What are Tenants’ Rights After an Earthquake?

The severe earthquake in Thailand on the 28th of March 2025 tragically led to the deaths of dozens of workers after the collapse of the State Audit Office building, but thankfully, this was the worst of it. However, homeowners and tenants across Thailand and especially in Bangkok have reported damage to their apartments, condos, and houses, leaving many to question the safety of their domiciles.

Unfortunately, here at Siam Legal, we’ve heard reports from many tenants seeking extensive repairs or a termination of their lease agreement on the grounds of safety, who have been met with refusals by their landlords. Our property lawyers have observed significant uncertainty about tenants’ rights and options following earthquake damage, so we’ve put together this guide.

If your apartment or condo was damaged in the 2025 Thailand earthquake, this article explains your rights and available options in the event of a dispute with your landlord. 

Landlord Disputes Over Damage to Apartments, Condos, and Rental Homes Caused by the 2025 Thai Earthquake

Based on our research and reports from our clients, there are  four main issues and points of contention relating to earthquake damage between landlords and tenants:

• Damage Repairs
• Rent Adjustments
• Security Deposits
• Lease Termination

Let’s go through each one and examine what the law says and what your possible courses of action could be if you find yourself in one of these disputes.

Repairs for Earthquake Damage

If your apartment or condo was damaged in the earthquake, you obviously don’t want to be living with that if you don’t have to. Unfortunately, damage caused by a natural disaster does not automatically become the responsibility of the owner (landlord). This damage does not fall under the normal “wear and tear” that landlords are typically responsible for.

However, there is good news. If the damage to your domicile leaves it uninhabitable, then the owner must arrange for the damage to be repaired in a timely manner. Under the Thai Civil and Commercial Code, the owner of a leased property must maintain it in a suitable condition for the intended purpose. So, if you can prove that the apartment or condo is no longer habitable due to the earthquake damage, the landlord must fix it.

The keyword here is “if.” To prove your leased property is uninhabitable, you will need to carefully examine your rental agreement to see what the terms say about possible damages. Then you will likely need a professional inspection to prove that the damage exceeds the terms of the rental agreement and cannot be considered “livable.” 

If you can prove this and your landlord does not restore the property to a habitable condition in a reasonable time, you are within your legal rights to terminate the contract and request a refund of the security deposit. You can also make a claim for damages arising from the unit being uninhabitable, which typically happens if you were forced to rent alternative accommodation due to your home being uninhabitable. Should the landlord fail to honor these claims, you can initiate a civil suit in Thailand for breach of contract.

Rent Adjustment Due to Damaged Property

If the damage is severe but not life-threatening, you may instead negotiate for a reduction in rent or payment deferrals. This must be handled among you, your property lawyer, and the landlord, but it could be an easy resolution to your issue that does not involve the courts or you having to move out.

There is no law that will compel the landlord to lower your rent. However, rent renegotiation is an option you can take to avoid the hassle of a civil suit, and your landlord can avoid losing a tenant without a full remodel. Just be sure to have your lawyer review the new lease agreement so you know what you are getting into.

Withholding of Your Security Deposit

A landlord CANNOT withhold your security deposit to pay for earthquake damages. Landlords are obligated to return your security deposit promptly at the end of your lease term, unless there is evidence that you, the tenant, caused the damage. Under Thai law, tenants are generally not held liable for damages resulting from natural disasters.

If your landlord tries to keep your deposit to fix your domicile’s earthquake damage when you leave, you can initiate a civil suit and sue to get it back. Going through the courts for a security deposit is more trouble than it’s worth for both you and your landlord, so it’s best to have your lawyer send a demand letter threatening legal action before actually filing the lawsuit. They can then engage in mediation and negotiate on your behalf to recover your deposit more quickly and efficiently.

Terminating Your Lease

If your rented property becomes uninhabitable due to earthquake damage, you have the right to terminate the lease and request a refund of your security deposit. However, as mentioned earlier, you will need professional inspection reports to back up this claim. Without them, your chances of victory if your landlord sues you will be low.

Terminating your lease should be a last resort, though, as you should give your landlord an opportunity to repair the damage and bring your condo, apartment, or house back up to an acceptable living condition. If you don’t, you may have a hard time if the landlord sues for breach of contract. However, if they do not remedy the issue within a “reasonable period,” you will be within your rights to exit the lease agreement without penalty.

What constitutes a “reasonable period” and whether or not your domicile is “uninhabitable” will depend on your circumstances. So, before deciding to terminate your lease agreement, consult with a litigation lawyer in Thailand to determine if your argument will hold up in court should the landlord choose to dispute your claim.

Prioritize Your Safety, Resolve Your Earthquake Damage Dispute!

If you are involved in a dispute regarding earthquake damage to the property you rent, or just want to find out what your options are, partner with Siam Legal. Our full-service law firm has over 20 years of experience helping foreigners in Thailand resolve legal disputes, and we employ both a litigation team and a property law team.

Our expert and bilingual lawyers can assist you with any legal issues regarding earthquake damage. Whether you are looking for legal guidance, renegotiating your lease agreement, or taking your landlord to court, we have the skills and experience to ensure the best possible outcome for you. Contact Siam Legal today to protect your tenant rights and ensure the safety of your home.

Category: Civil and Commercial Law, Litigation