Deposits & advance rent
Security Deposit Rules for Renting in Thailand
For ordinary landlords there is no statutory cap — the market norm is 2 months up front (1 month deposit + 1 month advance). But a landlord running 5 or more units as a business is legally capped at 1 month deposit + 1 month advance under the 2018 consumer-protection rules.
Based on the CCC and the 2018 OCPB controlled-contract notification. Not legal advice.
In short
- ▪Ordinary landlords: no legal cap. Typical ask is 1 month deposit + 1 month advance (2 months); some want 2 months’ deposit on luxury/longer leases.
- ▪Landlords with 5+ residential units are a “controlled-contract business”: deposit and advance are each capped at 1 month.
- ▪For those landlords, the deposit must be returned promptly at lease end, and normal wear and tear cannot be charged.
- ▪Utility charges by 5+ unit operators cannot exceed the official rate (no marked-up electricity).
- ▪The deposit dispute is won at handover — a signed, photo-backed inventory protects both sides.
The market norm (ordinary landlords)
A private individual renting out one or a few units is not bound by a statutory cap. Standard practice for a 1-year lease is one month’s security deposit plus one month’s advance rent — two months total on move-in. Two-year or high-end leases sometimes ask two months’ deposit. Whatever you agree, put the amount and the return terms in writing.
The legal cap: 5+ unit landlords (2018 rules)
The OCPB “Residential Property Leasing as a Controlled-Contract Business” notification (effective 1 May 2018) binds anyone leasing five or more residential units. For them: deposit ≤ 1 month, advance ≤ 1 month, deposit returned immediately at lease end (less genuine tenant-caused damage), no mid-term rent hikes, and utilities at cost. Breach can carry a fine up to ฿100,000 and/or imprisonment up to 1 year.
Getting your deposit back
Landlords may deduct for damage the tenant caused, but not for ordinary wear and tear. Record meter readings and take dated photos at move-in and move-out, keep a signed inventory, and return keys with written acknowledgement. For 5+ unit operators the return must be prompt; for ordinary landlords, agree the timeline in the contract.
Put your deposit terms in writing
Generate a Thailand lease with clear deposit, advance-rent and return terms, plus an inventory schedule. Free preview, from ฿250.
Frequently asked questions
How much deposit can a landlord ask for in Thailand?
For ordinary single/few-unit landlords there is no legal cap; the norm is 1 month deposit + 1 month advance (2 months). Landlords operating 5 or more residential units are legally capped at 1 month deposit + 1 month advance.
Is the 1-month cap law for all landlords?
No. The 1-month deposit / 1-month advance cap only binds landlords renting out 5 or more residential units (a controlled-contract business under the 2018 OCPB rules). Ordinary small landlords are not capped.
When must the deposit be returned?
For 5+ unit operators, immediately at the end of the lease unless the tenant caused damage. For ordinary landlords there is no fixed statutory deadline — agree it in the contract (a set number of days after handover is common).
Can the landlord keep my deposit for normal wear and tear?
For controlled-contract (5+ unit) landlords, no — normal wear and tear cannot be charged. Deductions must be for actual tenant-caused damage. A signed move-in/move-out inventory is the best protection.
Can a landlord charge more than the government rate for electricity?
A 5+ unit controlled-contract landlord cannot charge above the official utility rate. Smaller landlords are not bound by that rule, though marked-up utilities should still be disclosed in the lease.