Condo Lease Agreement in Thailand: What It Should Cover and What to Check Before Signing

Check that the person letting the unit has the right to

Before transferring a booking fee or deposit, the tenant should ask to see a copy of the unit's title deed together with the landlord's ID card. The owner named on the deed should match the landlord named in the lease, and the unit number should match the unit actually viewed.

If the person signing is not the owner, such as a relative, an agent or a rental management company, ask for a power of attorney from the owner that clearly authorises signing the lease and receiving money, along with a copy of the owner's ID card. Paying someone with no authority is very hard to undo once it has happened.

The owner, in turn, should ask for a copy of the tenant's ID card or passport and how many people will actually live in the unit, and record both in the lease.

What a condo lease should state

A condo lease should cover all of the following.

1. The project name, building, floor, unit number and floor area, plus the parking space and the number of keys or key cards handed over
2. Names, addresses and ID numbers of the landlord and the tenant
3. The lease term with its start and end dates
4. Monthly rent, the due date and how it is paid
5. The security deposit, any advance rent, and the terms for deductions and refund
6. Who pays the common fee, water, electricity and internet, and how each is calculated
7. An inventory of furniture and appliances with their condition on handover
8. Each side's repair and maintenance duties
9. Pets, smoking, and compliance with the building's rules
10. Early termination, and renewal at the end of the term

Whatever is left unwritten tends to be what the two sides remember differently on move-out day.

Common fees, water and electricity: who pays

The common fee is billed by the condominium juristic person to the unit owner, so the owner usually pays it and builds it into the rent. If the tenant is to pay it instead, state the amount and the billing cycle in the lease, because the juristic person will still look to the owner for any arrears.

Electricity in a condo is usually metered per unit, so the tenant pays for actual use. Water is often billed through the juristic person at the building's rate. The lease should say whether each is charged at actual use or at an agreed rate per unit, and who makes the payment.

An owner who rents out 3 or more residential units as a business is subject to additional contract-control rules, for example on the deposit, advance rent and the water and electricity rates that may be charged. Owners with several units should check those rules before setting their terms.

Deposit, furniture and recording the unit's condition

A rented condo usually comes with furniture and appliances, so deposit disputes tend to turn on which item was damaged and when. The way to prevent them is to attach an inventory to the lease, note the condition of each item, and photograph the whole unit on handover day, with both sides keeping the same set of photos.

The lease should separate normal wear and tear, such as faded paint or age marks on the floor, from damage the tenant must answer for, such as broken or missing items. Deductions from the deposit should be limited to actual damage and unpaid rent or charges, and the lease should fix the number of days for returning the deposit after move-out.

Agree on repairs in advance, for example routine air-conditioner cleaning, light bulbs and taps. As a rule, major repairs that keep the unit fit for normal use fall to the owner, while upkeep and minor repairs from everyday use fall to the tenant.

Building rules the tenant needs to know

The tenant has no direct contract with the condominium juristic person but must still follow the building's regulations like any other resident, for example on pets, moving hours, use of parking and common areas, and alterations to the unit. The owner should give the tenant the building rules to read before signing, and the lease should include the tenant's agreement to follow them.

Some matters always need checking with the juristic person even when the owner agrees, pets being the usual example. If the lease allows them but the building's regulations do not, the tenant still cannot keep one.

Many buildings ask the owner to register the tenant with the juristic person so access cards can be issued. Agree who handles this and who pays any fee.

Steps from before signing to move-out

The recommended order for one condo tenancy is as follows.

1. Check the owner's documents, and the power of attorney if an agent is involved.
2. Agree the rent, deposit, term and other costs in full before the lease is drafted.
3. Read the building rules and check the points that matter to you, such as pets or parking.
4. Put the lease in writing, have both parties sign, and keep a copy each.
5. Inspect the unit together on handover day, complete the inventory, take photos and note the water and electricity meter readings.
6. Keep proof of every rent and deposit payment.
7. Before the term ends, agree whether to renew or hand the unit back, and inspect it together again on the return day.

A lease for more than three years must be in writing and registered at the land office, otherwise it is enforceable for three years only. That is why most condo leases run year by year and are renewed at the end of each term.

Making a condo lease on Kontrax

Kontrax's residential lease template works for condos. Choose condominium as the property type, then fill in the unit's address, the rent and its due date, the deposit, how water and electricity are charged, pets, smoking, and a condition record with the furniture list. The template already includes the tenant's agreement to follow the rules of the building or its juristic person.

Both parties can e-sign without meeting, confirming each signature with an SMS one-time code. After signing, the system sends a reminder before the lease ends, and renewals, amendments and termination are handled in the same place.

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