Overview

Thailand designates residential leasing by business operators as a “contract-controlled business.” That means specific lease terms are mandatory (Thai-language contract, clear utility calculations, deposit/advance caps, invoice notice) and certain clauses are prohibited. The original framework was updated in 2025. These controls sit under the Consumer Protection Act and are enforced by the Contract Committee (under the OCPB or in Thai สคบ) .

Timeline (Official)

• 2019 (B.E. 2562) — Royal Gazette publishes the Contract Committee notification re-stating residential leasing as a contract-controlled business, replacing the 2018 version. Effective 90 days after publication.
• 2025 (B.E. 2568) — New Contract Committee notification (No. 3) published in the Royal Gazette (Special Issue, June 6, 2025), refining coverage and duties (e.g., deposit return timing, utility charging at cost, notice formatting for termination).
• OCPB communications 2025, OCPB confirms ongoing updates and consumer-protection focus in residential leasing.

Who Is Covered?

These rules apply to business operators—landlords who lease out three or more residential units for profit, whether located in a single building or across multiple properties. Such landlords are regarded as engaging in a “residential building leasing business” under the Contract Committee notifications. Private individuals who rent out only one or two units on a non-commercial basis are generally not covered and remain subject to the Civil and Commercial Code. When preparing a lease, always verify whether the landlord qualifies as a business operator under the current definition to determine whether the consumer-protection rules apply.

What the Rules Require (Core Obligations)

• Thai-language contract with legible font, provided in duplicate; the tenant receives a signed copy at signing.
• Mandatory contents: parties and contact details; unit address; condition/inventory; term (start/end dates); rent and payment schedule; utility/service-charge calculation; deposit and advance rent amounts.
• Invoices & transparency: rent/utilities/service charges must be invoiced in writing at least 3 days before the due date; tenants have the right to inspect calculations.
• Money caps: total of deposit + advance rent is capped as prescribed in the notification (for covered operators).
• Deposit return: return within a short period after move-out and repossession (deductions must be lawful and receipted). The 2025 update reiterates and clarifies prompt return.
• Utilities at cost: electricity/water must be charged at the official provider/government rates (no mark-ups); any service-fee add-ons must be reasonable and cost-based with a stated calculation method.

Clauses Prohibited by the Notifications

• Automatic renewals or unilateral rent increases during a fixed term.
• Forfeiture of deposit or advance rent without tenant fault.
• Charging tenants for normal wear-and-tear.
• Entry without prior notice (except in emergencies), or self-help seizure of possessions without lawful termination.
• Utility rates above the official provider rates.

Tenant Early Termination Right

For covered business operators, tenants have a right to early termination if conditions in the notification are met (e.g., minimum occupancy time and written notice). Always ensure your template reflects the current wording in the Notification then in force.

Practical Notes for Expat Tenants & Landlords

• Use a bilingual (Thai/English) form, but remember Thai controls for the mandatory items where required.
• Keep annexes: inventory/condition photos; payment schedule; utility meter info and rate references; contact details for notice.
• If the landlord is not a covered business operator, the Civil and Commercial Code generally governs, but many of the above standards are now common practice.

Official Sources

1. Royal Gazette (2019): Contract Committee Notification (B.E. 2562): Residential leasing designated a contract-controlled business (PDF)
2. Royal Gazette (June 6, 2025): Contract Committee Notification (No. 3), B.E. 2568 (Special Issue) (PDF mirror)
   Mirror landing page: banphet-mu.go.th/index/load_data/?doc=15988
3. OCPB, Contract Committee notifications (category list; includes 2562 item)
4. OCPB news/PR (Jan 28, 2025): Public consultation on revising the 2562 residential-lease notification

Preamble

By virtue of Section 35 bis of the Consumer Protection Act B.E. 2522 (1979), as amended, together with Sections 3, 4, and 5 of the Royal Decree prescribing criteria and procedures for defining contract-controlled businesses and contract forms, the Contract Committee hereby issues the following Notification.

