When Can Owner Canel Rent Contract Premaurely?

[THAIPHUKET]

I got a 3 + 2 year rent contract. I love the house.

Assuming I fulfill al my obligation can the owner cancel the contract prematurely?

E.g. in case of sale of the house?

[katabeachbum]

agreement is automaticly canselled if property sold/transfered, if agreement is not registered in land deed

any rental agreement longer than 3 years is considered illegal if its not registered in land deed and payed taxes to land office. incometax and tessabaan tax are additional. can be canselled at any time.

other reasons to cansell agreement should be stated in agreement

[thaiwanderer]

Lease is NOT automatically cancelled by sale / transfer of the freehold (Civil and Commercial Code 569).

A Lease for longer than 3 years that isn't registered isn't 'illegal'. All else being equal it remains valid and enfoceable EXCEPT for the term which will be no longer than 3 years.

As the OP talks of a 3+2 then the 2 is a promise to renew and is techinically enforceable against the original lessor who made that contractual promise. That cannot be enforced aganst a new freeholder who merely buys the land.

Edited March 7, 2010 by thaiwanderer

[123ace]

Lease is NOT automatically cancelled by sale / transfer of the freehold (Civil and Commercial Code 569).

A Lease for longer than 3 years that isn't registered isn't 'illegal'. All else being equal it remains valid and enfoceable EXCEPT for the term which will be no longer than 3 years.

As the OP talks of a 3+2 then the 2 is a promise to renew and is techinically enforceable against the original lessor who made that contractual promise. That cannot be enforced aganst a new freeholder who merely buys the land.

Agreed, the OP need sto provide more information for this question to be answered properly.

At what stage is this lease at? i.e what month in the 1st 36 or the 2nd 24? also check the lease for a clause that may specifically cover early termination in the event of a sale.

[katabeachbum]

Lease is NOT automatically cancelled by sale / transfer of the freehold (Civil and Commercial Code 569).

A Lease for longer than 3 years that isn't registered isn't 'illegal'. All else being equal it remains valid and enfoceable EXCEPT for the term which will be no longer than 3 years.

As the OP talks of a 3+2 then the 2 is a promise to renew and is techinically enforceable against the original lessor who made that contractual promise. That cannot be enforced aganst a new freeholder who merely buys the land.

Agreed, the OP need sto provide more information for this question to be answered properly.

At what stage is this lease at? i.e what month in the 1st 36 or the 2nd 24? also check the lease for a clause that may specifically cover early termination in the event of a sale.

sale of property, any of the involved parties can determine lease if not registered in land deed, according to Phuket court. Not sure if a case has been tried with only an agreement for sale, IOW transfer of ownership not completed

Lease between 2 parties longer than 3 years MUST be registered in land deed and taxes payed to be valid. Leases like 3+3+3 years not registered in land deed/payed taxes, have been determined by Supreme court supported by revenue department. Note: Determined, not reduced to legal 3 year lease.

A property can be leased to one individuel for 3 years, and same day to another individual for another 3 years when first lease expire. Works for a couple who wants to secure their rental home for more than 3 years.

[THAIPHUKET]

Thanks for your input

Answer to your questions=

Only 3 months of the first 3 years have elapsed

The agreement for 2 years shows no reference to 3 year contract, this agreement is basically predated 3 years.

Place of property Chiang Mai

No clause referring to sale.

Contract in written in excellent English and drafted by a professional plus I am proficient in legal documentation , outside Asia however