AirBnB legality & handling

[pepi2005]

Hi everyone,

 

I would like to rent out my Bangkok apartment while I'm not in Thailand.

 

My question is short and simple: is it illegal in Thailand to rent through AirBnB in general - or just on short-term basis?

I've read many reports and articles about this and admit it's been a bit confusing.

Minimum rent would be for 3 months as I've had bad experiences with short-term tenants in my home country for many times and I guess it wouldn't be better in Thailand

 

Also I wonder how you guys handle AirBnb rentals while you're abroad (moving in/out process, deposits, contracts).

 

thanks for feedback,

p.

Edited March 22, 2017 by pepi2005

[bangkoklawyer24]

To AirBnB your condo is simply legal in Thailand and fully in compliance with laws and regulations. No need for any minimum rent term.

 

If you read many reports and articles about it you should not expect to get better info on 

Edited March 22, 2017 by bangkoklawyer24

[wpcoe]

1 hour ago, bangkoklawyer24 said:

To AirBnB your condo is simply legal in Thailand and fully in compliance with laws and regulations. No need for any minimum rent term.

 

If you read many reports and articles about it you should not expect to get better info on 

Interesting.  I thought some hotel act/law required a hotel license for rentals under 30-days.  Another myth busted?

[Peterw42]

There are many threads and newspaper articles that say It is against the hotel act and illegal to rent under 30 days, unless you are a hotel. Lots of crackdowns in phuket with people doing short term rentals (under 30 days) and getting fined because they dont have a hotel license.

Edited March 22, 2017 by Peterw42

[trogers]

4 hours ago, bangkoklawyer24 said:

To AirBnB your condo is simply legal in Thailand and fully in compliance with laws and regulations. No need for any minimum rent term.

 

If you read many reports and articles about it you should not expect to get better info on 

If it is legal to rent them by the day, why not by the hour? Would increase your income multifold...

[KittenKong]

11 hours ago, wpcoe said:

Interesting.  I thought some hotel act/law required a hotel license for rentals under 30-days.  Another myth busted?

 

No, short-term rentals of less than one month are definitely illegal unless you have a hotel licence or (for smaller businesses) have at least registered the fact that that you are doing so.

 

So daily AirBNB-style lets are illegal. One day this will probably be policed. And of course the running of any sort of daily rental business in a condo building may be contrary to the internal building regulations, which exist to ensure the peaceful enjoyment by co-owners of their property. Short term rentals are definitely detrimental to this (noise, excessive wear and tear on infrastructure etc.).

[SOUTHERNSTAR]

14 hours ago, bangkoklawyer24 said:

To AirBnB your condo is simply legal in Thailand and fully in compliance with laws and regulations. No need for any minimum rent term.

 

If you read many reports and articles about it you should not expect to get better info on 

I think you are wrong. A person renting out for a short term must be registered as a hotel. Please provide us with a specific case or regulation that justify your comment.

[williamgeorgeallen]

my sister does her house in australia on air BnB when she is away on holiday. it is great as often the rent heavily subsidizes her holiday. thats australia where hotels cost a lot. in thailand you wont get much as hotels are cheap. also you will need someone who will be a local contact for various reasons and to check the property between being rented. my sister pays a neighbor to take care of this. not sure if it would be viable paying someone to take care of everything with a small rental income. good luck, would be interesting to see how you get on. just as a note i had 2 guest houses for a few years in pattaya. it was a pain in a ass and not worth the hassle. i was lucky to get my money back when i sold them. accommodation like most businesses is just not wort the hassle in a cheap country.

[0U812]

16 hours ago, bangkoklawyer24 said:

To AirBnB your condo is simply legal in Thailand and fully in compliance with laws and regulations. No need for any minimum rent term.

 

If you read many reports and articles about it you should not expect to get better info on 

Wrong info. You can be arrested if less than 30 days. 

[0U812]

AIR BNB is a brilliant second form of rental. I just rented my condo out for 6 months at way better than normal rent and a fraction of the commission 

[trogers]

42 minutes ago, 0U812 said:

AIR BNB is a brilliant second form of rental. I just rented my condo out for 6 months at way better than normal rent and a fraction of the commission 

Question is, how many months of void period in between tenants...?

