AirBnb host tells me they never make TM30

[sqwakvfr]

This is going to sound like nonsense but AirBnB in the past claimed it was part of the "Sharing economy".  In essence "I share my house with a guest".  Of course the guest pays the host (did I miss something?).  

 

I just canceled a booking on Agoda because what I had actually booked was a privately owned condo with an individual "host" and not a professionally run condo complex with an office staff.  This sounded a little "hinky" to me when the host did not respond to my emails or calls so I could find out exactly how to get into the condo?  Agoda customer service insisted that this was a hotel(really?).  Maybe I am i too old fashioned but I just don't like staying  at a privately owned condo unless I am renting it as an actual tenant.  

[JackGats]

Given AirBnB is banned in Thailand, wouldn't filling out a TM30 be tantamount to turning oneself in?

[pomchop]

2 hours ago, Tropicalevo said:

The extensions are based on where you are registered. It also depends on the visa.

The TM 30 is for a change of address. eg.

I am registered at my home.

When I go away for a break, I provide my details to the owner/manager of the temporary address for the TM 30.

When I return home, I do not need to do the TM 30. I am already registered there.

Txs but i am still bit confused...i arrived bkk on a 60 day tourist visa....they asked on arrival where i was staying and i said pattaya..but over past 2 months i have stayed in a variety of hotels in bkk and pattaya....i am now staying in a condo rental month to month....so do i need to ask the property manager if they did the tm30 and if not what am i supposed to do about it?  i have a receipt from property rental manager but no formal lease...... what happens if i just show up at jomtiem immigration and ask to extend my tourist visa by 30 days?  

[Lemsta69]

14 hours ago, Tropicalevo said:

No. The owner/manager of the property should.

If you do not have one - they get the fine.

However, many hosts do not do it.

previous threads on this topic suggest that immigration will fine the tenant rather than the landlord because it's easier for them to extort the money by withholding the service that the tenant requires.

[Lemsta69]

4 hours ago, recom273 said:

AFAIK the wording is "housemaster" the person who is in charge of the rental - in my case, I was fined for not completing a TM30 (when no-one did it) 

 

The landlord told my wife to tell immigration to keep their fine, he wouldn't be paying it, not his problem. They then said my wife could be deemed "the housemaster" because she was the Thai person in charge of the rental.

 

When we moved to our current rental, my wife took copies of the owners ID, the house book (both signed) my passport and everything, wifes ID and she filed the tm30.

 

Khon Kaen immigration mentioned that it was the job of the owner, but accepted everything after we explained the landlady was just some old village woman with no transport - and then I threw the slip away, so when we went to get my yearly extension, then asked us to file another TM30 which we did with copies of the paperwork that we had. 

 

Won't you need to have a copy of the rental agreement / landlords ID and housebook for your retirement extension?

here's the translated wording courtesy of Siam Legal:

 

https://library.siam-legal.com/thai-law/thai-immigration-act-temporary-stay-in-the-kingdom-sections-34-39/

 

"Section 38

The housemaster, the owner or the possessor of the residence, or the hotel manager where the alien, receiving permission to stay temporary in the Kingdom has stayed, must notify the competent official of the Immigration Office located in the same area with that hours, dwelling place or hotel, within 24 hours from the time of arrival of the alien concerned. If there is no Immigration Office located in that area, the local police official for that area must be notified.

 

In case the house, dwelling place, or hotel where the alien has stayed under provision of paragraph 1 is located within the Bangkok area, such notification must be reported to the competent official at the Immigration Division."

[scubascuba3]

8 hours ago, daejung said:

Hello, only a fine ? without risk of not getting visa or extension ?

 

Paying an hotel which I don't need to avoid 2000 baht fine. I prefer to  pay the fine

only fine 

[ThailandNinja]

Can't you do a TM28 by your self?
TM 28 are for tenants...or is it not used anymore?

