Is a lease contract legally enforceable in Thailand.

[ghworker2010]

We have been looking at many houses for rent and have found one near a busy road in the centre of town. The rent is high but the property is new and there is a potential for us to have a business there. The landlords wife said that we could take out the garage door and put in  a large window etc to convert that space for business use. 

 

After looking at the house she drove us around town showing us her other properties / shops - some that were vacant and some that are occupied.

 

Her husbands a Dr at the local hospital and she seems to exude a jai dee attitude. She said to us 'we will never put the rent up blah blah'. Its a new modern house however there is no sink installed in the kitchen which I obviously thought was strange. I asked her if we can put one in. She said do it and take 5000 baht off the first months rent. 

 

At the end of our session with her she said to us 'you can prepare the lease contract' etc.  I asked to meet her husband in case he is satan dressed up in a dr's coat. She said that we can go over to their house sometime before signing the contract. I propose to prepare an initial 12 month fixed term contract after which it reverts to a 'continuation' lease. 

 

My questions are:

1. Can we put a clause in the lease that there will be no rent increases in the first 3 years of occupancy? Would it be legally enforceable?

2. I think that I must put a clause in there that they will allow a business to be operated on the premises. 

3. I should also put one in there stating that they agree to us removing the garage door and installing a new wall with a window. I don't want to return that area to the garage door when we vacate and thus will not be putting a clause in to that nature. 

4. Renting privately is evidently unregulated in the land of smiles. If a landlord signs an agreement with me and we exchange photocopies of id cards where it is signed, is this a legally binding arrangement?

 

Its weird that they will allow us to prepare the contract don't you think? Unless they have more money than sense. I've seen this attitude before back in the mother country. This morning I drove past the house again to take another look and the gate was open with a shiny white BMW in the driveway area. These people are definitely high sot but I still think its odd that they would allow us to arrange the lease considering they are landlords to many properties. She also said just 1 months deposit is satisfactory. I think that she has a good impression of myself and the wife due to our occupations. 

 

Does anyone know a website to download lease contracts in Thai language in Word docs not pdf

 

thanks for your opinions on all this....

 

[Kwasaki]

Don't seem weird about letting you do the running around they should do it's because they probably can't be bothered but it doesn't mean they will agree to your terms.

I would agree to No.1 and 2 but not 3.

You can go to the local area Government office and get info on rent and least agreements.

Renting is not unregulated if the agreement or lease is drawn up with a lawyer.

Anything can legally binding if it's legal  maybe witnesses will be in order too.

 

[trogers]

All written contracts are enforceable if they are legal. The only question is whether they are worth enforcing...

[blackcab]

Any valid contract is enforceable, however you have your Western head on. To enforce a contract in Thailand takes years, lots of money and there is no certainty at any point of the process.

 

What you actually want are two key things. 1. Somebody sensible you can do business with, and 2. A low deposit. It sounds like you have both. 

 

By all means add all three clauses. To avoid problems at a later date you should also include a clause which states who will be liable for Par See Rong Ruan if any is payable. Normally this would be the landlord in a domestic lease but the tenant in a commercial lease - but not always. 

 

I think as you want to run a business and want to change the use (or part of the use) of the building from domestic to commercial you should be liable for at least the portion arising through commercial activities.