On March 28th, 2025, a massive earthquake damaged property across Thailand, particularly in the capital of Bangkok. While most of the damage to houses, condos, and apartment buildings is cosmetic, the safety of many buildings has been called into question, and many residents no longer feel comfortable in their domiciles.
As a tenant, you need to know what rights you have and what actions you can take to ensure your safety. With tenant rights still unclear to many, understanding your legal options can help you make informed decisions if your home is no longer safe or your landlord refuses to cooperate.
Continue reading to find out what you have the right to do as a tenant if your home were damaged by the earthquake in 2025.
Your Rights as a Tenant Living in a Building Damaged by the Earthquake in Thailand
If your rental home, apartment, or condo in Thailand has earthquake damage, it’s essential to understand the necessary steps to keep yourself and any family members with you safe. As a tenant, you have specific rights you can exercise to stabilize your living conditions and prevent further losses.
You Have the Right to Live in “Suitable” Conditions
Living in a damaged home poses a threat to your health and livelihood, and as a tenant of a rental property, you have the legal right to suitable living conditions. If you notice any damage to your property from the earthquake, you can request repairs to restore it to a livable state. You can facilitate this process by:
- Reviewing the lease agreement for your property and find out what the terms say about any sudden damage made to the accommodation.
- Gathering evidence (such as photos) showing that the damages have made the property unlivable.
- Arranging for a thorough inspection of the property to determine whether the damages have made it unsuitable for you to stay in.
If the damage has made your property uninhabitable, report it to your landlord and ask them to arrange repairs. If you have sufficient evidence and your landlord has not fixed them in a timely manner, you have the right to end your contract or lease, request that your security deposit be returned, or demand a refund.
You Have the Right to Terminate a Lease in Thailand if Certain Conditions Are Fulfilled
If the earthquake has made it too unsafe to reside at your accommodation, you can negotiate with your landlord to terminate your contract early and get your security deposit back. Before you can go down this route, you need to hire someone to conduct a professional inspection of the property as evidence that it’s uninhabitable.
This should only be taken as a last resort after giving your landlord reasonable time to fix the damage and exhausting all your other options. If you provide an appropriate period for them to remedy the situation and they fail, you can exit the contract prematurely without any penalties.
However, if you terminate your lease early without strong proof of the damages or fail to give notice, your landlord may sue you for “breach of contract.” Before terminating your lease you should consult with a lawyer first. They will review the lease agreement to determine your options, assess the strength of your evidence, and advise you on the risks of a civil suit against you by the landlord.
Your Security Deposit Can Only Be Used For Damage Caused By You
Under Thai law, landlords cannot withhold your security deposit and must return it by the end of your lease contract. Your landlord can keep this money to pay for damages that you caused, but your security deposit CANNOT be used to pay for damage caused by earthquakes or other natural disasters.
If you break your lease agreement due to unresolved earthquake damage, you are still entitled to your security deposit. If the landlord refuses or takes some of the deposit to pay for earthquake damage, you can take legal action with a civil suit.
Steps to Take if Your Landlord Fails to Comply
If your landlord or homeowner refuses to do anything about keeping your accommodation’s earthquake damage, there are steps you can take to exercise your rights and protect your assets. But, as Thai property law is hard to navigate and there are significant language barriers involved, it’s essential that you seek professional assistance from a qualified and bilingual property lawyer beforehand.
Negotiate Lower Rent Because of the Thai Earthquake
If your accommodation has been affected by the Thai earthquake but your landlord is unwilling or unable to address the damage, consider requesting that your rent be reduced or payments be deferred. This is a common approach if the damage to the property is significant but not enough to be considered life-threatening. Your landlord isn’t required by law to reduce your rent, but if the alternative is you legally terminating your lease agreement, they may negotiate with you.
Negotiating with your landlord to lower or pause your rental payments allows you to resolve the issue without needing to file a civil suit. However, you need to hire a property lawyer to facilitate the process and update your rental contract to ensure the new terms are legally enforceable.
Suing Your Landlord in Thailand
If your landlord won’t let you opt out of your rental agreement early or decides to withhold your security deposit, you have the option of suing them. By filing a civil suit, you can negate the penalty for breaking your contract, compel your landlord to return your deposit, or exact payment for any damage to your finances or health caused by the landlord’s actions.
Civil cases involve complex procedures and can be stressful without an experienced lawyer. You will need to defend yourself in court, gather substantial evidence to prove that your landlord is non-compliant, and prepare to fight back if your landlord decides to counter your claim.
If you want to avoid having to go through a court case, your lawyer can send a demand letter to your landlord before filing the lawsuit. This acts as an ultimatum that lets your landlord know that you will threaten legal action should they fail to comply. Your lawyer can use this to negotiate with the landlord on your behalf and resolve the issue without it needing to go through court.
Where to Find Legal Support if Your Home is Damaged by Thailand’s Earthquake
If your home has been damaged by the earthquake and you need support on what to do next, contact Siam Legal for professional assistance. With 20 years of experience in helping foreigners with their legal needs, our lawyers have the skills and knowledge to help you explore your available options and protect your rights as a tenant.
Our Thai property lawyers will review your lease, help you prepare evidence of the damages to your home, and negotiate with your landlord on your behalf to either request repairs or lower rental payments. We also have a team of qualified Thai litigation lawyers to help you take legal action or issue a demand letter if your lawyer is uncooperative. If the situation gets taken to court or your landlord decides to sue you, we’ll fight for your rights in court to ensure the most favorable outcome to your case.
Contact Siam Legal for a consultation, and you’ll have a clear path on how to ensure your home is safe and your rights are respected.