Clause 1. Repeal

The Notification of the Contract Committee Re: Designating the Residential Building Leasing Business as a Contract-Controlled Business B.E. 2562 (2019) is hereby repealed.

Clause 2. Designation

The business of leasing buildings for residential purposes is designated as a contract-controlled business.

Clause 3. Definitions & Scope

• Residential property leasing business means a business in which a business operator leases (or sub-leases) a building to a natural-person lessee for residential use in consideration of rent, where the operator offers three (3) or more residential units for lease, whether in one building or across multiple buildings.
• Building includes rooms, houses, condominium units, apartments, or other residential premises arranged for rent as a dwelling; it excludes dormitories and hotels governed by specific laws.
• Business operator means a person engaging in the above business and collecting rent.
• Lessee includes a sub-lessee who is a natural person.
• Security deposit means money held as security for performance of the lease, damages, or similar purposes.
• Electronic contracts: lease contracts concluded via electronic means or online platforms are within scope and must comply with this Notification and applicable e-transactions law.

Clause 4. Required Contract Terms (Minimum Contents)

A lease agreement between a business operator and a lessee shall be in Thai language, clearly legible (minimum 2 mm type height and not more than 11 characters per inch), made in duplicate, and shall include at least:

1. Names and contact details of both parties (or authorized representatives).
2. Description of the premises and fixtures/furnishings; a condition/inventory record attached to the lease.
3. Lease term (start and end dates), rental rate, payment method and schedule.
4. Basis for calculation of utilities and service charges, and the payment schedule for each; utilities must reflect theofficial supplier tariff (no mark-ups).
5. Amounts of security deposit and any advance rent.
6. Invoices: written invoices for rent, utilities, and service charges must be delivered to the lessee at least three (3) days before the due date; the lessee has the right to inspect the underlying calculations and cost data.
7. Move-in inspection: the parties shall jointly inspect the premises and sign a condition report (photos may be attached); one signed copy is given to each party.
8. Deposit return: the security deposit shall be returned immediately at lease end; if inspection is required: (a) within 7 days where no damage is found; or (b) within 14 days after deducting verified repair costs, with details of deductions and evidence provided.
9. Repairs: the lessor is responsible for repairs save for minor items attributable to normal wear and tear or damage due to force majeure.
10. Early termination (lessee): for fixed-term leases, the lessee may terminate after occupying the premises for at least 50% of the contract term by giving 30 days’ written notice and settling due charges to the effective date.
11. Lessor termination procedure: the lessor must give prior written notice of at least 30 days for material breaches; in urgent cases affecting others, at least 7 days. Immediate termination is permitted only for violations of public order or morality as prescribed by law.

Any required term omitted from the written lease shall be deemed incorporated by law. Any term inconsistent with this Notification is void to the extent of inconsistency.

Clause 5. Prohibited Contract Terms

A lease contract shall not contain clauses that:

1. Unreasonably exempt or limit the lessor’s liability for breach or tort.
2. Allow collection of advance rent and security deposit exceeding the prescribed caps (generally not more than three (3) months’ rent for short-term or monthly-paid long-term leases; or not more than one (1) year’s rent for long-term leases paid annually).
3. Permit unilateral changes to rent, utility rates, or service charges during the term.
4. Permit forfeiture of the deposit or advance rent without lessee fault.
5. Allow inspection of the premises without prior notice, except in emergencies.
6. Set utility charges above the official supplier/government tariff.
7. Authorize lock-outs, blocking access, or seizure/removal of the lessee’s property without lawful termination or due process.
8. Impose renewal fees or automatic renewal without the lessee’s consent.
9. Allow termination by the lessor without a material breach by the lessee.
10. Make the lessee liable for normal wear and tear, ordinary deterioration through use, or damage not caused by the lessee or due to force majeure.

Any prohibited clause is void and unenforceable.

Clause 6. Contract Copies

Two identical signed copies of the lease must be executed; one copy shall be provided to the lessee upon signing.

Clause 7. Transitional Provisions

Lease contracts entered into before the effective date remain subject to the rules then applicable. Leases executed on or after 4 September 2025 must comply with this Notification.