A lease with nothing in writing cannot be enforced
Section 538 of the Civil and Commercial Code provides that a lease of immovable property with no written evidence signed by the party liable cannot be enforced by action.
That is why rental paperwork is not ceremony. An agreement made by conversation or chat alone, however completely both sides understood each other, has no enforceable standing the moment one of them changes their mind.
This article splits the documents into two sets, where most people think of only one: what the tenant brings to the owner, and what the tenant must ask to see from the owner. The second set matters more and is skipped far more often.
What the tenant needs to provide
| Thai tenant | Foreign tenant |
|---|---|
| National ID card | Passport, photo page and visa page |
| Copy of house registration | TM.6 card or entry record |
| Recent payslips or an employment letter | Work permit or evidence of income source |
| Recent bank statements | Bank statements or an employer's letter |
| Emergency contact details | Emergency contacts in Thailand and abroad |
Owners ask for different amounts. Some want only an ID; some want everything. The move is to keep the full set as files on your phone, because good units in competitive locations go to whoever can send documents the same day.
One caution: never send an unmarked copy of an ID. Write across it what it is for and who it is for, add the date, and strike through the blank space.
What the tenant must ask to see
This is the more important half, and the half most people are too polite to ask for.
- The title deed or condominium ownership certificate, to confirm who actually owns it.
- The lessor's ID card, with a name matching the ownership document.
- A power of attorney, if the person signing is not the owner named on the title.
- The condominium juristic person's regulations, for a condo, so you know the rules on pets, access hours and common facilities.
- The electricity and water rates actually charged, so you can compare them to the utilities' own tariffs.
The way to ask without souring the mood is to ask as routine, not as suspicion. A line that works: may I see the ownership document so the names on the lease match? A genuine owner produces it without hesitating.
If the other party refuses to show the ownership document at all, that is your answer.
When the person signing is not the owner
This is common and not necessarily irregular. The owner may live abroad, may have asked a relative to handle it, or may use a management company.
What to check is that the power of attorney says explicitly that the holder may enter into a lease and receive money, together with certified copies of the ID cards of both the grantor and the holder.
For a sublease, where your lessor is themselves a tenant, check additionally whether the head lease permits subletting. An unauthorised sublease leaves the subtenant at risk of being removed from the property without having done anything wrong.
The rule that holds in every case: holding deposits, security deposits and rent should go to an account in the titleholder's name, or a company account that can issue a receipt, never to an intermediary's personal account.
What the lease itself must contain
The 2025 Contract Committee Announcement requires contracts to be clear, unambiguous and complete, in legible Thai. In practice that means at least these ten items.
- Names and ID numbers of both parties, matching the documents you checked.
- The property address, specific down to the unit number.
- The term, with start and end dates.
- Monthly rent, the due date, and the payment channel.
- Security deposit and advance rent, stated as separate amounts.
- The conditions and deadline for returning the deposit.
- Electricity and water rates as figures.
- Repair responsibilities, split out by who handles what.
- Early termination terms for both parties.
- Renewal terms and how the rent may be adjusted.
Deposit plus advance rent must not exceed three months of the rent, where the landlord lets three or more units. See the 2025 rental contract control announcement.
For how repair responsibility is divided under the Code, see who pays for repairs in a rented home.
What you must receive back after signing
- An original of the lease signed by the lessor, not merely a photograph of it.
- Receipts for the deposit and advance rent, stating clearly which sum is which.
- Condition photographs signed by both parties and attached to the lease.
- The TM30 receipt, for a foreign tenant, which the house master must file within 24 hours. See what TM30 is.
Receipts that separate the sums look like a small thing and are not. A great many move-out disputes begin with the question of whether the money handed over that day was advance rent or deposit.
What to record on handover day
- Photograph every room from every angle, including anything already marked or damaged.
- Take close-ups of existing damage: floor scuffs, wall stains, doors that will not close flush.
- Photograph the water and electricity meter readings the same day.
- Test every tap, every switch and every air conditioner, and record the results.
- Count and photograph the furniture and appliances handed over with the unit.
- Send the whole set to the owner the same day, so there is a timestamp on delivery.
The whole exercise takes about twenty minutes, and it is what decides whether the deposit comes back in full a year from now.
What to keep until move-out day
Keep it all in one folder, ordered by date.
- The lease and every annex.
- Every rent receipt, or the transfer records.
- Every utility bill.
- Every repair notification, with before and after photographs.
- The handover-day condition set.
- Every TM30 receipt, for a foreign tenant.
Before moving out, retake the same photographs from the same angles, compare them against the first set, and read the meters together. What gets a deposit back is not arguing well. It is having two sets of photographs taken from the same position.
Frequently asked questions
What documents do I need to rent a home in Thailand
A Thai tenant needs a national ID card, a copy of the house registration, proof of income such as payslips or an employment letter, and bank statements. A foreign tenant needs a passport with the visa page, the TM.6 card, and a work permit or evidence of income source.
What should I ask to see from the landlord
The title deed or condominium ownership certificate, the lessor's ID matching that document, a power of attorney if the signer is not the owner, the juristic person's regulations for a condo, and the electricity and water rates actually charged.
Is a chat agreement enough
Not for enforcement. Section 538 provides that a lease of immovable property with no written evidence signed by the party liable cannot be enforced by action.
What if the person signing is not the owner
Ask for a power of attorney stating explicitly that the holder may enter into a lease and receive money, with certified ID copies of both grantor and holder, and transfer money only to the titleholder's account or a company account that issues receipts.
What extra checks does a sublease need
Check whether the head lease permits subletting. An unauthorised sublease leaves the subtenant at risk of removal from the property even though they have breached nothing themselves.
What should I receive after signing
An original lease signed by the lessor, receipts separating the deposit from the advance rent, condition photographs signed by both parties and attached to the lease, and the TM30 receipt if you are a foreign tenant.
What should I photograph on handover day
Every room from every angle, close-ups of existing damage, the water and electricity meter readings, and the furniture and appliances included. Send the set to the owner the same day so delivery is timestamped.
In short
Rental paperwork comes in two sets: what you bring, and what you ask to see. The second is the one that stops you paying money to somebody with no right to let the place.
Section 538 makes this non-optional. A lease of immovable property with nothing signed cannot be enforced at all, however well the conversation went.
If you remember one thing: do not transfer money before you have seen an ownership document whose name matches the person about to sign your lease.
Browse houses and condominiums for rent, read on about who pays the rental agent, and owners wanting the paperwork right from the start can see our rental management service.