Expired Lease But Still Staying: Who Gains, Who Loses?

When the original lease has ended.
But the tenant continues to rent without a new contract.
Is it better than renewing the lease?
Who gains, and who loses?.

This case came from one of my students.
It’s a classic example — the tenant doesn’t want to be tied down for another full year.
The landlord is also easy-going, as long as the rent is paid every month..

Everything seems fine, until a problem arises.
Here’s what both sides should know about what might happen next..

For example —
A landlord and tenant make a one-year lease.
When it expires, there’s no written renewal.
But the tenant still stays, and the landlord doesn’t object..

In this case, under Thai law,
the lease is considered “continued,”
but changes into a non-fixed term lease (month-to-month).
It follows the previous rent payment cycle —
if rent is paid monthly, it becomes a monthly lease..

As a result, both parties still have a valid “lease,”
but some conditions differ from the original fixed-term agreement.
Let’s look at who benefits and who loses..

#From the Landlord’s Perspective.
You gain legal flexibility, but must be careful how you use it..

Advantages for the Landlord

1. Easier termination.
   Under a yearly contract, you’d have to wait for the term to end.
   But with a non-fixed lease, you can terminate it
   by giving advance notice equal to the rent cycle (usually one month).
   No serious breach is required..

2. Right to adjust rent (with notice).
   Since there’s no fixed contract rate,
   you may raise rent after advance notice.
   You could technically adjust it every month.
   The tenant’s only choices are to “accept” or “move out.”..

3. Legal basis for eviction.
   If the tenant violates key terms —
   fails to pay rent, misses due dates, or misuses the property —
   the landlord can still file for eviction under Thai law..

Risks for the Landlord

1. Misunderstanding about control.
   Some landlords think once the contract ends,
   they can tell the tenant to leave anytime.
   In fact, once you allow them to stay without objection,
   the law treats it as a month-to-month lease.
   You must give proper notice before ending it..

2. Entry and inspection rights.
   Even as the owner, you can’t just enter the property at will.
   You must give notice or obtain permission.
   Unauthorized entry could be seen as a violation of the tenant’s rights..

3. Lack of evidence on property condition.
   Without before-and-after photos or written terms,
   disputes about damages or deductions from the deposit
   can be hard to prove — even for the property owner..

#From the Tenant’s Perspective.
You can stay longer, but lose long-term stability..

Advantages for the Tenant

1. Flexible move-out.
   You’re no longer tied to a yearly contract.
   You can end it with one month’s notice without penalty..

2. Can refuse unfair rent increases.
   If the landlord raises rent beyond your budget,
   you can simply choose not to renew and move out..

3. Protection from sudden eviction.
   The landlord can’t demand you leave “immediately.”
   They must also provide notice in advance..

Disadvantages for the Tenant

1. Reduced housing security.
   The landlord can terminate the lease anytime
   with proper notice.
   You can’t rely on the previous yearly agreement..

2. Vulnerability to new terms.
   The landlord can easily propose changes
   in rent or rules.
   Without written records, tenants often lose in disputes..

3. Harder to recover the security deposit.
   If there’s no updated agreement
   or documentation of the property’s condition,
   the landlord may claim extra costs.
   Tenants then need proof to dispute it..

Conclusion!
Who benefits the most in this situation?
Legally, the landlord gains more control,
while the tenant gains flexibility..

But in reality,
the true winner is the one with complete documentation
and clear understanding of the law —
chat messages, rent payment slips,
photos before and after moving in,
and written agreements on repairs and responsibilities..

Recommendations
If you’re the landlord —
renew the lease in writing every year.
Specify contract duration, renewal terms, rent, and termination process..

If you’re the tenant —
ask for a copy of the agreement or written confirmation.
Don’t rely on verbal understanding.
Keep payment records and photos throughout the rental period..

If both sides still get along,
this is the best time to set things straight for the second year.
Be clear now — before conflicts arise,
before you end up meeting again at a negotiation table or in court..

This is one of the 39 real estate rental law cases
discussed in my course “Real Estate Rental Law.”
Class 2 is now open..

If you’re still struggling with rental issues,
this class will clear everything up — in one session..

Check the comments for details.
Only 10 seats left.
Class starts next Sunday (November 23)..

Join the discussion at
https://www.facebook.com/Ex.MatchingProperty/posts/pfbid02CCbPDyLTEygQYpXXex9QFnAGzPwBTw3sREcPtVwgYXRVuvvzigQiU5gfmYpoXQkAl