samuiforsale


Thai Habitation Contract (translation)

The Right of Habitation under the Civil and Commercial laws of Thailand refer to the on the title deed registered right of a person to live in the house of another gratuitously. The right of habitation differs from a usufruct contract that a the person granted a usufruct is allowed to transfer his rights to a third person, where the right of habitation grants only the use of a property for the residence of the grantee himself and family. As opposed to lease no rent or consideration is paid, when rent is paid the matter becomes a hire of property.

A habitation contract refers to the right of dwelling in a house.

Read ups: Thailand habitation in the Civil and Commercial Code

SIMPLE CONTRACT GRANTING RIGHT OF HABITATION

Made at: ________________
Dated: _________________

By and between:

Mr./Mrs./Miss .............................. .................... ..................................., residing at: ....... Soi ............ ......................., Road .................  .........., Tambon .......... .............................., District of......................................., Province of...................................., hereinafter called the “Grantor”

and

Mr./Mrs./Miss ......................................................, residing at No.........., Soi .............. ......................, Road .................... ................, Tambon .......... .................., District of.............................. Province of........................................, hereinafter called “Grantee”.

WHEREAS:

The Grantor is the legal owner of land and house (the details and copy of which are attached hereto as Schedule ..........) which hereinafter shall be called the 'House';

Parties to this contract agree to the following terms and conditions:

1. The Grantor agrees to grant the Grantee the right to occupy the House as a place of dwelling, without paying rent to the Grantor.

2. Such right of habitation will exist for a period of .......... years.

3. When the period of right of habitation expires, both parties may agree to renew the period, but the agreement must be made before the expiration of the period in this contract.

4. This right of habitation in the House includes the dwelling of numbers of the Grantee's family and his dependants.

5. The Grantee has the right to take natural fruits or products of the land where the House is situated as is necessary for the needs of his household.

6. The Grantee shall not transfer this right to any other persons or outsiders; and in case of death of the Grantee, the right is immediately extinguished even though the period in this contract has not yet expired.

7. When the right of habitation of the Grantee expires, in any case, the Grantee shall immediately return the property and the House to the Grantor.

8. The Grantee shall not use the House for any purpose other than for normal conventional use.

9. The Grantee shall take as much care of the House as a person of ordinary prudence would take of his own property, and shall be responsible for carrying out ordinary maintenance and petty repairs.

10. The Grantee shall not alter or extend the House in any way, except with the Grantor's prior written consent.

11. The Grantee is liable for any loss or damage caused to the House, except when such loss or damage is a result of its proper use.
This contract is made in duplicate. The parties to the contract having read and understood the entire substance of the contract hereby sign their names in the presence of witnesses.

Signed................................Grantor

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Signed................................Grantee

Logo Samuiforsale

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Signed................................Witness

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Signed................................Witness

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