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Do I have to make a sub-lease agreement?

I own a property under a leasehold and have been told that I must notify the registered Thai owner of any sublet? Is this the case under Thai law? And do I make a sublease agreement or must this be done between the registered Thai owner and my subtenant? Thanks

Category: Lease and rent in Thailand

sub-let

Asked 11 years ago

Mary

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Your lease agreement must allow sublet, otherwise you are in breach of your contract and your lease could be terminated. If you lease agreement allows you to subrent the property you can deal yourself with the tenant. You do not have to obtain permission or approval of the registered owner for sublet. You do not have to make an tenancy agreement in writing. Verbal will do, as long as you have an agreement allowing sublet with the registered owner in writing.
The lease with the owner remains fully binding upon you, you have to execute a new (sub)rental agreement with the tenant. Section 544 civil and commercial code: 'Unless otherwise provided by the contract of hire, a hirer cannot sublet or transfer his rights in the whole or part of the property hired to a third person'.

Answered 11 years ago

Consultant

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Do I have to make a sub-lease agreement?

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