create prepaid or guaranteed 30-year renewals.

Does the Lease Need to Be Registered?

Any lease exceeding three (3) years must be made in writing and registered at the Land Office to be enforceable beyond the initial three-year period.

Upon registration, the lease is recorded on the back of the land title deed and in the Land Office’s official records. The parties must also sign an official one-page Thai lease form bearing the Garuda emblem, which references the private lease agreement.

All procedures at the Land Office are conducted in Thai, including transliteration of foreign names.

Where spouses or heirs are intended to benefit from continuity, it is common to register multiple lessees, provided the structure complies with Thai law.

What Should Be Checked Before Leasing Property?

Before entering into a long-term lease, the legal structure must be verified. This includes confirming that the lessor has the legal authority to lease, that the land title is valid and unencumbered, and that practical matters such as road access, zoning, and building permissions are in order.

The questionnaire attached to the lease serves as a structured disclosure and due diligence tool, covering title type, marital property issues, encumbrances, access rights, and regulatory compliance.

Does a Lease Need a Rental Price?

Yes. Without a rental price, an arrangement may be treated as a right of habitation rather than a lease. For tax and registration purposes, the rent must be reasonable.

If the stated rent is unrealistically low, authorities may adjust the assessed rental value based on official valuation methods.

Can I Lease Property from My Thai Spouse?

Agreements between spouses—including leases—may be voidable by either party under Thai law. As such, leasing land from a spouse does not reliably protect a foreign spouse’s investment.

In divorce situations, funds used to acquire property registered in the Thai spouse’s name may be subject to claw-back claims under the rules on undue enrichment, depending on proof.

Is Leasing from a Developer Safer?

Licensed housing developments are generally safer in terms of land legality. However, consumer protection laws that apply to sales do not apply to leasehold structures.

All lease documents and supplemental agreements must therefore be reviewed carefully, whether the lessor is a developer or a private individual.

Can Two Consecutive 30-Year Leases Be Used?

Executing two consecutive 30-year leases is not effective. Thai courts treat such arrangements as a single lease, reducing the term to the statutory maximum of 30 years.

Formal Requirements for Long-Term Leases

Leases must comply with general contract law and the specific lease provisions of the Civil and Commercial Code.

Any lease exceeding three years must be registered, and long-term leases must comply with Land Office regulations, including restrictions on renewal clauses and ownership-like rights.

Taxes and Registration Fees

Rental income is subject to Thai income tax. For registrable leases, the Land Office charges a registration fee and stamp duty calculated on the total lease value.

Ownership of Buildings and Superficies

A lease alone does not confer ownership of buildings. To separate land and building ownership, a lease may be combined with a right of superficies.

If properly registered, superficies allows the lessee to own structures independently of the land during—and potentially beyond—the lease term.

Can I Enter a 90-Year Lease?

No. The maximum lease term is 30 years. Any longer term is reduced by law, and prepaid or guaranteed renewals are not enforceable.

Renewal, if any, requires a new agreement and registration.

Does Transfer of Land Ownership Affect the Lease?

Transfer of ownership does not terminate a registered lease. However, only rights that are legally considered lease rights bind the new owner.

Renewal promises and succession clauses may only be enforceable against the original lessor.

Does a Lease End on Death of the Lessee?

A lease is a contractual right, not a real property right. As a rule, it ends upon the lessee’s death unless succession is expressly provided for.

Subleasing and Assignment

Subleasing or transfer is only permitted if expressly allowed in the lease agreement. Absent such permission, it is prohibited by law.