[ubonjoe]

3 minutes ago, Lemsta69 said:

here's the translated wording courtesy of Siam Legal:

You can also download the entire immigration act in the pinned topic at the top of page one of this forum.

Section 4 of the act states this.

[Jack1988]

Always some problem in this country. It's so stressful and annoying ????

[ubonjoe]

1 hour ago, ThailandNinja said:

Can't you do a TM28 by your self?
TM 28 are for tenants...or is it not used anymore?

Since February of 2020 the TM28 form is not used, It was replaced by the TM27 form.

Most want the TM30 done instead of the TM27 change of address form.

[ThailandNinja]

7 minutes ago, ubonjoe said:

Since February of 2020 the TM28 form is not used, It was replaced by the TM27 form.

Most want the TM30 done instead of the TM27 change of address form.

Good.
Maybe you should remove it from your templates and forms post? ????

[ubonjoe]

14 minutes ago, ThailandNinja said:

Maybe you should remove it from your templates and forms post?

Immigration still only shows the TM28 form instead of the TM27 for download. I think many offices still use it for a change of address. T

he reporting a stay of more than 24 hours in another province section is not used anymore since the requirement was eliminated in 2020.

[Maestro]

12 hours ago, Tropicalevo said:

...Thai embassy -...

From the Thai embassy in what country?

[Lemsta69]

10 minutes ago, Maestro said:

From the Tha embassy in what country?

from the one at Two Pacific Place, Bangkok ????

 

Siam Legal that is, they sponsor this website...

 

 https://www.thaiembassy.com/thailand-visa/about-tm30-thailand

[OJAS]

1 hour ago, Lemsta69 said:

from the one at Two Pacific Place, Bangkok ????

 

Siam Legal that is, they sponsor this website...

 

 https://www.thaiembassy.com/thailand-visa/about-tm30-thailand

But they are not an embassy, they are a law firm!!

[NoDisplayName]

16 hours ago, FritsSikkink said:

Bangkok immigration doesn't need it, never did one myself in the last 7 years

My girlff......umm, wife......got her apartment registered on the section 38 app and successfully submitted my information as residing with her.   Downloaded and printed off confirmation cellphone screenshot.

 

When applying for a non-O visa for retirement (mid-July) at CW we were NOT asked for the TM-30.  The IO accepted a statement from my girlf....umm, wife....that I was living there, along with a copy of her lease and her ID card.

 

When applying for the annual extension (end-Sep), the screener at desk #25 DID request the TM-30.  Cellphone screenshot of the sec.38 registration was accepted.

Edited November 6, 2022 by NoDisplayName

[FriendlyFarang]

3 hours ago, ubonjoe said:

Since February of 2020 the TM28 form is not used, It was replaced by the TM27 form.

Most want the TM30 done instead of the TM27 change of address form.

TM28 form is still used, but certain groups of people are now exempt from it.

There was no change to the TM27 form or the use of it, but the TM27 form has never been used by immigration, so it just exists theoretically.

[Maestro]

8 hours ago, JackGats said:

Given AirBnB is banned in Thailand, wouldn't filling out a TM30 be tantamount to turning oneself in?

AirBnB is NOT banned in Thailand. What gave you the impression that it was banned?

[Lemsta69]

1 hour ago, OJAS said:

But they are not an embassy, they are a law firm!!

yes I know, why are you telling me this? ????

[BeerAttractedPerson]

Technically Airbnb is illegal in Thailand unless you have a hotel licence. Probably why the landlord don't wanna do the tm30

 

[Lemsta69]

4 hours ago, BeerAttractedPerson said:

Technically Airbnb is illegal in Thailand unless you have a hotel licence. Probably why the landlord don't wanna do the tm30

 

you didn't scroll down far enough so obviously missed this comment from the OP. the answer is yes, he can do the TM30 himself...

 

"They answered me :

 

  Quote

All our other tenants are like this.

We only provide information about TM30, and they can do it.

