The law protects 5 things that lessors cannot do.
Last updated: 3 Aug 2025
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When renting a residence, whether it's a house, townhouse, condo, or even an apartment, tenants should know their rights as tenants to protect themselves from being taken advantage of by landlords, especially those rights that tenants still have even if they no longer pay rent.
Furthermore, new regulations regarding rental agreements are currently in effect, directly affecting both landlords and tenants. Therefore, landlords should carefully study the details before drafting the contract.
At the same time, landlords should be aware of certain actions they are not entitled to take, as doing so could not only violate the rights of the tenant but also expose them to legal action. Here are 5 Things Tenants Are Not Entitled to Do Even If They Don't Pay Rent
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1. Entering a Building, House, Condo, or Apartment
Landlords often believe that owning the property gives them greater rights over the property than the tenant. Therefore, they can enter the property, whether it's land, house, condo, apartment, or commercial building, without prior permission from the tenant.
This is especially true when the tenant fails to pay rent due to default or arrears. Some landlords believe that the tenant no longer has any right to the property. In reality, the tenant has no right to enter the property. The tenant retains possession during the lease period, even if the rent has been defaulted.
If the landlord enters the property occupied by the tenant without the tenant's consent, this constitutes trespassing and disturbing the tenant's possession. This is a criminal offense under Section 362, punishable by imprisonment not exceeding one year, a fine not exceeding 2,000 baht, or both. This also constitutes a civil violation under Section 420.
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2. Blocking and locking the tenant's property
In this case, even though the landlord does not enter the property occupied by the tenant, he or she uses various methods, such as locking it, using a person to obstruct it, etc., preventing the tenant from entering the rented room, house, land, or commercial building. The landlord has no right to do this, even if the tenant is in default on rent payments.
If the tenant does this, he or she will be guilty of the same offenses as the previous issue: criminal trespassing and tort. This interferes with the tenant's right to occupy the property, except where specified in the lease agreement, which gives the landlord the right to do so.
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3. Cutting off water and electricity to evict a tenant
If a landlord intends to use this method to evict a tenant, they should think again. This action is considered a violation of the tenant's rights and interferes with the tenant's right to occupy and utilize the leased property, which can be a civil offense.
Unless the lease allows the landlord to do so, the landlord may only cut off water and electricity if the landlord has given notice of termination and given the tenant a sufficient period to move out, has filed a lawsuit for eviction, or the lease has expired on time.
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4. Immediately Evicting the Tenant
Some landlords believe that if a tenant fails to pay rent, is behind on rent, or is in default, they can terminate the lease and require the tenant to vacate the property immediately. This is possible for daily rentals, but not for monthly rentals. Civil law requires the landlord to give the tenant at least 15 days' notice and allow the tenant to move to another location.
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5. Claiming Rent from Security Deposits and Tenant's Property
The landlord can deduct the security deposit from the rent owed, but has no right to demand further payment from the tenant, as the security deposit is not intended to secure the rent, but rather to cover any damages the tenant may incur to the property.
Regarding tenant property located in the property, the landlord has no right to remove or sell it, which would be considered trespassing under the criminal law. However, in some cases, the landlord can detain the property until rent is paid, if this right is specifically provided in the lease agreement.
___________________________________________
Thank you for the great information from DD Property.
Furthermore, new regulations regarding rental agreements are currently in effect, directly affecting both landlords and tenants. Therefore, landlords should carefully study the details before drafting the contract.
At the same time, landlords should be aware of certain actions they are not entitled to take, as doing so could not only violate the rights of the tenant but also expose them to legal action. Here are 5 Things Tenants Are Not Entitled to Do Even If They Don't Pay Rent
___________________________________________
1. Entering a Building, House, Condo, or Apartment
Landlords often believe that owning the property gives them greater rights over the property than the tenant. Therefore, they can enter the property, whether it's land, house, condo, apartment, or commercial building, without prior permission from the tenant.
This is especially true when the tenant fails to pay rent due to default or arrears. Some landlords believe that the tenant no longer has any right to the property. In reality, the tenant has no right to enter the property. The tenant retains possession during the lease period, even if the rent has been defaulted.
If the landlord enters the property occupied by the tenant without the tenant's consent, this constitutes trespassing and disturbing the tenant's possession. This is a criminal offense under Section 362, punishable by imprisonment not exceeding one year, a fine not exceeding 2,000 baht, or both. This also constitutes a civil violation under Section 420.
___________________________________________
2. Blocking and locking the tenant's property
In this case, even though the landlord does not enter the property occupied by the tenant, he or she uses various methods, such as locking it, using a person to obstruct it, etc., preventing the tenant from entering the rented room, house, land, or commercial building. The landlord has no right to do this, even if the tenant is in default on rent payments.
If the tenant does this, he or she will be guilty of the same offenses as the previous issue: criminal trespassing and tort. This interferes with the tenant's right to occupy the property, except where specified in the lease agreement, which gives the landlord the right to do so.
___________________________________________
3. Cutting off water and electricity to evict a tenant
If a landlord intends to use this method to evict a tenant, they should think again. This action is considered a violation of the tenant's rights and interferes with the tenant's right to occupy and utilize the leased property, which can be a civil offense.
Unless the lease allows the landlord to do so, the landlord may only cut off water and electricity if the landlord has given notice of termination and given the tenant a sufficient period to move out, has filed a lawsuit for eviction, or the lease has expired on time.
___________________________________________
4. Immediately Evicting the Tenant
Some landlords believe that if a tenant fails to pay rent, is behind on rent, or is in default, they can terminate the lease and require the tenant to vacate the property immediately. This is possible for daily rentals, but not for monthly rentals. Civil law requires the landlord to give the tenant at least 15 days' notice and allow the tenant to move to another location.
___________________________________________
5. Claiming Rent from Security Deposits and Tenant's Property
The landlord can deduct the security deposit from the rent owed, but has no right to demand further payment from the tenant, as the security deposit is not intended to secure the rent, but rather to cover any damages the tenant may incur to the property.
Regarding tenant property located in the property, the landlord has no right to remove or sell it, which would be considered trespassing under the criminal law. However, in some cases, the landlord can detain the property until rent is paid, if this right is specifically provided in the lease agreement.
___________________________________________
Thank you for the great information from DD Property.
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