I am renting a house in Thailand, am I allowed to sub-let it?

Reader’s E-mail:

I have rented small house in Koh Samui for 1 year. 9 months is up and I want to move to into my girlfriend’s flat on another part of the Island. If I don’t pay the rent I lose my deposit. My friend wants to let the house for the remaining three months. Is the Landlord likely to mind, and what are my rights if they do?

Reply from Thailand Info

Unfortunately, Thai people tend to object strongly to sub-letting and it is actually against the Law in most circumstances.

Thai Law Only Allows a Tenant to Sub-Let If The Lease Permits It

Section 544 of Thailand’s Civil and Commercial Code prohibits sub-letting unless there is a clause in the rental contract which specifically allows it.

My Friend Tried To Sub-Let

I have a friend on one of the neighbouring Islands to Koh Samui who sub-let a bungalow from the tenant under similar circumstances. Soon after moving in he got woken up early in the morning by the Police who made him leave straight away. The owner had made a complaint.

Difficult Situation

You are in a difficult situation. Your landlord will know that the Law is on their side in this matter and they have little incentive to reach an agreement with you as they know can pocket your deposit and re-let the house early. It is likely that your neighbours will tell your Landlord if you try to sub-let.

Move On

This is probably something you will have to simply put down to experience and move on.

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