There will be no fines.

Can I really do it myself ?"

[BeerAttractedPerson]

On 11/7/2022 at 6:49 AM, Lemsta69 said:

you didn't scroll down far enough so obviously missed this comment from the OP. the answer is yes, he can do the TM30 himself...

 

"They answered me :

 

  Quote

All our other tenants are like this.

We only provide information about TM30, and they can do it.

There will be no fines.

Can I really do it myself ?"

You can do you yourself but you need a copy of the house book ( at least I did last time I did a tm30)

[Lemsta69]

44 minutes ago, BeerAttractedPerson said:

You can do you yourself but you need a copy of the house book ( at least I did last time I did a tm30)

I read the "we only provide information about TM30" to mean that the host would supply the necessary documents, or the login credentials for the online portal.

 

I hope it all works out well for the OP. Landlords that can't be stuffed doing such an essential task for their tenants are just mean and should be hounded out of the industry ????

[bradiston]

 

I got a visit once from the fuzz regarding a tm30 which my daughter never filed over a 10 year period as the house I lived in I considered belonged to me. No no, the IO insisted, she owns the land, it's hers. ER, hello. Is this not my name on the building permit? Hey you falang, you don't get clever with me. Ok, how much? 1600 THB. And they'd come about 100km for that, and a 50 minute speedboat ride at 300 THB each. 3 of them. After that we got a usufruct. The grasses are green.

[sandyf]

On 11/6/2022 at 2:52 AM, daejung said:

Everybody seems to have a different opinion

Spot on. It is an unfortunate fact of life here that immigration can be very inconsisent between the different offices, particularly with the TM30.

A lot depends on which office you use but it is a requirement for a Non O visa. A friend of mine did one a week ago and was picked up on that, they let him off with the fine as being marriage he was able to do it there and then.

You would be within your rights to cancel the airbnb and claim a refund. The host has a legal obligation to report the presence of a foreigner in the property and also has a legal responsibility to airbnb to comply with local regulations and would be in breach of that responsibility.

Ignore what was posted elsewhere, giving someone a login and password is not the same as them doing it on their own, the host is effectively getting the tenant to do it on behalf of the host. Not all hosts will be registered and have a login and password.

If your host can provide a login and password then that is probably your simplest solution and safer than going to immigration without it. Historical precedence never rules out things going pear shaped, always minimise the risk.

[itsari]

On 11/6/2022 at 7:05 AM, itsari said:

Inform Airbnb that the host is refusing to comply with the local regulations as that is there obligation to follow .

Here is the agreement hosts agree to with Airbnb.

[dsj]

On 11/6/2022 at 8:22 AM, Sparktrader said:

Hotels hate Airbnb. Airbnb should be banned.

Actually Airbnb's are illegal here in Thailand, as we have problems with them in our Condo building. That's probably why there owners don't do TM30's

[Colabamumbai]

Most are ilegal. 

[bangon04]

So it sort of sounds as though - if you are invited to sleep over at a friend's condo for one night, technically you need to go through this farce, and if you are a frequent traveller in and out of Thailand you need to go through this farce EVERY TME....

[skatewash]

54 minutes ago, bangon04 said:

So it sort of sounds as though - if you are invited to sleep over at a friend's condo for one night, technically you need to go through this farce, and if you are a frequent traveller in and out of Thailand you need to go through this farce EVERY TME....

The only time the TM-30 is needed is before you conduct business with immigration (such as requesting an extension of stay).  If you aren't doing business with immigration during your stay no (practical) need to file a TM-30.

For example, you arrive in Thailand visa exempt and leave again within the 45 day permission to stay.  No need to bother with a TM-30 filing.

Another example, you arrive in Thailand visa exempt and need to stay 75 days.  You will need to go to immigration to apply for a 30 day extension of stay for purpose of tourism.  Some immigration offices would required you to have filed a TM-30 before you request the 30 day extension.