[bangkoklawyer24]

All the arguments can be found here

[mercman24]

well there are signs up on every main door in my condo detailing it is illegal to rent out for short periods, it stresses , "this is a residential condo complex" anyone renting for short periods is breaking the law, and will be reported and heavily fined. we have finger recognition for entry, someone was doing it until recently, the number of "guests" arriving with suitcases on my floor, all were of oriental persuasion. i think the person concerned was going to reception and saying the fingerprint recognition was not working so getting a special pass 

[pepi2005]

Thanks for the feedbacks.

 

However, may I stress again that in my post, I was talking about *long-term* rentals. I'm aware that daily rentals as in fact everything shorter than 30 days are a problem.

 

What I was also asking about but no one replied to about : how do you guys handle the procedures like deposit payments, checking in & out (including checking for damage), giving out the keys etc.?

[trogers]

1 minute ago, pepi2005 said:

Thanks for the feedbacks.

 

However, may I stress again that in my post, I was talking about *long-term* rentals. I'm aware that daily rentals as in fact everything shorter than 30 days are a problem.

 

What I was also asking about but no one replied to about : how do you guys handle the procedures like deposit payments, checking in & out (including checking for damage), giving out the keys etc.?

DO NOT use the term 'checking in & out'. 

 

The owner or his agent undertakes the tasks of contract signing, taking and releasing the security deposit, and handing over or receiving the keys and cards to the condo unit.

[SiSePuede419]

Airbnb: Turn your house, condo, apartment or even back yard into a Hotel without having to pay hotel Lodgers tax.

 

Nothing can go wrong with that business model, right? ?

[newnative]

On ‎22‎/‎3‎/‎2560 at 6:41 PM, bangkoklawyer24 said:

To AirBnB your condo is simply legal in Thailand and fully in compliance with laws and regulations. No need for any minimum rent term.

 

If you read many reports and articles about it you should not expect to get better info on 

This is incorrect information regarding the minimum rent term.  It is illegal to rent a condo for less than a month--it is in violation of the Thai Hotel Act.  In addition, you would be violating the law by working without a valid work permit--you can't get a work permit for an illegal activity.  Plus, you would likely also be violating your condo's by-laws--most have by-laws prohibiting short-term rentals.  Many large condos are now posting notices explaining the Thai Hotel Act and informing their residents that rentals of less than a month are illegal.  But, the OP plans to rent for 3 months so he should be ok.

[Peterw42]

17 hours ago, bangkoklawyer24 said:

All the arguments can be found here

That article lists 3-4 reasons that its illegal, then some ambiguous arguments aimed at creating confusion and justifying a lawyer.

[SOUTHERNSTAR]

17 hours ago, bangkoklawyer24 said:

All the arguments can be found here

Again you provide arguments but don't supply any quotes of the law nor state specific court cases as proof of your statement. At best you are seeking to get free advertisement.

[Dipterocarp]

On 3/24/2017 at 11:13 AM, Peterw42 said:

That article lists 3-4 reasons that its illegal, then some ambiguous arguments aimed at creating confusion and justifying a lawyer.

All great until somebody tells Imm/ Police and they say it is Illegal. The smart lawyer will be needed plus a full envelope your get AirBnB landlord released 

from the cells.  Chiang Mai cracking down on actual hotels (no license) and reporting to Immigration when foreigners stay. Large fines levied

[newnative]

10 minutes ago, Dipterocarp said:

All great until somebody tells Imm/ Police and they say it is Illegal. The smart lawyer will be needed plus a full envelope your get AirBnB landlord released 

from the cells.  Chiang Mai cracking down on actual hotels (no license) and reporting to Immigration when foreigners stay. Large fines levied

The Immigration Police will say it's illegal because it IS illegal.

[pepi2005]

7 hours ago, newnative said:

The Immigration Police will say it's illegal because it IS illegal.

yeah, but because they are hotels without a license, or because tourists are staying less than 30 days!

Stays of 30+ days should cause no problems.

 

The question that remains for long-term guests are just : who will report the guest to Land Office, who checks the guest in and out, who checks the furniture for damages when moving out etc.etc.?

Edited March 29, 2017 by pepi2005

[JAZZDOG]

On ‎22‎/‎3‎/‎2017 at 8:30 PM, wpcoe said:

Interesting.  I thought some hotel act/law required a hotel license for rentals under 30-days.  Another myth busted?

