Section Code: 1402 - 1409

Thai Civil and Commercial Code

HABITATION (Foreigners Quasi-Ownership)

Section 1402. Arsai

A person who has been granted a right of habitation (arsai) in a building is entitled to occupy such building as a dwelling place without paying rent.

Section 1403. Period of Arsai

A right of habitation may be created either for a period of time or for the life of the grantee.

If no time has been fixed, such right may be terminated at any time by giving reasonable notice to the grantee.

If it is granted for a period of time, the period may not exceed thirty years; if a longer period is stipulated, it shall be reduced to thirty years. The grant may be renewed for a period not exceeding thirty years from the time of renewal.

Section 1404. Arsai is not Transferable

The right of habitation is not transferable even by way of inheritance.

Section 1405. Arsai is Limited to only the Grantee and Members of Household

Unless the right of habitation is expressly limited to be for the benefit of the grantee personally, the members of his family and his household may dwell with him.

Section 1406. Arsai right to natural fruits of the land

Unless expressly forbidden by the grantor, the grantee may take such natural fruits or products of the land as are necessary for the needs of his household.

Section 1407. Grantor not required to maintain property

The grantor is not bound to maintain the property in a good state of repair.

The grantee cannot claim reimbursement of expenses made by him for improvements to the property.

Section 1408. End of Arsai

When the right of habitation comes to an end the grantee must return the property to the grantor.

Section 1409.

The provisions of this Code concerning Duties and Liabilities of the Hirer, as specified in Sections 552, 555, 558, 562 and 563 shall apply mutatis mutandis.