Even if the landlord is the owner of the building or apartment, entering a tenant’s room without the tenant’s permission may constitute trespass or a violation of the tenant’s privacy rights under Thai law.
Explanation:
Once a rental agreement is established (whether written or verbal), the tenant is granted legal possession of the rented space,imilar to ownership rights. Therefore:
The rented room is considered the tenant’s private domain.
The landlord cannot enter at will, even if they hold a key. Entry without permission is not allowed unless there is an emergency—such as a fire or severe flooding.
Relevant laws:
Thai Criminal Code Sections 362–366: Pertaining to trespassing offenses.
Thai Civil and Commercial Code Section 544: Pertaining to the tenant’s right to possess the leased property.
Exceptions:
In emergencies—such as an unusual odor, fire, or severe water leakage—the landlord may enter the room if there is a valid reason. It is advised that they have a witness or make a record of the entry to demonstrate good faith.
If the landlord violates these rights, the tenant may file a criminal complaint or pursue civil damages.