Right of possession is the right to use and occupy a property, and it is a right that is subordinate to ownership. This means that the possessor has the right to use, occupy, and exclude others, but does not have full ownership. The specific rights of the possessor beyond mere possession will depend on the terms of the agreement.
Is it unlawful to evict a tenant by changing the locks due to non-payment of rent?
1. There is an agreement stipulating that the lessor can immediately take possession of the property, or, in the absence of such an agreement, the termination of the lease has taken effect. Since the lessee has the right to possess the property, the lessor is not liable as they are exercising their rights under the contract.
2. There is no agreement, and there has been no termination of the contract, or if there has been a termination, it is not yet effective. The tenant still has the right to occupy the premises, but there is both civil and criminal liability.
The landlord’s unauthorized act of locking the tenant out constitutes both a civil and criminal offense.
A criminal trespass case
Article 362 Whoever enters the immovable property of another person with the intent to possess all or part of such immovable property, or enters and commits any act which disturbs the owner’s possession of such immovable property, shall be punished by imprisonment not exceeding one year or by a fine not exceeding twenty thousand Baht, or by both.
Article 365 If an offense under Article 362, Article 363, or Article 364 is committed:
1. By the use of violence or threats of violence;
2. With a weapon or in conjunction with two or more persons
3. At night
The offender shall be punished by imprisonment not exceeding five years or by a fine not exceeding one hundred thousand Baht, or by both such imprisonment and fine
Civil case for tort
If a tenant defaults on rent payments or breaches the rental agreement, the landlord may take legal action. This includes terminating the lease, issuing a notice to pay rent, claiming damages, and filing an eviction lawsuit. However, failure to follow the prescribed legal procedures constitutes an illegal act. In addition to the tenant being able to file a criminal complaint against the landlord, the tenant may also file a civil lawsuit in court to claim damages for the violation, pursuant to Section 420 of the Civil and Commercial Code.
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With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.