How to Resolve Property Disputes in Bangkok: Legal Guide

Whether you’ve purchased or are currently renting a property in Bangkok, you may find yourself dealing with a property dispute in Thailand. Thai property regulations differ from those of other countries, which can often result in conflict if misunderstandings are involved, especially if you are a foreigner due to cultural differences. As such, disputes can be costly if not dealt with correctly. When dealing with a property dispute, it is important to know how to reach a favorable outcome.

Continue reading to learn about the different common property disputes in Thailand and how to overcome them. 

Common Property Disputes in Bangkok

In Thailand, property laws can be restrictive towards foreigners, particularly regarding ownership. Due to the complex nature of these regulations, the limited rights they have, and the language barrier, foreigners may find themselves in a property dispute. In severe cases, the authorities might even be involved and lawsuits are common. 

These are the most frequent property disputes that occur in Bangkok:

Tenant-Landlord Disputes

As foreign nationals are forbidden from owning land or purchasing certain property types, most often they must rent from Thai-citizen landlords, so tenant-landlord disputes are very common. These sorts of disagreements occur with both short-term and long-term rentals, as both are popular in Thailand. Examples of specific kinds of tenant-landlord disputes include:

• A breach in the property contract. 
• Title conflicts or disagreements.
• Failure to provide the right accommodation, furniture, or utilities as promised in the contract.
• Discriminatory treatment from the landlord.
• Unfair increases in the cost of utility bills (such as electricity, water, and Wi-Fi) that the tenant is responsible for paying.
• An unfair eviction with no appropriate cause.
• A tenant squatting on the property even after being issued an eviction notice.
• Unauthorized subletting without the landlord’s permission.* 

*NOTE: It’s important to understand that renting out or subleasing real estate property daily is in direct violation of Thai law. It counts as operating a hotel business and is therefore subject to penalties under the Hotel Act B.E. 2547 (2004). 

Role of Property Lawyers in Resolving Conflicts

Trying to resolve a property dispute alone may lead to mistakes that can worsen the situation, especially if you do not speak Thai and have little knowledge of Thai property law, as all court proceedings are done in Thai.

Before taking any legal action in a property dispute or engaging in negotiations, seek external support from a qualified Thai property lawyer to ensure a swift and smooth resolution. Property lawyers provide a variety of valuable services that can deliver a favorable outcome to your dispute, or prevent one from happening in the first place.

Conflict assessment: An experienced property lawyer will evaluate the conflict closely and recommend the best solution, which often involves avoiding a court battle through mediation and negotiation. If conflict cannot be avoided, they will assist in gathering evidence to support your claim and make it easier to reach the outcome you desire. 

Litigation: If the dispute case has to be settled in court, property lawyers will take charge of the litigation procedure, allowing for a smooth experience. The lawyer will file the lawsuit and present all evidence to the Thai court, arguing on your behalf and increasing the odds of a favorable outcome for your case. 

Negotiations: Certain property disputes may lead to the Thai court and other relevant entities intervening in the conflict. Property lawyers will negotiate on your behalf with the relevant authorities to facilitate the dispute resolution process.

Mediation: The property lawyer can act as a third-party mediator in the conflict to facilitate a mutual agreement, helping you and the opposing party find common ground. Mediation can be performed before the case has been taken to court or while a decision is still being made. 

Arbitration: Arbitration is a type of alternative dispute resolution that can resolve your case quicker than usual and cut down on costs. The property lawyer can assist in the arbitration process to avoid the need for a court case.

Legal Procedures in Property Disputes

Some property disputes cannot be resolved easily and may need to be taken up in court. Property dispute litigation typically involves the following legal processes:

1. If the dispute is left unresolved, you can file a lawsuit against the opposing party. 
2. Evidence will be gathered before the lawsuit is taken to a court case. This includes proof of contract breaches, witness statements, and more. 
3. If you have hired a lawyer, they can help find an alternative way to solve the dispute and avoid a court case, such as through mediation. If successful, this can result in a compromise regarding the conflict and prevent the court trial from starting. 
4. If no argument can be reached or the alternative dispute resolution is unsuccessful, a pre-trial hearing will be launched where the case and all evidence collected will be thoroughly assessed.
5. Both sides will be given an opportunity to argue their case to the judge, who has the final say in the verdict.
6. The judge responsible for overseeing the dispute case will determine the final verdict based on all the evidence provided. If unhappy with the result, either the plaintiff or defendant can appeal, but success is not guaranteed.

Going through these legal procedures is usually difficult and frustrating for foreigners especially, which makes hiring a qualified Thai property lawyer all the more important. 

Contact Siam Legal for Professional Assistance

If you’re involved in a property dispute and wish for a swift and favorable resolution, contact Siam Legal for professional assistance. We are a full-service law firm with over 20 years of experience in helping foreigners with their legal and property issues in Thailand, so you can rest assured that we know what you are going through and how to achieve success. 

Our team of qualified property lawyers has the skills and experience to analyze the situation you’re in and determine the best course of action to resolve it swiftly. We understand that property disputes can be stressful and time-consuming, so our goal is to save you time and money by working to resolve the conflict outside of court if possible. If litigation is the only option you have, we will fight to protect your rights and ensure the best possible outcome for your case. 

Contact Siam Legal today for the best possible resolution to your property dispute and protect your rights and assets.

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