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Subleasing Property in Thailand

Transcript of the above video:

As the title of this video suggests, we are discussing subleasing in Thailand and we are talking subleasing of property. Generally we see this in terms of condos, although in theory it can be housing that type of thing. Subleases are tricky. I think they are a lot trickier than foreign nationals actually give them credit for. I think foreign nationals often think, "well it is just something I can do with that person that has the lease." Well you need to see the master lease and you need to also understand whether or not that person has a lease which is enforceable for the time period in which you want to sublease it. I have seen a lot of folks that end up getting burned thinking that they can sublease a place and then it turns out the master lease has for example something akin to a non-assignment clause or a non-sublease clause which basically says no, explicitly that person cannot sublease that piece of property. 

The other thing to think about is there are rules regarding the formalization of leases in Thailand and their enforceability. So what I am talking about here is if you have a lease in Thailand that is over a certain duration then it may not be enforceable in Thailand if it hasn't been registered at the Land Office on the actual Chanote title deed. So again that is going to be factually dependent, depending on the circumstances of the case. All of this stuff is of a concern to someone who is looking to possibly sublease space from someone that is already maintaining a lease here in the Kingdom of Thailand.