Bangkok Rental Deposits: The Rule Most People Get Wrong

NEWS

By Pride Thailand
Comments
10 Apr 2023

If you are renting a new condo in Bangkok, you should normally only be paying:

👉 1 month’s deposit + 1 month’s rent to move in.

Under Thai consumer protection law, landlords are not allowed to charge more than this when they qualify as a rental business.

This rule has been in force since May 2018, yet many renters are still being asked to pay too much upfront — often because the key condition is not explained clearly.

Here is the rule, explained simply, so you know when it applies — and when it does not.

🔑 The 1 Month Deposit Rule (Since May 2018)

Thailand’s Consumer Protection Board Notification B.E. 2561 (2018) applies only to landlords classified as business operators.

Who is a “business operator”?

A landlord who owns 5 or more residential rental units
Applies to condos, houses, and apartments

If your landlord has 5+ units, the law says:

✅ Deposit limit: 1 month deposit + 1 month advance rent
✅ Maximum move‑in cost: 2 months total
✅ Deposit refund: Within 7 days after the lease ends (unless there is verified damage)
✅ Utilities: Must charge government electricity & water rates (no markup)
✅ Early exit: Tenant may terminate with 30 days’ notice for valid reasons (often disputed, but legal)

⚠️ The Private Landlord Loophole (Under 5 Units)

If the owner has fewer than 5 rental properties, this law does not apply.

This is extremely common with Bangkok condominiums.

In this case, landlords can legally:

❌ Ask for 2 months deposit + 1 month rent (3 months upfront)
❌ Delay deposit refunds based on the contract (often 30–60 days)
❌ Set their own utility billing terms

🧠 What Happens in Reality?

Even landlords with 5+ units often:

Still demand 2 months deposit, hoping tenants don’t know the law
Include utility markups despite being classified as a business

If challenged with the Consumer Protection Board Notification B.E. 2561 (2018), some will comply — others will simply rent to someone else who won’t argue.

📌 How to Spot a “Business” Landlord Ignoring the Rules

A major red flag:

🚩 Electricity charged above government rates

This often indicates the landlord should be following the 5‑unit rules — but isn’t.

🆘 What to Do If You Were Overcharged

If your landlord owns 5 or more units and has charged you more than 1 month’s deposit + 1 month’s advance rent, you may have been illegally overcharged.

Who to contact:

Office of the Consumer Protection Board (OCPB)
📞 Hotline: 1166 (nationwide, Thailand)
🌐 Complaints can also be submitted online or in person at OCPB offices

When filing a complaint, prepare:

Your lease agreement
Proof of payments (receipts / bank transfers)
Any written communication with the landlord or agent

The OCPB has the authority to order refunds, require contract corrections, and impose penalties on non‑compliant business landlords.

🗣️ How to Speak to Your Landlord First (Practical Advice)

In many cases, the issue is lack of awareness, not bad faith — especially with small‑scale landlords who recently crossed the 5‑unit threshold.

A calm, practical approach often works best:

Explain that the rule applies only to landlords with 5 or more units
Refer specifically to Consumer Protection Board Notification B.E. 2561 (2018)
Emphasise that you are seeking compliance, not conflict
Ask whether they would prefer to adjust the deposit rather than risk a formal complaint

Many landlords will correct the issue once they realise:

The rule is enforceable
Tenants can escalate to the Consumer Protection Board
Non‑compliant contracts can be ruled invalid

If the landlord refuses, you can then escalate with confidence.

Know the rule before you sign.

Most disputes happen after the contract is signed — when it’s already too late.

If you want, I can share:

The exact Thai legal wording to check your contract
How to identify hidden utility markups
What questions to ask before paying a deposit

Source: https://www.sunbeltasia.com/new-rental-laws-in-thailand/#:~:text=Residential%20leasing%20now%20considered%20a,of%20a%20contract%20controlled%20business.