Only for over 4 units / 20 people do you need a license

[ThaiBob]

On 3/22/2017 at 6:41 PM, bangkoklawyer24 said:

To AirBnB your condo is simply legal in Thailand and fully in compliance with laws and regulations. No need for any minimum rent term.

 

If you read many reports and articles about it you should not expect to get better info on 

"People who rent out their rooms via Airbnb on a daily or weekly basis are acting illegally, according to a recent court ruling handed down to the Wan Vayla Condo in Hua Hin district of Prachuap Khiri Khan... " as per recent news reports.  Your link reads like it is written by an airbnb lawyer.  
 

[JAZZDOG]

7 minutes ago, ThaiBob said:

"People who rent out their rooms via Airbnb on a daily or weekly basis are acting illegally, according to a recent court ruling handed down to the Wan Vayla Condo in Hua Hin district of Prachuap Khiri Khan... " as per recent news reports.  Your link reads like it is written by an airbnb lawyer.  
 

Wrong, PEOPLE who rent out their condos for less than 30 days whose bylaws state a required 30+ day rental period are doing so against the law. Airbnb is not. If that was the case Thaivisa advertises daily/weekly condo rentals on the very pages you post comments, no different, TV must be acting illegally??  It is the owner who agreed to the bylaws and certified with Airbnb that their condo was a legal rental. The owner is the one in noncompliance not the advertiser. What part of that is so difficult to understand?

[newnative]

2 hours ago, ThaiBob said:

"People who rent out their rooms via Airbnb on a daily or weekly basis are acting illegally, according to a recent court ruling handed down to the Wan Vayla Condo in Hua Hin district of Prachuap Khiri Khan... " as per recent news reports.  Your link reads like it is written by an airbnb lawyer.  
 

And, the rentals were illegal before the court order.  Using another service or renting the room yourself did not magically make them legal.  Illegal then,  still illegal now.

[bangkoklawyer24]

17 hours ago, newnative said:

And, the rentals were illegal before the court order.  Using another service or renting the room yourself did not magically make them legal.  Illegal then,  still illegal now.

So how could the Hua Hin district court qualify a single condominium unit with neither more than 4 rooms nor 20 guests as a hotel? Probably by arguing that the count has to include even long-term rents of different condo unit owners in the same CJP. However, to be stringent, this would mean that all the counted rentals (short-term and long-term) would qualify as an illegal hotel and all have to be fined.

Edited May 23, 2018 by bangkoklawyer24

[JAZZDOG]

27 minutes ago, bangkoklawyer24 said:

So how could the Hua Hin district court (Wan Vayla Condo case and others) qualify a single condominium unit with neither more than 4 rooms nor 20 guests  as a hotel? Probably by arguing that the count has to include even long-term rents of different condo unit owners in the same CJP. However, to be stringent, this would mean that all the counted rentals (short term and long-term) would qualify as an illegal hotel and all have to be fined.

Bingo

[ThaiBob]

2 hours ago, bangkoklawyer24 said:

So how could the Hua Hin district court qualify a single condominium unit with neither more than 4 rooms nor 20 guests as a hotel? Probably by arguing that the count has to include even long-term rents of different condo unit owners in the same CJP. However, to be stringent, this would mean that all the counted rentals (short-term and long-term) would qualify as an illegal hotel and all have to be fined.

I suggest you read the entire article to answer your own questions.  

Your interpretations of Thai  law sound like they were written by Airbnb themselves.  Please state your legal credentials and by that I mean you have the legal right to practise law and not just some quasi-lawyer who is a managing partner with Thai lawyers in the background, otherwise, your opinion is just like any other here.  Airbnb is meeting with Thai officials and who knows what the outcome will be.

[newnative]

7 hours ago, bangkoklawyer24 said:

So how could the Hua Hin district court qualify a single condominium unit with neither more than 4 rooms nor 20 guests as a hotel? Probably by arguing that the count has to include even long-term rents of different condo unit owners in the same CJP. However, to be stringent, this would mean that all the counted rentals (short-term and long-term) would qualify as an illegal hotel and all have to be fined.

   You're trying to make this complicated and it's not. Condos cannot be legally rented for less than 30 days. That's all there is to it.  Period.  Full stop.  Everything else--4 rooms, guesthouse rule, 20 guests, etc., is just blowing smoke.