Understanding 22 Types of Land and Property Leases in Thailand — Full Guide

Many people may have had some rental experiences before.
But most are only familiar with a few types of rental arrangements.
What we usually see are:
Short-term rental (not more than 3 years)
Long-term rental (over 3 years but not more than 30 years)
Or sublease (sub-renting).

But did you know? Actually,
there are 22 types of registered lease agreements.

Even the writer hasn’t used every case personally,
but I want to write this down in case any of my followers might find it useful in the future.

Or at least, when officials talk about a certain type of lease,
we’ll understand exactly what they mean.

Here are the 22 types of leases:

1. Lease (whole property)

2. Lease of a specific part

3. Partial lease

4. Partial lease of a specific part

5. Sublease

6. Sublease of a specific part

7. Partial sublease

8. Partial sublease of a specific part

9. Transfer of lease rights

10. Transfer of lease rights for a specific part

11. Partial transfer of lease rights

12. Partial transfer of lease rights for a specific part

13. Inheritance of lease rights

14. Amendment of lease or partial lease agreement

15. Termination of lease

16. Partial termination of lease

17. Termination of sublease

18. Partial termination of sublease

19. Release from lease

20. Subdivision in the same name (lease-free)

21. Subdivision in the same name (with lease)

22. Subdivision in the same name (mixed lease and lease-free)

For each type,
I will write in two styles:

#Spoken language
Explained in simple, easy-to-understand terms.

And #Written language
Which is the formal legal meaning.
This is usually harder to understand because of legal terminology,
and many people might feel lost.

When I read and interpreted these,
I had to use focus and concentration
to transform the legal meanings into the clearest possible images.

Let's start by introducing the main characters first:

Landowner / Title holder
English: Landlord
Legal term: Lessor

The word "Owner" usually refers to the homeowner or house owner more specifically.

Tenant
English: Tenant
Legal term: Lessee

1️⃣ Lease (whole property)

#Spoken language
Means the owner has land or any real estate,
and someone wants to lease it,
registering the lease so the tenant can possess and use the land.
It doesn't matter if there is one owner or multiple owners.
As long as all agree, the land can be leased out.
Usually for long-term leases that require registration in front of the authorities.

#Written language
Refers to when a person with the right to lease land or real estate
applies to register a lease of the entire property to someone else.
Whether there is one or multiple holders,
if all agree, they can lease the entire property.

 

2️⃣ Lease of a specific part

#Spoken language
The land has multiple co-owners with registered specific shares.
A tenant can lease only one person's share, not the others.

#Written language
When land or real estate has several owners,
and one or more wish to lease only their part to a tenant.
Other owners’ parts are not included.

3️⃣ Partial lease

#Spoken language
The owner (single or multiple) agrees to lease only part of the land,
regardless of whose part it is.
Income from the lease is shared collectively, like family land.

#Written language
When the owner(s) request to register a lease of only part of the land or property,
regardless of how many owners, as long as all agree.

4️⃣ Partial lease of a specific part

#Spoken language
Several owners with registered specific shares.
One owner lets a tenant lease only part of their own share,
keeping some for personal use.

#Written language
When a specific owner wishes to lease only part of their registered share,
excluding other owners' parts.

5️⃣ Sublease

#Spoken language
Owner(s) allow a tenant to lease the property,
and that tenant is allowed to sublease to another party.
The owner receives rent only from the first tenant.

#Written language
When a registered tenant further leases the entire property to another person,
whether there is one or multiple initial tenants,
as long as everyone agrees to allow subleasing.

6️⃣ Sublease of a specific part

#Spoken language
Several owners with specific shares.
A tenant leases a part, then subleases only part of that to someone else,
keeping some for personal use.

#Written language
When a tenant with a registered lease of a specific part further subleases only part of that area to another.

7️⃣ Partial sublease

#Spoken language
Owner(s) lease part of the land to Tenant A.
Tenant A uses part, then subleases another part to Tenant B.

#Written language
When a tenant with a registered lease further leases part of that area to another person.

8️⃣ Partial sublease of a specific part

#Spoken language
Several owners with specific shares.
One leases part to Tenant A.
Tenant A then subleases part of what they have to Tenant B,
keeping some for themselves.

