yengec Posted October 21, 2017 Share Posted October 21, 2017 Hi all, As all you know the property market is dead and the long term rentals are very cheap. Lets say I rent a villa on 6month contract. Can I rent it out on daily basis over Airbnb, Booking.com, etc..? I mean in the rental contract of me and the villa owner, is there any rule that it defines I cant rent it out to third parties? Btw if its possible I will do it on my Thai GF name. Legally, my name will not be involved in this business such as rental contract, airbnb, bank accounts, etc. I will just organise the business on the internet.. Link to comment Share on other sites More sharing options...
digbeth Posted October 21, 2017 Share Posted October 21, 2017 normally the contract with your landlord would disallow subletting, and daily rentals such as airbnbs is technically against the law too Link to comment Share on other sites More sharing options...
NanLaew Posted October 21, 2017 Share Posted October 21, 2017 Link to comment Share on other sites More sharing options...
theguyfromanotherforum Posted October 21, 2017 Share Posted October 21, 2017 This is definitely not allowed. Btw, why are you putting this brilliant idea on your gfs name? Are you chicken to put your own name in this shady business venture? I'd defo go for it. Nothing can go wrong. Link to comment Share on other sites More sharing options...
pontious Posted October 21, 2017 Share Posted October 21, 2017 No - that would make you a hotel, which you are obviously not. Link to comment Share on other sites More sharing options...
yengec Posted October 21, 2017 Author Share Posted October 21, 2017 as i know to rent out your own villa is not against the laws. the condo is against the laws because of they are in the same industry as hotel. i just ask the rented villa. about putting my own name, im not that stupid. we know how things goes in thailand. dont need to take extra caution as farang. since i have the opportunity to make on Thai name. its not about being chicken, bcz here is kingdom and the laws are not applied to everyone fairly:) also this is not a sure win business. you need to take risk of vacancy.. Link to comment Share on other sites More sharing options...
theguyfromanotherforum Posted October 21, 2017 Share Posted October 21, 2017 (edited) Did you miss the part about subletting? That's what makes it illegal. From my understand the contract clearly needs to have a clause that allows subletting. The best thing would be to ask the landlord, but I think you already know what he'll say about his villa being rented on airbnb. And just to add to this, just imagine the epic lawsuit the landlord can bring against you if any of your "guests" damage the property. Is this why you're going to put your gfs name? I highly doubt she'll accept any responsibility if things go south and you'll have 2 enemies instead of 1. But I'd still do it. What can go wrong? Edited October 21, 2017 by theguyfromanotherforum Link to comment Share on other sites More sharing options...
champers Posted October 21, 2017 Share Posted October 21, 2017 If you rent out in your girlfriends name, make sure not to tell her. If the people you rent to trash the joint you can do a runner and leave her to clear up the mess. Make sure you get payment in cash in advance. Good luck. Link to comment Share on other sites More sharing options...
yengec Posted October 21, 2017 Author Share Posted October 21, 2017 (edited) in this forum most people are scared to even rent out their owned villa. for ex last month in my condo, i needed a room for 3 days and i asked the condo management office if they know anyone who rent out for short time. then they call someone russian and we agreed. also i see her post at booking.com if this is against rules how a russian girl can advertise on booking and also condo management helps her to find customers too. on the other hand some of my friends come to stay at Unixx condo. they book the room from airbnb and it was a company. i think the company rent out their customers’ condo units for short time. as we all know it is strictly against rules, how can a company operates this as a business legally? Edited October 21, 2017 by yengec Link to comment Share on other sites More sharing options...
newnative Posted October 21, 2017 Share Posted October 21, 2017 28 minutes ago, yengec said: as i know to rent out your own villa is not against the laws. the condo is against the laws because of they are in the same industry as hotel. i just ask the rented villa. about putting my own name, im not that stupid. we know how things goes in thailand. dont need to take extra caution as farang. since i have the opportunity to make on Thai name. its not about being chicken, bcz here is kingdom and the laws are not applied to everyone fairly:) also this is not a sure win business. you need to take risk of vacancy.. Yeah, it's definitely about being chicken. You know you are going to be breaking a number of laws so let's leave the GF holding the bag. But worse, in my opinion, is your very selfish plan to rent a villa in the first place and then illegally rent it daily, in violation of the rental agreement. After 6 months of hard use, non-caring, partying tourists in and out on daily rentals the villa will likely be quite trashed. But what do you care, it's not your villa. Link to comment Share on other sites More sharing options...
yengec Posted October 21, 2017 Author Share Posted October 21, 2017 1 minute ago, newnative said: Yeah, it's definitely about being chicken. You know you are going to be breaking a number of laws so let's leave the GF holding the bag. But worse, in my opinion, is your very selfish plan to rent a villa in the first place and then illegally rent it daily, in violation of the rental agreement. After 6 months of hard use, non-caring, partying tourists in and out on daily rentals the villa will likely be quite trashed. But what do you care, it's not your villa. also long term tenants can trash the property. when i buy my condo it was very bad and i had to spend too much time and money to recover. that is not the point, im just asking the legal issue. as i said before this is a risky business. the guest might harm the property and my deposit would be fired. also i suggest all of you to use a thai people in legal ground because when they see a farang in the play ground, everyone will come after you. it would be stupid to use my name in business for nonsense. by using my gf, it doesn’t mean she will be in trouble. of course i support her if something happens. pls don’t misunderstand the topic and make hard feelings.. Link to comment Share on other sites More sharing options...
