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Evicting a tenant in Thailand is slower and more formal than most foreign landlords expect, and the shortcuts that feel obvious abroad are criminal offences here. Changing the locks, cutting the power or moving a tenant’s belongings onto the street will not get your unit back. It will get you a police report against you, and it will hand a defaulting tenant a counterclaim.
The law that governs the relationship is the hire-of-property chapter of the Civil and Commercial Code, Sections 537 to 571, supplemented for larger landlords by consumer-protection rules. What follows is the lawful route, in the order a Thai court expects to see it.
Table of Contents
Evicting a Tenant in Thailand Starts With the Contract
Before anything else, read the lease. A Thai court will apply what the parties agreed, provided the clause is not void for unfairness, so the contract decides how much notice you owe, whether rent is payable monthly or in advance, and what counts as a breach.
Two features matter most. First, whether the lease is for a fixed term or runs indefinitely, because the notice rules differ. Second, whether it is registered at the Land Office: a lease of more than three years is enforceable only for three years unless registered, under Section 538. Our pages on leasehold in Thailand and the automatic renewal of a lease explain how that plays out over longer terms.
If you are not sure what your own agreement actually says, the free Thai lease red-flag scanner will point out the clauses that usually cause trouble.
Ending the Lease: Sections 560 and 566
You cannot evict a tenant whose lease is still running. The lease has to be brought to an end first, and the Code gives two main routes.
Section 560 deals with unpaid rent. Where rent is payable monthly or at longer intervals, the landlord must give notice to pay allowing not less than fifteen days. Only if the tenant still fails to pay may the landlord terminate. Where rent is payable at shorter intervals, or the tenant has already defaulted twice, termination can be immediate.
Section 566 deals with leases of no fixed duration. Either side may end the lease by giving notice at or before one rent-paying period, effective at the next period, but no more than two months’ notice is required.
| Situation | Provision | Notice required |
|---|---|---|
| Rent unpaid, monthly tenancy | CCC s.560 | At least 15 days to pay, then terminate |
| Rent unpaid, weekly or shorter | CCC s.560 | Termination without the 15-day notice |
| No fixed term, no breach | CCC s.566 | One rent period, maximum two months |
| Fixed term expired | CCC s.564 | Ends automatically, no notice needed |
| Other breach (sub-letting, damage) | CCC s.554, s.560 | Notice to remedy, then terminate |
Serve the notice in writing, in Thai, to the address in the lease, and keep proof of delivery. Registered post with acknowledgement of receipt, or delivery by a lawyer, is what a judge will want to see.
Why Self-Help Eviction Is a Criminal Offence
Once a tenant is in possession, only a court and the enforcement officer can put them out. A landlord who forces the issue personally is exposed on several fronts at once.
- Trespass: entering the premises against the tenant’s will is an offence under Section 362 of the Penal Code.
- Coercion: compelling someone to leave by threats or force falls under Section 309.
- Theft or damage: removing or disposing of the tenant’s belongings can be charged under Sections 334 or 358.
- Civil liability: cutting water or electricity is a breach of the landlord’s duty to keep the property fit for use, and the tenant can claim damages.
For a foreign landlord the practical consequence is worse than the fine. A criminal complaint creates an immigration record, and it converts a straightforward rent claim into a dispute where you are the defendant.
The Court Route: Suing for Possession and Arrears
If the tenant stays after a valid termination, the landlord sues in the civil court with jurisdiction over the property for eviction plus unpaid rent, damages for continued occupation and costs. Both claims go in the same case; there is no reason to split them.
- Terminate the lease properly and keep the proof of service.
- Send a final demand letter setting a deadline to vacate and to pay arrears.
- File the claim. Court fees are calculated on the amount claimed, subject to the usual caps.
- Attend mediation, which the court will normally attempt first and which settles a large share of these cases.
- Obtain judgment, then a writ of execution, and let the Legal Execution Department carry out the eviction.
Collecting the money is a separate exercise from recovering the unit, and it has its own limits on what may be seized. The general principles are the same as in any money claim, which we cover in breach of contract in Thailand.
Controlled Contract Rules for Landlords With Five or More Units
Since 2018 the residential rental business has been a controlled-contract business under the Consumer Protection Act. The notification of the Contract Committee applies to a landlord who rents out five or more residential units, whether in one building or spread across several, and it overrides contrary clauses in the lease.
The main effects are that the deposit is capped at one month’s rent and the advance rent at one month, the deposit must be returned within seven days of the end of the tenancy, the tenant may terminate with thirty days’ notice, electricity and water may not be charged above the utility’s own rate, and the landlord may not seize the tenant’s property or shut off utilities to force payment. The notification is administered by the Office of the Consumer Protection Board.
Foreign owners who let out several condominium units frequently cross the five-unit line without realising it, and then rely on a lease that the notification has already rewritten. Before relying on a termination clause, check whether you are a controlled business. Our property guide for foreigners in Thailand covers the ownership side of the same question.
Practical Timeline and Costs
An uncontested case in which the tenant leaves after the demand letter can be over in a month. A contested one usually runs considerably longer.
| Stage | Typical duration |
|---|---|
| Notice to pay under s.560 | 15 days minimum |
| Demand letter and response | 1 to 2 weeks |
| Filing to first hearing | 1 to 3 months |
| Judgment in a contested case | 4 to 10 months from filing |
| Writ of execution and physical eviction | 1 to 3 months after judgment |
These ranges vary by court and by how hard the tenant fights. In most disputes the decisive factor is not the law but whether the landlord’s paperwork (lease, receipts, notice, proof of service) is in order on day one.
Frequently Asked Questions
Can I change the locks if my tenant stops paying?
No. Locking out a tenant in possession can amount to trespass under Section 362 of the Penal Code and coercion under Section 309, and it exposes you to a damages claim. Only the enforcement officer, acting on a court judgment, may remove a tenant.
How much notice must I give for unpaid rent?
Where rent is payable monthly or at longer intervals, Section 560 of the Civil and Commercial Code requires notice to pay of at least fifteen days before you may terminate the lease.
Can I keep the deposit to cover arrears?
Normally yes, if the lease allows it, but a landlord renting five or more residential units is a controlled-contract business and must return the deposit within seven days of the tenancy ending, less only properly evidenced deductions.
How long does an eviction take in Thailand?
A tenant who leaves after a demand letter can be out within a month. A contested case generally takes four to ten months to judgment, plus one to three months for the writ of execution and the physical eviction.
Does a foreign landlord have the same rights as a Thai one?
Yes. Nationality does not affect the right to let a lawfully owned property or to sue for possession. What a foreigner may own is restricted, but the landlord-and-tenant rules themselves are the same.
This article was written and reviewed by Sebastien H. Brousseau, LL.B., B.Sc., who has been based in Thailand since 2004 and has run ThaiLawOnline since 2006. If you need a termination notice drafted, a lease reviewed before you sign, or an eviction claim filed, contact ThaiLawOnline and our Thai-licensed team will handle it.
This article is general information about Thai law and is not legal advice. Rental disputes turn on the wording of the lease and on local court practice. Please consult a qualified Thai lawyer about your own situation.
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