Right of habitation in Thailand
A right of habitation is similar to hire of property, except no rent is paid.
The right of habitation is a real right of a natural person to dwell in the house of another. A right of habitation may be created for a specific period of time or for the lifetime of the grantee. In case the rights are granted for a specific time period, the law states that such a period may not exceed 30 years; if a longer period is fixed, it shall be enforceable for only 30 years. The right of habitation may be renewed for a period not exceeding 30 years from the time of renewal.
The right of habitation is not transferable by way of inheritance and the person granted a right of habitation can't transfer the exercise of his rights. A right of habitation cannot be encumbered, sold, transferred, donated or transferred at death. The right of habitation is a personal servitude.
Below the relevant section of the Civil and Commercial Code.
TITLE V
HABITATION (arsai)
Section 1402. A person who has been granted a right of habitation (arsai) in a building is entitled to occupy such building as a dwelling place without paying rent.
Section 1403. A right of habitation may be created either for a period of time or for the life of the grantee.
If no time has been fixed, such right may be terminated at any time by giving reasonable notice to the grantee.
If it is granted for a period of time, the period may not exceed thirty years; if a longer period is stipulated, it shall be reduced to thirty years. The grant may be renewed for a period not exceeding thirty years from the time of renewal.
Section 1404. The right of habitation is not transferable even by way of inheritance.
Section 1405. Unless the right of habitation is expressly limited to be for the benefit of the grantee personally, the members of his family and his household may dwell with him.
Section 1406. Unless expressly forbidden by the grantor, the grantee may take such natural fruits or products of the land as are necessary for the needs of his household.
Section 1407. The grantor is not bound to maintain the property in a good state of repair.
The grantee cannot claim reimbursement of expenses made by him for improvements to the property.
Section 1408. When the right of habitation comes to an end the grantee must return the property to the grantor.
Section 1409. The provisions of this Code concerning Duties and Liabilities of the Hirer, as specified in Sections 552, 555, 558, 562 and 563 shall apply mutatis mutandis.
