Whats the penalty for landlords for having a Westerner in their house on overstay?

[AdrianUk]

My friend is a landlord and his tenant is 3 months overstay,  will he get into trouble?

[Celsius]

no

[FritsSikkink]

Depends, did he file a TM30 (notification of residence for a foreigner)?

Edited August 27 by FritsSikkink

[AdrianUk]

Just now, FritsSikkink said:

Did he file a TM30 (notification of residence for a foreigner)?

 

i'm not sure, he's been there 7 years.  I will ask

[ChipButty]

If the landlord/owner has filed a TM-30 he is in the clear, but 7 years ago I don't think people bothered so much, Here in Phuket I've seen some hefty fines for the landlords, the overstay is nothing to do with the landlord.

[itsari]

Penalty is 2000 baht for each foreigner.

[jippytum]

No big deal for the landlord.

Curious why a tenant living seven years at his property should now be three months overstay.

If he had a retirement extension and perhaps had a medical issue consult his agent.

However with accumulated fines of 450,000 baht probsbly best make it to the airport and pay the 20,000 baht fine on departure. 

[ChipButty]

43 minutes ago, itsari said:

Penalty is 2000 baht for each foreigner.

Where do you get that from? more like 10,000 baht in Phuket 

[itsari]

6 minutes ago, ChipButty said:

Where do you get that from? more like 10,000 baht in Phuket 

 

[Sophon]

52 minutes ago, ChipButty said:

Where do you get that from? more like 10,000 baht in Phuket 

 

From the 1979 Immigration act
 

Quote

Section 77. Whoever fails to comply with the provisions of Section 38, shall be punished by a fine not exceeding two thousand baht. If the person is a hotel manager, the punishment shall be by a fine from two thousand baht to ten thousand baht.

 

[mfd101]

I assume that none of this applies to someone like me who expects 2 of my friends from Oz to fly in and stay with us here in Surin for 2 weeks in Nov/Dec?

 

I guess they'll be on visa-free entry of one kind or another.

[Olmate]

1 hour ago, jippytum said:

No big deal for the landlord.

Curious why a tenant living seven years at his property should now be three months overstay.

If he had a retirement extension and perhaps had a medical issue consult his agent.

However with accumulated fines of 450,000 baht probsbly best make it to the airport and pay the 20,000 baht fine on departure. 

The fine does.not accumulate, max 20k

[bradiston]

2 hours ago, itsari said:

Penalty is 2000 baht for each foreigner.

I got fined 1600. Or rather, my daughter did, as I was living in "her" house. But she lives elsewhere, so I just asked how much, and paid. The IOs made a big deal of it. They'd come a long way just to nab me and one other. It was a tip off job from a nosey neighbour. Charming behaviour. I wasn't on overstay, but had never filed a tm30 as the building permit for the house was in my name, so I'd always assumed I owned it. Not so, A/C to the IOs. My daughter owned the land. Ergo, that includes the property. Rubbish, of course, but here's 1600, now fxxx off!

Edited August 28 by bradiston

[itsari]

38 minutes ago, mfd101 said:

I assume that none of this applies to someone like me who expects 2 of my friends from Oz to fly in and stay with us here in Surin for 2 weeks in Nov/Dec?

 

I guess they'll be on visa-free entry of one kind or another.

You as the house owner is obliged by law to apply for a TM30 for the duration of there stay under your roof.

 

[mfd101]

1 minute ago, itsari said:

You as the house owner is obliged by law to apply for a TM30 for the duration of there stay under your roof.

 

Mmmm, well, never done it before in 7 years living here in south Surin, with multiple visits by Oz friends over the years.

 

My b/f is the land AND house owner, not me. In the extremely unlikely event of a problem arising, he will know how to handle it ...

[bradiston]

8 minutes ago, itsari said:

You as the house owner is obliged by law to apply for a TM30 for the duration of there stay under your roof.

 

You can do it online. After my getting nicked, I used to do it after my trips abroad, and when I had guests. My condo concierge did it for me here in Pattaya too. It was always a problematic procedure, but if you can figure it, it works. Can't remember the website.

[Tropicalevo]

 

 

14 minutes ago, mfd101 said:

Mmmm, well, never done it before in 7 years living here in south Surin, with multiple visits by Oz friends over the years.

 

My b/f is the land AND house owner, not me. In the extremely unlikely event of a problem arising, he will know how to handle it ...

 

Strange attitude - 'we broke the law before and didn't get caught so - rinse repeat'.

 

7 minutes ago, bradiston said:

You can do it online. After my getting nicked, I used to do it after my trips abroad, and when I had guests. My condo concierge did it for me here in Pattaya too. It was always a problematic procedure, but if you can figure it, it works. Can't remember the website.

 

This was it the last time that I looked.

Apparently, the phone app is easier.

 

https://tm30.immigration.go.th/tm30api/loginExternal.jsp?value=EXT&id=11957507b4db9e278b4e1e7460f9c911

Edited August 28 by Tropicalevo

[itsari]

12 minutes ago, mfd101 said:

Mmmm, well, never done it before in 7 years living here in south Surin, with multiple visits by Oz friends over the years.

