A Few Questions About A House Lease

[Jeff1]

Hello all,

I did the search about a house lease. I read that you can get one for 30 years.

What does this exactly mean ? Does it mean that the house is in my name and nobody can take it or kick me out on a whim ( house is paid off ) ? I know that I can not own the land, can I own the house ? What happens if there is a parting with landowner ?

I know I can make a business and put the house and land in business name.

But the percentage of ownership is to low and taxes to high to justify this route

Thanks again ,

Jeff

[astral]

Go the company route.

Costs around 15,000 baht a year or 1250 baht a month in taxes and fees. Worth it for the peace of mind!!

[Jeff1]

Thank you astral for the reply, judging by the responce(s) or lack there of, you might be right. at least it's a sure thing.

[Nam Kao]

Get a small room near Nana plaza, you'll be fine

[Jeff1]

Another good point

[ProThaiExpat]

Jeff1: I sought the help of a Thai lawyer to protect my interests when I hooked up with a Thai and he did the legal work to protect my interests.

For some reason, at the time, I didn't think of the house separately from the land. So my land and house are owned by the Thai.

However, I have a 30 year lease of both the land and the house, and there is a mortgage on the land and the house for its purchase price, with a recitation in the lease that if it is ever broken, there is a 5 million baht penalty payable to the lessee. Also, strong language regarding peaceful habitation and long in advance appointment to inspect the leasehold once a year. Since we are still mutally co-habitating, three years now, it seems an unimportant issue.

My main concern was after my love dies, what about greedy relatives trying to evict me or somehow winning a case in court against a farang.

My Thai wrote a will, leaving the house and property to me, there are some who say property can't be willed to a farang but the house can and the ampur authored the will and it is just another document to protect me when my Thai is gone if ever.

I have heard of another 30 years lease upon expiration of the current 30 years by an agreement recited in the first document, however, since I will be in my late nineties when the first term is up, I had little concern for that additional term.

Most farang that I know have leased their land and most own their houses.

[Jeff1]

Thank you so much for the helpful information Pro Thaiexpat. Some very good ideas that I will have to put into action myself. I only want to, not be taken advantage of. And then as you point out ..death and realitves. God forbid.

take care,

Jeff

[KenUdon]

Would have thought the best advice if you are thinking of trying to buy a house in Thailand is....DON'T!!

Regardless of how many pieces of paper, legallly binding documents, and leases you have, if anything happens to your Thai partner, and the family want you out, THEY WILL GET YOU OUT.

It won't be any good holding up a lease when they are holding up a gun!!

[ProThaiExpat]

Criminals exist in every country.l

Most of the Thais I know, respect government recognized rights, fear legal action by lawyers and documents filed in the land office.

In the event I am wrong and the family evicts me by force, I have nothing better to do than hire a lawyer and utilize the Thai legal system for justice.

A recorded mortgage on the property, a recorded lease with penalty provision and a right to peaceful occupancy are well recognized Thai legal rights enforceable in court.

I refuse to live in fear of phantom gun bearing relatives created out of whole cloth by the occasional fear mongering Thaivisa forum posting.

Frankly, I have a lot more fear of unscrupulous landlords, having been taken by one already in Thailand. Also, I am one of those people who enjoy a home of one's own creation, modification and freedom to make changes as desired.

[KenUdon]

I refuse to live in fear of phantom gun bearing relatives created out of whole cloth by the occasional fear mongering Thaivisa forum posting

Phantom??...Oh Dear. Looks like we have got another one who knows it all.

You have obviously never been the situation, so how on earth can you give advice based on...what you have never experienced!!

It happens here a lot, so don't try and MISLEAD the guy, when he needs to be informed of ALL possibilities!

[Jeff1]

Your point is well taken Ken...Scary, but I guess anything can happen. I would hate to be killed over a house ! I would have to leave it up to the legal system right before any showing of hardware. In the meantime I would have to rent...

probally no more than 10 years........NAHHH. Booby traps, yeah thats the ticket

[KenUdon]

You have it right Jeff. Be aware of the things that can possibly happen, and learn from other peoples experiences. Don't be blinded by the pretty faces and know that they can turn very ugly. It doesnt happen to everyone, but it DOES HAPPEN. Renting is certainly the way to go for the first few years, as much of a pain as it is sometimes. Best of luck to you.