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ResourcesVisa & Immigration LawThailand Immigration LawA Thai Landlord's TM30 Responsibilities And Foreigner Overstay

A Thai Landlord's TM30 Responsibilities And Foreigner Overstay

Transcript of the above video: 

As the title of this video suggests, we are discussing landlord responsibilities with regard to TM30 in the event of an overstay by a foreigner here in the Kingdom of Thailand.

I thought of making this video after reading a recent article from the Phuket News, that is thephuketnews.com, the article is titled: Swedish man arrested for almost 3 years of overstay.  "Officers from the Phuket branches of the Tourist Police Bureau and the Immigration Bureau have arrested a Swedish national following complaints from neighbours regarding violent behaviour including, threats and property damage."

Now the thrust of this video is somewhat, it goes a different direction, it just talks about this person overstaying. There is a segment of this article that is pertinent to TM 30. Quoting directly: "Phuket Immigration did not specify where" (name redacted, well, they call him Mr Udden and they redact the rest of his name), where Mr Udden had been residing for the past 3 years or if any steps would be taken against the people who had not reported him during this time". Now what are they talking about there? 

I think what they are alluding to is the landlord. That this person was on overstay and the landlord didn't say anything. A lot of foreigners have brought this up in the past, they have said "well isn't there a landlord sort of responsibility associated with TM30?" As a practical matter NO. There is no affirmative duty on the part of the landlord; we have discussed this before. Most notably we have discussed it in the context of renting a condo, an apartment, here in Thailand. And basically the question arises: "Well isn't it the landlord’s duty to deal with the TM30?" As we have discussed many times, it states in the rules that it's not a landlord per se, it's the possessor of the dwelling. So the moment that you are renting, that responsibility goes on to you the foreigner, to go ahead and make sure that you maintain compliance regarding address reporting, regarding TM30 here in the Kingdom of Thailand.