The landlord will not return the deposit. What can you do?
Three steps, in order: a written demand with a stated deadline, a complaint to the consumer protection authorities, and a consumer case in court, where the consumer is exempt from all court fees at the point of filing.
That last point is the one almost nobody knows, and it is why a great many tenants write the deposit off, assuming a lawyer would cost more than the money at stake.
Whose money is the deposit?
It is the tenant's. The landlord holds it as security against damage. It is not the landlord's income and it is not advance rent.
The most common misunderstanding is treating the deposit as a penalty the landlord may keep if the tenant displeases them. In fact the landlord may deduct only damage that actually occurred and that goes beyond ordinary use, and must give the tenant an itemised account of what was deducted. The rest has to come back.
Ordinary wear, such as paint faded with age, chair marks on a floor or nail holes from hanging pictures, is not deductible damage as a general principle. A broken window, a hole in a wall or missing fittings are a different matter.
The rules on how many days and what may be deducted, for landlords who fall within the contract-controlled business regime, are covered in the 2568 rental contract control law, which requires return within 7 business days of the lease ending and the property being handed back.
Step one: demand it in writing, not by phone
Ten phone calls are worth nothing in court, because nobody can prove what was said. What counts is a written demand sent by a method that proves delivery.
The letter should state:
- The date the lease ended and the date the property was actually handed back
- The deposit amount, referring to the payment evidence
- A request to return it by a specific calendar date
- If the landlord claims deductions, a request for an itemised account in writing with supporting evidence
- A statement that legal steps will follow if payment is not received by that date
Send it by registered post with return receipt and keep the receipt. Sending a copy by chat or email as well is fine, as a supplement rather than as the main channel.
This step resolves a great many cases on its own, because a properly formed letter tells the landlord that the other side knows the procedure and has started following it.
Step two: complain to the consumer protection bodies
If the deadline in the letter passes in silence, there are two main routes.
- The Office of the Consumer Protection Board, via the 1166 hotline or the OCPB Connect app.
- The Thailand Consumers Council, which takes complaints and can litigate on a consumer's behalf.
This step pays off twice. First, many disputes end here because the landlord settles once an authority makes contact. Second, if the matter does reach court, having complained first shows you tried to resolve it in good faith, which helps your position.
Step three: file a consumer case, and the part people miss
A dispute between a tenant and a landlord operating as a business falls within the consumer case regime, governed by the Consumer Case Procedure Act B.E. 2551. That procedure was designed so that ordinary people can bring a claim themselves.
Section 18 of that Act provides:
The filing of a claim and any procedural steps in a consumer case conducted by a consumer, or by a person empowered to bring the case on a consumer's behalf, shall be exempt from all fees and costs, but this does not extend to liability for fees and costs in the final instance.
In plain terms, you do not pay a filing fee to bring the claim. A deposit of 20,000 baht can therefore be pursued without putting money down first.
But read the second half of the section too. Not extending to liability for fees and costs in the final instance means that if the case concludes and you lose, the court can still order you to bear costs. The exemption applies at filing. It is not a guarantee that the exercise is free whatever the outcome.
The other feature that helps is that a consumer case may be filed orally, with a court case officer recording the claim for you. You do not have to draft the pleading yourself or hire a lawyer simply in order to file.
File at the court with jurisdiction, which is generally the court for the area where the property sits or where the defendant is domiciled. Call the local court before going, to confirm what to bring.
The evidence that decides whether you get it back
Deposit cases are almost always decided on evidence rather than on law, because the law is clear enough. The question is who can prove what condition the property was in.
- Photographs from move-in day. Every room, every corner, dated. This matters most and is the thing most often skipped.
- Photographs from move-out day. The same set from the same angles, so they compare directly.
- The lease, fully signed, with any annexes.
- Proof the deposit was paid, a transfer slip or a receipt.
- A handover record, ideally made jointly with the landlord and signed by both.
- The contact history, chats, emails and the postal return receipt.
What loses the case before it starts
Three things recur, and all of them happen before the dispute exists.
- No move-in photographs, which leaves no way to argue a mark was already there.
- Moving out with no joint inspection and leaving the keys behind, which leaves no fixed date for when the property returned to the landlord's hands.
- Running the whole tenancy on verbal agreement, so there is nothing in writing at the moment it is needed.
If you are about to take a new place, start here. The ten minutes spent photographing on move-in day is worth more than anything you can do after the fact.
On who is responsible for repairs during a tenancy, which is behind a great many deposit disputes, see who pays when a rented home breaks. And if you are looking for somewhere new, our properties available to rent are listed with their locations.
Frequently asked questions
Is there a court fee to sue for a deposit?
Not at filing. Section 18 of the Consumer Case Procedure Act B.E. 2551 exempts consumers from all fees and costs, but not from liability for fees and costs in the final instance, which means a losing party can still be ordered to bear them.
Do I need a lawyer?
Not to file. A consumer case can be brought orally, with a court case officer recording the claim. Consider a lawyer only if the case is complex or the amount at stake is large.
Where can I complain?
The Office of the Consumer Protection Board via the 1166 hotline or the OCPB Connect app, and the Thailand Consumers Council, which takes complaints and can litigate on a consumer's behalf.
Can the landlord deduct cleaning from the deposit?
Yes if the lease provides for it and the cost was actually incurred. No if it is simply routine cleaning after a tenant leaves and the lease says nothing about it. In every case the landlord must give a written breakdown of the deductions.
Can chair marks and faded paint be deducted?
As a general principle no, because those are deterioration from ordinary use rather than damage. A broken window, a hole in a wall or missing equipment are deductible damage.
I have no move-in photographs. Can I still fight it?
Yes, but it is much harder, because proving the condition before you moved in becomes your burden. Gather everything else you can: the handover record, the chat history, and anyone who saw the property when you moved in.
How long do I have to bring a claim?
Where no specific limitation period is provided, the general ten year period under Section 193/30 of the Civil and Commercial Code applies. Do not wait, though. Evidence and witnesses degrade, and a landlord may move and become hard to trace.
Can I send the demand by LINE?
Use it as a supplement rather than the main channel, because proving receipt is harder. Registered post with return receipt gives a signed record of the date it arrived.
Key takeaways
- The deposit belongs to the tenant. A landlord may deduct only real damage beyond ordinary use, and must itemise the deductions.
- Step one is a written demand sent by registered post with return receipt, not a phone call, because a call proves nothing.
- Complaints go to the Office of the Consumer Protection Board on 1166 or through OCPB Connect, and to the Thailand Consumers Council.
- Consumer cases are exempt from all fees and costs at filing, under Section 18 of the Consumer Case Procedure Act B.E. 2551.
- That exemption does not extend to liability for costs in the final instance, so losing can still carry a costs order.
- A consumer case can be filed orally with a court case officer recording it, so no lawyer is needed simply to file.
- These cases turn on evidence. Move-in photographs are the most valuable item and the one most often missing.