Thailand Maintenance Obligations: Landlord and Tenant Responsibilities

Property maintenance responsibilities in Thailand are governed by the Civil and Commercial Code (Book III effective 1929) and the Consumer Protection Act via the 'Notification of the Committee on Contract regarding the Business of Leasing Residential Property as a Contract-Controlled Business' (B.E. 2562 and B.E. 2568). These regulations establish clear duties for both landlords and tenants.

Landlord Responsibilities

Under the Civil and Commercial Code (Sections 546–551) and the 2019/2025 Notifications, landlords must:

Property Delivery

• Deliver the property in a good state of repair suitable for its intended purpose (Section 546)
• Ensure the property is fit for habitation

Major Repairs

Exceptions and Reimbursements

• Necessary Expenses: Landlords must reimburse tenants for necessary and reasonable expenses incurred for the preservation of the property (Section 547).
• Tenant Fault: Landlords are not required to repair damage caused by the tenant's fault or the fault of persons living with them (Section 562).
• Minor Maintenance: Landlords are not responsible for ordinary maintenance and petty repairs (Section 553).

Tenant Responsibilities

Tenants are responsible for:

• Ordinary maintenance — cleaning and general upkeep (Section 553)
• Petty repairs — replacing light bulbs, fixing minor leaks (Section 553)
• Tenant-caused damage — liability for damage caused by their own fault or household members, excluding normal wear and tear (Section 562)
• Notification — informing the landlord without delay if the property requires repairs that are the landlord's duty (Section 563)

Tenant Remedies When Property Is Defective

If the landlord fails to make necessary repairs, tenants may:

1. Notify the landlord: If a defect can be remedied, the tenant must first notify the landlord (Section 551).
2. Terminate the lease: If the defect is not fixed within a reasonable time and is serious enough to render the property unusable, the tenant may terminate the contract (Section 551).
3. Claim damages: If the landlord's failure to repair causes loss or if the property was delivered in a defective state.

Right of Entry for Inspections and Repairs

• Urgent Repairs: Tenants must allow the landlord to enter the property for urgent repairs (Section 556).
• Prior Notice: For landlords leasing 3 or more units (Business Operators), lease terms allowing entry without prior notice are prohibited under Clause 4(1) of the B.E. 2562/2568 Notifications.
• Notice Format: Statutory law mandates prior notice but does not strictly require it to be in writing or provide a fixed 24-hour window; these details are typically governed by the specific lease agreement.

Consumer Protection for Residential Leases (B.E. 2568 Update)

Residential leases managed by "Business Operators" (landlords leasing 3 or more units) are subject to strict contract-controlled regulations:

• Force Majeure: Landlords are prohibited from charging for damage not caused by the tenant (e.g., natural disasters).
• Security Deposits: Landlords must return deposits within 7–14 days depending on the results of the property inspection.

Best Practices for Landlords

1. Define maintenance responsibilities clearly in the lease — Specify who is responsible for what in accordance with CCC Section 553.
2. Respond quickly to repair requests — Preserves property value and ensures compliance with Section 550.
3. Create a preventive maintenance schedule — Regular inspections of major systems.
4. Document all repairs — Keep receipts and before/after photographs.
5. Maintain a list of reliable contractors — For fast turnaround on repairs.

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