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Home » Reader question » Reader question: Renting out a condo to tourists, what are the rules?
Dear readers,
Renting out my apartments through airbnb. How, what, where? What licenses do I need and what taxes do I have to pay if I rent out my 2 apartments through airbnb. Can I do this as a foreigner?
I want to do everything 100% legally, which authorities should I contact? Who can give me correct advice?
Thanks in advance.
Greetings,
Sara
Strictly speaking, you are only allowed to rent out less than 1 month to tourists if your condo building has a hotel license, from 1 month rental there is no problem... this is the only thing I know, but which you may encounter depending on your condo management problem. could have …
Strictly speaking (again ..) you should call in an agent, this because of. work permit, renting is allowed, but you can actually only receive your money, not do the rental work .... well TIT
Actually, farang agents are not allowed to do that either, the Real estate agent status (is only protected for Thais)….. those farang “agents” bypass that by assuming the title of consultant, which is an allowed profession for non Thais….
PS: call in a Thai agent is the best advice …
You are legally allowed to rent out your condo to others, as long as you don't do it as a business. Renting out multiple condos is seen as a “real estate” agency and that is reserved for Thais.
When renting out your condo, it is important to know whether the condominium building allows this. Often this is not the case and only owners are allowed to occupy the condos. Not incomprehensible with regard to safety, correct use of the facilities, etc. This is something that you will have to ask the association of owners.
Rentals up to a maximum of 30 days fall under the hotel law. In that case, the building must have a hotel permit.
Finally, as the owner you have the duty to report foreign tenants to immigration.
Hi Sara,
First of all, it is important to know where you are domiciled: in the Netherlands you must declare your earnings as income on your tax return (and therefore also the value of the condos in your assets box 3), in Thailand then your age is also important. importance in connection with exemptions. Furthermore, the mentioned (I think 21) 29 days period, in connection with the 30 day visa. Furthermore, what was already discussed above. And you must indeed register the guests at immigration with a tm30+ attachment form. Officially this must be done by the owner who gives permission for the guest(s) to stay in your condo. If a guest wants to stay longer and sometimes needs a visa extension, a rental contract must also be drawn up.
You must also make it very clear whether the rented property is rented out with or without extra costs. Often referred to as ++ being water and electricity use. And don't forget to require a deposit as a guarantee. Also discuss cleaning costs and laundry afterwards or charge an amount for this. Knowing more?: [email protected]
See this background information http://www.linkedin.com/pulse/legal-aspects-renting-out-condominium-unit-airbnb-thailand-moser
I have been very much into this matter lately. Assuming the condo complex does not have a hotel license, the tenant(s) in question MUST stay in the apartment for at least 30 days. Strictly speaking, this means that you also have to apply for a visa, because with a visa exemption you only have 30 days, including the day of arrival and day of departure. What often happens at the moment is that people rent in writing for a month (30 days), but leave a little earlier, but as a landlord you do not have to admit a next tenant within those 30 days. We have arranged it this way in our condo complex. It was so abused that the legal person and building manager have the right to place an extra lock if visitors claim to stay for 30 days, and sometimes leave after 3 days; The lock will then remain in place for 27 days and the owner will in principle not be able to enter it. unfortunately this was the only option because some agents do not follow the formal rules.
Furthermore, as a tenant you have the obligation, if you use a condo, to register with immigration (the entire group) within 24 hours (does not apply to hotels, which keep their own registration). Quite a few fines have already been handed out by Jomtien immigration for late or non-reporting, for example when applying for an extension of stay. In principle, a local tax of 12,5% of the rental price to be determined is also possible (the so-called House and Land Tax, HLT). Until now there has been little control over the coherence of the rules, but as soon as everything starts to run via a database (within a year???) enforcement will become easier. Also be careful that you as a landlord are not seen as working, with two condos you need a work permit. As also said by others in this forum, do it through an agent. Airbnb and websites like that are actually unsuitable for condos.