Lease

[Lizavictoriamassy]

Hello.

We had villa built in a Thai village in chiang mai

We never had a lease as we trusted daughter in law.. But now due to circumstances we now need a lease ..

I know she can write up the lease.

All we want is the lease for the 30 years and that if either one of us dies the other then becomes owner and can sell the villa.

Is there anything I should know about getting a lease.

Is it straight forward

Thank you.

[JOC]

Another one bites the dust.................

I take that your daughter in law, is soon to be your ex daughter in law.

If she is the sole owner of the house, there is no way, you can force her to give you a lease. Even if you paid every single baht to have the house build.

It is hers!!

[GuestHouse]

Presuming that your DiL is willing to give you a lease then you need to do the following:

Have the lease recorded at the land department.

Have the lease recoded on the title deed

Agree a lease fee (rent) with your DiL and then pay tax on the rent to the land office (Tax on the whole rental fee for the whole lease period paid up front when the lease is registered)

The lease can only be in one name, safer for you if your name, safer for your wife if her name - Be aware the lease is an "Asset" in terms of marital assets - if you are married before taking out the lease then that asset is shared and comes under asset sharing if you divorce.

The lease cannot give you the right to sell the property (it is a lease not a title)

The lease could include a clause allowing you to sublet - but I would be surprised if DiL accepts such a clause.

The lease protects the lease holders right of usage if the land/property is sold or mortgaged

If you've built a very nice place DiL might, refuse you a lease or mortgage the property

Or sell it without your permision

If she has already mortgaged the property then you cannot get a lease

[Lizavictoriamassy]

Thank you..

She is not soon to be dil .. Just my circumstances changed..

It's not mortgaged...

Just did not want any of the other family to get it.. She is okay ..

Thanks for replies..

[Lizavictoriamassy]

What happens if the person on the lease dies? If on,y one name allowed?

Thank you ..

[CharlieH]

MOVED to Real Estate

[Thongkorn]

Another one bites the dust.................

I take that your daughter in law, is soon to be your ex daughter in law.

If she is the sole owner of the house, there is no way, you can force her to give you a lease. Even if you paid every single baht to have the house build.

It is hers!!

sorry but you got to laugh at gullible people , Trusted an unheard of word in Thailand.

[Lizavictoriamassy]

I agree tell that too my husband .. She has him wrapped around her fingers

[Lizavictoriamassy]

We will not be visiting as much over the. Next two years and will def not be back for a year at least .. So thought see about a lease .. We have had the villa almost five years come August .. But she is a respectable girl .. Not a bar girl .. Works hard hence the trust ..

[KittenKong]

But she is a respectable girl .. Not a bar girl .. Works hard hence the trust ..

I would never trust anyone in Thailand, no matter what colour their skin is or what their job is.

Always get everything in writing (in a language you can read) and never pay money up front.

[Lizavictoriamassy]

I know kitten .. I or we would never of done this in our country .. Why on earth we done it here.. I do not know ..

[blackcab]

This thread is running at the same time. It's about someone who trusted their aunt to buy and hold a piece of land for them, which the aunt did.

Then she got a loan on it...

http://www.thaivisa.com/forum/topic/834528-land-papers-loan-sharks-help/#entry9540517

[Lizavictoriamassy]

Thank you blackcab

[Lizavictoriamassy]

Although no use to us.. As in we can't own the land we do have the land cert and the blue book .. I just remember that after reading the other thread ..

If we have them docs .. Then surely we are safe? .. If she can't have them .. She can't get any loans as such .. Which I don't think she wud do.. Not while we r here .,

[KittenKong]

The registered owner can get replacement documents issued, claiming the loss of the originals. Tedious but possible.

[blackcab]

^ Exactly.

[Lizavictoriamassy]

Thanks kitten.. I did wonder..

[blackcab]

You seem concerned. Sell it and get a property in a country where you can own outright, then rent it for good money and enjoy the income.

[Lizavictoriamassy]

Thanks kitten.. I did wonder..