Thailand Law Library

by Thailand Lawyer

Duties and liabilities of the hirer

The hirer cannot use the property hired for the purpose other than those which are ordinary and usual, or which have been provided in the contract.

The hirer is bound to take as much care of the property hired as a person of ordinary prudence would take of his own property, and to do ordinary maintenance and petty repairs.

If the hirer act contrary to the provision of Sections 552, 553 or contrary to the terms of the contract, the lessor may notify the hirer to comply with such provisions or terms, and if the hirer fails to comply, the letter may terminate the contract.

The hirer is bound to allow the lessor or his agents to inspect the property hired at reasonable times.

If the property hired requires urgent repairs during the continuance of the contract, and if the lessor desires to do an act necessary for such repairs, the hirer cannot refuse permission to have such act done, though it may cause him inconvenience.

However, if the repairs are of such nature as would take unreasonable length of time and thereby cause the property unsuitable for the purpose for which it is let, the hirer may terminate the contract.

In any of the following cases:

• If the property hired is in need of repairs by the lessor, or
• If a preventive measure is required for avoiding a danger, or
• If a third person encroaches on the property hired or claims a right over it, the hirer shall forthwith inform the letter of occurrence, unless the lessor already has knowledge of it

If the hirer fails to comply with this provision, he is liable to the lessor for any injury resulting from the delay occasioned by such failure.

The hirer may not make alterations in, or addition to, the property hired without the permission of the lessor. If he does so without such permission, he must, on request of the letter, restore the property to its former condition, and he is liable to the letter for any loss or damage that may result from such alteration or addition.

If no time for payment of rent is fixed by the contract or by custom, the rent must be paid at the end of each period for which it is stipulated, that is to say: if a property is hired at so much per year, the rent is payable at the end of each year, if a property is hired at so much per month, the rent is payable at the end of each month.

In case of non-payment of rent, the letter may terminate the contract. But, if the rent is payable at monthly or longer intervals, the letter must first notify the hirer that payment is required within a period not less than fifteen days.

If no written description of the condition of the property hired has been made and signed by both parties, the hirer is presumed to have received the property in good state of repair and he must return the property in such condition at the termination or extinction of the contract, unless he can prove that it was out of repair at the time of delivery.

The hirer is liable for any loss or damage caused to the property hired by his own fault or by the fault of persons living with him or being his sub-hirer.

But he is not liable for loss or damage resulting from proper use.

No action by the letter against the hirer in connection with the contract of hire can be entered later than six months after the return of the property hired.