#Written language
When a tenant with a registered lease of a specific part further subleases part of that area to another.

9️⃣ Transfer of lease rights

#Spoken language
Tenant A can’t use the land anymore but doesn't want to terminate the lease.
They transfer their rights to Tenant B,
who must follow the original lease terms.

#Written language
When a tenant transfers their registered lease rights to another person,
who then assumes the tenant's legal position.

1️⃣0️⃣ Transfer of lease rights for a specific part

#Spoken language
Tenant A, holding a specific share or part,
transfers only their own part to Tenant B,
without affecting other co-tenants.

#Written language
When a tenant with a registered lease of a specific part transfers only that part to another person.

1️⃣1️⃣ Partial transfer of lease rights

#Spoken language
Tenant A transfers only part of their rights to Tenant B,
retaining some for themselves.

#Written language
When a tenant transfers only part of their lease rights to another,
retaining part.

1️⃣2️⃣ Partial transfer of lease rights for a specific part

#Spoken language
Tenant A leases part of the land.
They then transfer only part of this to Tenant B,
keeping some.

#Written language
When a tenant with a lease of a specific part transfers only part of it to another.

1️⃣3️⃣ Inheritance of lease rights

#Spoken language
Tenant A has a lease agreement specifying that upon death,
the lease rights pass to their heirs,
who can continue using the land.

#Written language
When the tenant dies and the lease rights pass to heirs per prior agreement with the lessor.

1️⃣4️⃣ Amendment of lease agreement

#Spoken language
Lessor and Tenant A agree to amend certain lease terms together.

#Written language
When the parties request to modify terms of a registered lease or partial lease agreement.

1️⃣5️⃣ Termination of lease

#Spoken language
Lessor and Tenant A agree to terminate the lease completely.
(Note: If terminating early or due to breach, always sign a termination agreement to avoid future obligations.)

#Written language
When both parties agree to terminate a registered lease completely.

1️⃣6️⃣ Partial termination of lease

#Spoken language
Lessor and Tenant A agree to terminate only part of the lease, not all.

#Written language
When both parties agree to terminate only part of a registered lease.

1️⃣7️⃣ Termination of sublease

#Spoken language
Tenant A subleases to Tenant B.
Tenant B terminates the entire sublease.

#Written language
When sublessor and sublessee agree to terminate the sublease completely.

1️⃣8️⃣ Partial termination of sublease

#Spoken language
Tenant B terminates only part of the sublease,
continuing with the rest.

#Written language
When the sublessor and sublessee agree to terminate only part of the sublease.

1️⃣9️⃣ Release from lease

#Spoken language
After lease termination, the land is free from lease obligations,
and the owner can lease it to someone else.

#Written language
When land previously leased or subdivided is released from lease encumbrance,
either in whole or in part.

2️⃣0️⃣ Subdivision in the same name (lease-free)

#Spoken language
Lessor subdivides the land, and the subdivided plot is free from Tenant A’s lease.

#Written language
When land is subdivided and parties agree that the subdivided part is lease-free.

2️⃣1️⃣ Subdivision in the same name (with lease)

#Spoken language
Lessor subdivides the land, and the subdivided plot remains under the lease.

#Written language
When land is subdivided and parties agree that all subdivided plots remain under the lease.

2️⃣2️⃣ Subdivision in the same name (mixed lease and lease-free)

#Spoken language
Lessor subdivides the land; some parts remain leased,
some are released from the lease.

#Written language
When land is subdivided, and parties agree that some subdivided plots remain under lease,
while others are lease-free.

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⚠ Note ⚠
Please study each lease type carefully before signing,
as an incorrect registration can change the meaning, scope, and benefits of your lease.
This could lead to future legal issues.

If I misunderstood or explained any part incorrectly,
please let me know.
Thank you.

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Parinwatch Knapakvorn (X)
The "Agent Few-Fan" of Huai Khwang land.

CEO of Matching Property Co., Ltd.
Accepting sales / rentals / mortgages / sales with right of redemption.
"Only in Bangkok."

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