 

My b/f is the land AND house owner, not me. In the extremely unlikely event of a problem arising, he will know how to handle it ...

The risk is minimal , however you never know what your guests could get involved with .

It costs nothing to obtain the TM30 . Done in 5 minutes online

[Old Croc]

11 minutes ago, itsari said:

You as the house owner is obliged by law to apply for a TM30 for the duration of there stay under your roof.

 

Of course, this is the strictly legal interpretation and commercial businesses should comply.

However, practically, it would be ludicrous for everyone who has a visitor staying in their house overnight or for a short stay, to lodge a TM30. I have frequent overseas visitors staying with me and while aware of the legal obligation, never consider lodging one (my wife would cop the fine anyway and could genuinely plead ignorance of this law).

[DrJack54]

1 hour ago, mfd101 said:

I assume that none of this applies to someone like me who expects 2 of my friends from Oz to fly in and stay with us here in Surin for 2 weeks in Nov/Dec?

 

I guess they'll be on visa-free entry of one kind or another.

No problem.

Do nothing.

I Assume they won't be applying for extension.

 

[Liquorice]

2 hours ago, itsari said:

 

If you have to quote, don't use commercial websites with misleading information.

 

Covered many times on this forum. It is not solely the responsibility of the owner or landlord to file a TM30, it's just as much the responsibility of the tenant/possessor to file a TM30 and exactly why foreigner end up paying any fine.

The law on this is within the Immigration Act, sections 38 and 4.

[brianthainess]

35 minutes ago, mfd101 said:

Mmmm, well, never done it before in 7 years living here in south Surin, with multiple visits by Oz friends over the years.

 

My b/f is the land AND house owner, not me. In the extremely unlikely event of a problem arising, he will know how to handle it ...

As long as they don't have any dealings with Immigration the house owner would get away with it, but if they go for any reason, then there would be a problem. IMO

[Old Croc]

17 hours ago, AdrianUk said:

My friend is a landlord and his tenant is 3 months overstay,  will he get into trouble?

For context, in some countries harbouring an overstayer is an offence under Migration law.

MIGRATION ACT 1958 - SECT 233E Concealing and harbouring non - citizens etc. (austlii.edu.au)

 

I doubt there is such a penalty in the legislation here.

 

[mfd101]

20 minutes ago, DrJack54 said:

No problem.

Do nothing.

I Assume they won't be applying for extension.

Thanks. No extensions planned or likely. Just a few days in Bangers with us, then we fly back home here for 2 weeks and will do some car travel to some parts of Thailand I & my b/f have never been before (Ubon/Mekong). Possibly also Korat. Then they fly back to Bangers & straight out back to Oz. Staying in hotels in the process will no doubt handle most of the issue (assuming the hotels do their job properly).

Edited August 28 by mfd101

[DrJack54]

33 minutes ago, mfd101 said:

No extensions planned or likely.

They are good to go also you as hosts.

The guests would only bother with TM30 if they needed dealing with immigration eg for extension. 

Visa exempt is currently 60 days

[itsari]

42 minutes ago, Liquorice said:

If you have to quote, don't use commercial websites with misleading information.

 

Covered many times on this forum. It is not solely the responsibility of the owner or landlord to file a TM30, it's just as much the responsibility of the tenant/possessor to file a TM30 and exactly why foreigner end up paying any fine.

The law on this is within the Immigration Act, sections 38 and 4.

OK Mr liqourice , i have said nothing out of place . Dont be so condecending.

[thailand49]

17 hours ago, ChipButty said:

If the landlord/owner has filed a TM-30 he is in the clear, but 7 years ago I don't think people bothered so much, Here in Phuket I've seen some hefty fines for the landlords, the overstay is nothing to do with the landlord.

On record, the landlord is responsible for the reporting of TM30, for Thais rarely you go down Immigration " Jomtien "  no TM30, the applicant usually pays the fine.

 

 

[john donson]

as long as the rent is paid and the house kept clean, otherwise...call immigration

[Scouse123]

We did the TM30, and we made a contract in English and Thai for our Filipina tenant.

 

As far as we are concerned, we are legal and clear.

 

The Filipina lady is also legitimate, as she is an English teacher at our local biggest employer, the sugar factory.

 

 

[Liquorice]

2 hours ago, itsari said:

OK Mr liqourice , i have said nothing out of place . Dont be so condecending.

Not condescending, just factual.

 

2 hours ago, thailand49 said:

On record, the landlord is responsible for the reporting of TM30, for Thais rarely you go down Immigration " Jomtien "  no TM30, the applicant usually pays the fine.

 

 

On record and by law, the landlord or owner is not solely responsible.

 

The Immigration Act (Law, not some commercial website) concerning residential properties states it's the responsibility of ''The house – master, the owner or the possessor of the residence'' to file a TM30. It defines the housemaster as ''any persons who is the chief possessor of a house, whether in the capacity of owner, tenant, or in any other capacity whatsoever.''