newnative Posted October 21, 2017 Share Posted October 21, 2017 6 minutes ago, yengec said: also long term tenants can trash the property. when i buy my condo it was very bad and i had to spend too much time and money to recover. that is not the point, im just asking the legal issue. as i said before this is a risky business. the guest might harm the property and my deposit would be fired. also i suggest all of you to use a thai people in legal ground because when they see a farang in the play ground, everyone will come after you. it would be stupid to use my name in business for nonsense. by using my gf, it doesn’t mean she will be in trouble. of course i support her if something happens. pls don’t misunderstand the topic and make hard feelings.. Yes, one long-term tenant can damage a property. Think of what 6 months of daily tenants will do to a place. Your security deposit will likely not come close to covering the damages and theft. The landlord will be left with putting things right out of his own pocket. I think you are well aware that what you would be doing is both wrong and illegal--hence the plan to put it all on the GF, despite your protests. Link to comment Share on other sites More sharing options...
tropo Posted October 21, 2017 Share Posted October 21, 2017 1 hour ago, theguyfromanotherforum said: Did you miss the part about subletting? That's what makes it illegal. From my understand the contract clearly needs to have a clause that allows subletting. The best thing would be to ask the landlord, but I think you already know what he'll say about his villa being rented on airbnb. And just to add to this, just imagine the epic lawsuit the landlord can bring against you if any of your "guests" damage the property. Is this why you're going to put your gfs name? I highly doubt she'll accept any responsibility if things go south and you'll have 2 enemies instead of 1. But I'd still do it. What can go wrong? Why would there be an "epic lawsuit" for the landlord to recoup the cost of damages? Damages are by contract the responsibility of the tenant on the contract. Link to comment Share on other sites More sharing options...
tropo Posted October 21, 2017 Share Posted October 21, 2017 29 minutes ago, yengec said: also long term tenants can trash the property. when i buy my condo it was very bad and i had to spend too much time and money to recover. that is not the point, im just asking the legal issue. as i said before this is a risky business. the guest might harm the property and my deposit would be fired. also i suggest all of you to use a thai people in legal ground because when they see a farang in the play ground, everyone will come after you. it would be stupid to use my name in business for nonsense. by using my gf, it doesn’t mean she will be in trouble. of course i support her if something happens. pls don’t misunderstand the topic and make hard feelings.. Your potential loss doesn't stop at losing your deposit if that doesn't cover the cost of repair. You are legally responsible for all damages. Do you think no one will find out that you're involved along with your Thai gf? Link to comment Share on other sites More sharing options...
NanLaew Posted October 22, 2017 Share Posted October 22, 2017 Most rental agreements will have a sub-let prohibition so the OP's idea is dead in the water. The OP may be lucky enough to find an inexperienced landlord who hasn't included a sub-let restriction. However, to think that any landlord will be happy to discover that his long-term tenant isn't living there and is touting his property on the internet for short-term rental and private gain is incredibly naive as well as being fraudulent and illegal. Stop going on about 'we all know how the law works here' and the vagaries of Thai law enforcement. That was then but this is now. Link to comment Share on other sites More sharing options...
yengec Posted October 22, 2017 Author Share Posted October 22, 2017 Thanks for the all replies. I see subletting is a big issue and it kills my idea. Anyone has any idea about what I talked before as u see below? I want to learn the legal side to do this as a company look like other companies.. last month in my condo, i needed a room for 3 days and i asked the condo management office if they know anyone who rent out for short time. then they call someone russian and we agreed. also i see her post at booking.com if this is against rules how a russian girl can advertise on booking and also condo management helps her to find customers too. on the other hand some of my friends come to stay at Unixx condo. they book the room from airbnb and it was a company. i think the company rent out their customers’ condo units for short time. as we all know it is strictly against rules, how can a company operates this as a business legally? Link to comment Share on other sites More sharing options...
newnative Posted October 22, 2017 Share Posted October 22, 2017 30 minutes ago, yengec said: Thanks for the all replies. I see subletting is a big issue and it kills my idea. Anyone has any idea about what I talked before as u see below? I want to learn the legal side to do this as a company look like other companies.. last month in my condo, i needed a room for 3 days and i asked the condo management office if they know anyone who rent out for short time. then they call someone russian and we agreed. also i see her post at booking.com if this is against rules how a russian girl can advertise on booking and also condo management helps her to find customers too. on the other hand some of my friends come to stay at Unixx condo. they book the room from airbnb and it was a company. i think the company rent out their customers’ condo units for short time. as we all know it is strictly against rules, how can a company operates this as a business legally? Short term condo rentals are illegal at any projects registered as a condominium at the Land Office. Most condo by-laws also prohibit short term rentals. Condominiums are residences and not hotels--there's a big difference; hence, the laws. Lots of condo projects have now posted notices in their lobbies, on bulletin boards, etc. stating that short term rentals are illegal. You may have noticed that many of the notices and standing billboards have the same wording and graphics and, apparently, were produced by some agency or organization. I've seen the same exact notices and billboards posted at Bangkok condos and Pattaya condos. Anybody renting condos short term is breaking the law. In addition, you would also be breaking the law by operating a business without a license and, as a foreigner, working illegally without a work permit. You probably could also get into trouble by not reporting your illegal income. Are people renting condos short term? Yes, and they are all breaking the law. It's surprising to me that the hotel owners losing all this business have not yet been vocal in demanding a crackdown on this illegal activity. Link to comment Share on other sites More sharing options...
Rimmer Posted October 22, 2017 Share Posted October 22, 2017 And on that note I am closing the topic: 3) You will not post about activities or links to websites containing such material that are illegal in Thailand. This includes but is not limited to: gambling, betting, pornography, illegal drugs, fake goods/clothing, file sharing of pirated material, pyramid schemes, etc. Discussion of the above is permitted only as news items, but never as a "how to" topic. Link to comment Share on other sites More sharing options...
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