Lease Ended but Tenant Refuses to Leave — What Can You Do?

There was a case where an Agent FC came to consult me.

Q: What if the lease contract ends, but the tenant refuses to leave the rental unit — what can we do?

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A: First, we have to separate the concepts of ownership (กรรมสิทธิ์) and possession rights (สิทธิครอบครอง).

Ownership is yours. Your name is on the back of the title deed.

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But possession rights were already given to the tenant when you signed the lease agreement.

Even if they breach the contract, they still hold the possession rights.

So if you act rashly, it could backfire on you as the landlord.

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If you want the tenant to leave, the overall method is similar to filing an eviction lawsuit.

Here’s a step-by-step approach.

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First phase

1. Terminate utility services

(Cut water, electricity, internet, deactivate key card access for that unit.)

Emphasize: You can only do this if it’s clearly stated in the lease agreement!

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2. Send a notice via mail (with delivery evidence)

Send it to the rental address or via their personal LINE app.

Notify them that the lease has expired, and ask them to move out within x days (3-7 days).

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Step 2 is crucial.

Otherwise, the tenant could sue you back, claiming you trespassed and disturbed their rights without prior notice.

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What if the tenant still refuses and clings to the place?

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Second phase

#Light approach: Not fully legal, but fast

3. Take the lease contract to the local police station where the property is located.

Although trespassing is a criminal case,

evicting an existing tenant is considered a civil case.

You can request the police to help mediate.

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4. Go to the property with the police.

Submit the report to the building’s management.

Then, go up to the unit together with the police and the management team as witnesses.

Let the officials mediate.

(Recommended: record a video the whole time.)

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#Heavy approach: Legally correct, slower but safer

5. Appoint a lawyer

to issue a demand letter and file a case, or you can petition the court yourself if experienced.

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The court to go to is the civil court with jurisdiction over that property’s location.

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6. Use the court’s order to enforce eviction,

letting the court officers handle everything on your behalf,

avoiding direct confrontation.

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7. The entire process usually takes 6-8 months.

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Tips

1. You can keep the security deposit (but it’s often better to negotiate: if they leave now, refund the deposit and even give them extra compensation… just to be done with it).

2. You can claim damages, such as unpaid rent, penalties, interest, unpaid utilities, etc. The statute of limitations is 5 years from the default date.

3. The right to sue for damages related to the lease (e.g., penalties, damages to property) is valid for only 6 months from the date of property return.

4. If the tenant remains defiant, the landlord can proceed to enforce civil judgment, including seizing assets inside the unit or auctioning off property to repay the rent debt.
   (This requires a separate civil case.)

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These are general methods that work.

But if you rent out a property without any contract at all,

some actions above cannot be enforced.

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Therefore, when renting out a property,

always have a comprehensive lease agreement.

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#What landlords must not do!!!!

1. Forcibly evict the tenant on your own.

2. Use violence, threats, or destroy the tenant’s belongings.

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Can trespassing cases be settled out of court?

If it’s under Sections 362, 363, or 364 of the Criminal Code,

it’s a compoundable offense.

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But under Section 365 — which involves violence, threats, use of weapons, or committing the act as a group of two or more, or at night —

it is not compoundable and must proceed as a criminal case to the end.

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Many people get confused:

Why is trespassing a criminal case, but this scenario is a civil case?

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Let’s clarify:

The key difference is the starting point.

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If it starts with a lease contract,

and the tenant breaches the contract,

leading to eviction —

this is considered a civil case,

because the landlord already granted possession rights via the lease.

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But if it’s another scenario:

There was no lease,

no agreement whatsoever,

and someone suddenly occupies your property.

In this case, trespassing and eviction become a criminal matter.

(Think of that classic story: the neighbor suddenly occupies your house and starts selling fried chicken.)

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See? There’s a difference at the root.

Not confused, right? (Because honestly, I was confused at first too — lol.)

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Join the discussion at

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