Renting out our guest house- Legalities?

[jaideeguy]

We have a guest house on our property that we want to rent to a Thai woman with her 'live in' falang BF. Before we enter into this arrangement, I would like to get a few things clear..........

1] are there standard lease/rental forms that we can buy?? or download template??

2] the [possible rentors] are not married, but have been living together for years and he will be the $$ behind the rent and will occupy with her. Should his name and passport number be on the contract??

3] our property is on the market for sale and we may have to show it to perspective buyers and would like to have the right to show the house with 24 hr notice. That should be in the contract as well. And IF we are lucky enough to sell, then I would like have the right to terminate the contract in 2 months.........any problems there??

4] do we have to notify Thai immigration that a falang is occupying our rental?

5] and, lastly.............am I overlooking any details??

Thanks in advance...........

[bocceball1]

Google home rental lease agreements.....You'll find plenty of samples. you can modify to suit your needs by cutting and pasting (read the lease get rid of the fluff ...keep as simple as possible but make sure you cover those points that are important to you....ie viewing the unit on 24 hr notice to perspective buyers...and termination on 2 months notice )

Guy with the $$$$ is the person who you want on the lease...for sure.....but also anyone else who will be residing there just in case their relationship goes south and he splits.

My understanding (and I am no expert) is that your wife (as I assume you a farang, and not the owner) has to notify immigration of residence of a farang (and she is also "supposed" to notify immigration of "your" residency as a farang also......Its not just applicable to renters....Its applicable to all farangs in residency.)

[jaideeguy]

Google home rental lease agreements.....You'll find plenty of samples. you can modify to suit your needs by cutting and pasting (read the lease get rid of the fluff ...keep as simple as possible but make sure you cover those points that are important to you....ie viewing the unit on 24 hr notice to perspective buyers...and termination on 2 months notice )

Guy with the $$$$ is the person who you want on the lease...for sure.....but also anyone else who will be residing there just in case their relationship goes south and he splits.

My understanding (and I am no expert) is that your wife (as I assume you a farang, and not the owner) has to notify immigration of residence of a farang (and she is also "supposed" to notify immigration of "your" residency as a farang also......Its not just applicable to renters....Its applicable to all farangs in residency.)

Thanks Bocce......

I was reading in the search mode on TV that there are some templates available in Thai and English, but unfortunately only in PDF format that I found. Anyone know of any in MS word??

Yes, I'm the falang half of our relationship and regarding me registering with Immigration, I do that every 90 days..........please no more!

[bocceball1]

Yes...I understand you report every 90 days to immigration and that is a TM.47 form

Your wife as the "House Owner....who accommodates foreign nationals"....which could possibly include you. I'm no expert but when I last did my 90 day report (and have been doing it for 10 years) they required my wife to fill one out (not sure if its a one time thing or they don't know what their doing...very possible). I have been living at the same residence for the last 2 years.....

As I said ...I'm no expert ...so maybe somebody else could clear this up.

Notification of residence of foreigners for businesses According to section 38 of the 1979 immigration act, "House owners, heads of household, landlords or managers of hotels who accommodate foreign nationals on a temporary basis who stay in the kingdom legally, must notify the local immigration authorities within 24 hours from the time of arrival of the foreign national." If there is no immigration office in the province or locality of the respective house or hotel, the notification is made to the local police station. In Bangkok the notification is made to the Immigration Bureau. The notification of residence of foreign nationals is made by the manager of licensed hotels according to the hotel act, owners of guesthouses, mansions, apartments and rented houses using the form TM. 30.
The notification of residence of foreign nationals within 24 hours can be made in a number of ways to make the notification as convenient as possible:

• In person at the respective office, or
• Through an authorised person at the respective office, or
• By registered mail, or
• Via internet.

[LennyW]

Copy here in Thai and English http://slice-of-thai.com/rental/rental_contract.pdf

[jaideeguy]

Thanks for the link Lenny. It's quite lengthy, but we can use what we need and toss what's not appropriate. Have done some research myself and found that there are not many legal guidelines on contracts between rentor and landlord. Wife found the ready made contract at a local stationary shop, but in Thai only. I like your bi-lingual version.

We are leaning towards just making the contract between my wife and the Thai girlfriend and playing 'ignorant' if the officials come out, as it looks like getting them involved is opening a can of worms and the less I have to do with them, the better. They already take too much of my time and have heard that it is quite common to go the simple route and just let it be Thai to Thai.