Renting Out Your Thai Condo: Leases, TM30, Rental Tax and the Airbnb Question

The Landlord Compliance Map

A condo legally owned by a foreigner can be freely rented out, and the rent is taxable Thai income. The compliance essentials cluster in four areas: the lease and deposit, the TM30 report when your tenant is foreign, income tax on the rent, and the Hotel Act line on short stays. For the ownership side, see our guide to buying property in Thailand — this article is about the renting-out side. Always verify against current regulations and Revenue Department rules.

Lease Terms and Deposits

• Market practice: one-year minimum terms with two months' deposit plus first month's rent; the deposit returns at move-out net of damage and unpaid bills
• Use a bilingual lease covering rent, utility billing, repair responsibilities, early termination and the deposit return deadline
• Landlords renting out multiple units as a business fall under consumer-protection style rental controls (deposit caps, termination protections); a single unit generally doesn't, but have a lawyer check if in doubt
• Agents: the Bangkok norm is one month's rent as commission for a one-year lease, with the agent screening tenants and handling move-in

TM30: Yes, It's the Landlord's Duty

Under Thai immigration law, whoever houses a foreigner (the "house master") must file a TM30 report with immigration within 24 hours of the foreign tenant moving in — online or through an agent. In practice:

• The TM30 record affects the tenant's visa extensions and 90-day reports; late filing risks a fine for you and stalled paperwork for them
• One filing per move-in is the baseline; whether re-entry after travel requires re-filing follows immigration's current practice
• Overseas landlords can authorize the building's juristic office or an agent in writing — put this responsibility in the lease

How Rental Income Is Taxed

1. Personal income tax: rent is Thai-source income, taxable whether or not you live in Thailand. Deduct actual expenses or the standard 30% deduction for residential rental, then apply progressive rates (5%-35%)
2. Withholding: corporate tenants (a company renting staff housing) withhold 5% on each payment, creditable in your annual filing
3. Land and Building Tax: the holding-phase tax, charged at residential rates and normally borne by the landlord, billed annually by the local authority
4. Filing: annual returns by end of March (early April online), with a mid-year prepayment (PND94) when you have rental income — see our Thai tax filing guide

A caution: many foreign landlords skip rental tax for years, and the exposure surfaces when they sell the unit or move large sums out of the country. Compliance is cheap; the unwinding isn't.

Is Airbnb Legal?

The most-asked and most-tripped-over question:

• Under the Hotel Act, offering accommodation to the public for under 30 days is hotel business requiring a hotel license — which an ordinary condo cannot get. Daily and weekly rental is unlawful, and owners have been fined
• Nearly all condo building rules ban short stays; juristic offices enforce, and neighbor complaints are the usual trigger
• Monthly rental (30+ days) stays outside the Hotel Act and is the compliant route for foreign owners
• If short-stay income is the goal, only licensed serviced-apartment properties qualify — verify the license before buying

Non-Paying or Damaging Tenants

• Demand payment per the lease and keep everything in writing; the deposit can offset arrears and damage as contracted
• Thai law prohibits self-help: no cutting water or power, changing locks or seizing belongings even when rent is unpaid — doing so exposes the landlord to claims. The lawful route is contractual termination notice, then court eviction
• Smaller disputes fit small-claims procedures at manageable cost; a lawyer's demand letter resolves many cases before filing

FAQ

How do I manage a Thai rental from abroad?

Three arrangements cover it: a local agent or property manager handling rent collection, repairs and TM30 filings (market rate 5%-10% of monthly rent); a Thai bank account to receive rent (see our account opening guide); and an accountant filing the annual rental tax return.

Can the Revenue Department actually detect undeclared cash rent?

Increasingly, yes. Corporate tenants leave 5% withholding records, the TM30 filing itself documents the tenancy, Land and Building Tax records flag rental use, and the money trail surfaces at transfer when you sell. With the 30% standard deduction the effective burden is modest — declaring is the better trade.

Can I lease the condo to my own Thai company and sublet to save tax?

Not a do-it-yourself structure. Related-party pricing, corporate withholding duties and shell-company risk each invite bigger problems, and the Revenue Department can reassess related-party rents. For genuine planning, engage a licensed accountant on a full structure.

Need Help?

TaiHuBang provides landlord compliance services: bilingual lease drafting and review, TM30 filing referral, rental income tax filing and Land and Building Tax payment support. See our accounting and tax service, or submit an inquiry — a consultant will reply within 24 hours.