Tenant complaint — Alleged deceptive and unlawful conduct by agent “Eve” and landlord, Ashton Asoke Rama 9, Bangkok

In this post, I outline how to tailor a professional complaint to Bangkok, Thailand, with authorities and citations you can adapt and use if you are in a similar situation dealing with unethical landlords and agents. This would be the most effective manner with which to take legal action if you are a tenant looking to protect yourself from those looking to infringe on your rights. I’ve included controlling Thai statutes and current regulatory notifications, and flagged where 2025 changes post-date the events.

Proposed forum(s)

• Civil Court of Bangkok South (Consumer Case Division), for civil claims under the Civil and Commercial Code and Consumer Protection Act.
• Office of the Consumer Protection Board (OCPB), for administrative complaint under the Consumer Protection Act B.E. 2522.
• Local Royal Thai Police (Huai Khwang/Phra Ram 9 precinct in my case), for any criminal trespass/lockout conduct if supported by facts.

Parties

• Complainant/Plaintiff: Me.
• Respondents/Defendants: (1) Agent “Eve”, acting as letting agent for the unit at Ashton Asoke Rama 9; (2) Landlord “Shu”, the registered owner or lessor of the unit; (3) Residential property leasing business operator [juristic person name] if the landlord/agent is operating ≥5 residential units in 2019–2025 (see Jurisdictional/Regulatory Basis below).

Relief sought

• Restitution of the security deposit, less only bona fide, receipted deductions, with statutory return timing and costs borne by the operator; reimbursement of documented moving/interim housing costs; compensation for losses caused by failure to repair and for lockout/constructive eviction (if proven), including non‑pecuniary loss in the court’s discretion; declaratory relief regarding building condition/safety; interest and costs. See legal bases and remedies, below.

Summary of allegations

• Between late 2024 and March–April 2025 Respondents engaged in a pattern of neglect and unfair practices: (i) precipitous eviction actions and building access revocation after a brief holiday banking delay; (ii) attempted enforcement of increased rent immediately following the March 28, 2025 regional earthquake that caused evacuations and damage in Bangkok; (iii) failure to carry out necessary repairs to earthquake‑related damage and essential equipment; (iv) abrupt termination with insufficient notice; and (v) inflated and delayed security‑deposit deductions after move‑out.

Jurisdictional and regulatory basis

• Civil claims lie under the Thai Civil and Commercial Code (CCC), including lease obligations and wrongful acts (torts). Key sections governing leases: CCC ss. 546–551 (lessor’s duty to deliver and repair; defects), s. 560 (15‑day notice before termination for monthly‑or‑longer rent defaults), and ss. 568–571 (partial loss of use; renewals). (legal.co.th)
• Consumer protection and standard‑form lease controls. Residential building leasing operated as a “contract‑controlled business” under the Contract Committee Notification (2018, replaced 2019). For 2019 the scope covered business operators leasing at least five residential units; mandatory clauses include inspection reports, invoicing, repair duties, and deposit return timelines (immediate/within seven days if no damage; operator pays transfer costs). (tilleke.com)
• Note on 2025 update: A new Notification B.E. 2568 (2025) was published June 6, 2025, effective September 4, 2025. It refines duties (e.g., standardised forms) and some timelines but post‑dates the alleged conduct. Do not rely on it for liability before September 4, 2025, though it evidences regulatory policy. (tilleke.com)
• General consumer rights and OCPB powers under the Consumer Protection Act B.E. 2522, including “right to a fair contract” and the Contract Committee’s authority to void unfair terms. (wipolex-res.wipo.int)
• Potential criminal dimension: Extra‑judicial lockouts or revocation of access prior to lawful termination can amount to trespass under the Penal Code if effected without legal right; courts generally require eviction via court order, not self‑help. (disavorabuthlaw.com)
• Context: On March 28, 2025, a powerful Myanmar earthquake caused evacuations and damage in Bangkok; authorities declared disaster measures and one high‑rise under construction collapsed. This context supports claims about habitability, repair necessity, and good‑faith negotiation after a disaster. (reuters.com)

Statement of facts (chronology)

1. Contract formation and performance

• On or about 28, March 2024, Complainant executed a written residential lease for the unit at Ashton Asoke Rama 9 and took possession at month‑end. From March 2024 through March 2025, rent was paid regularly and no formal breach notices were issued. Evidence: signed lease; bank transfer records; payment timestamps; absence of breach notices.

2. Communications issues; agent conduct change

• In late 2024, Complainant experienced a temporary phone failure while abroad. Upon re‑establishing contact, the agent’s attitude and responsiveness materially changed. Evidence: dated LINE/SMS/email logs; witness statement.

3. Early January 2025 rent delay; summary lockout/eviction notice

• Due to holiday banking, rent was a short time late. Without compliant prior notice, the agent allegedly revoked building access and issued an eviction notice. Under CCC s.560, for rent payable monthly or longer, the lessor must first give a notice to pay within not less than 15 days before termination; “self‑help” lockouts are improper. Evidence: building access logs; eviction notice; messages. (juslaws.com)

4. February 2025: request for contract PDF; evasive response

• While overseas, Complainant requested a copy of the executed contract; the agent was evasive. Evidence: message logs. Note: OCPB guidance expects operators to deliver copies of contracts and invoices in controlled businesses. (wipolex-res.wipo.int)

5. March 28, 2025 earthquake; attempted rent increase within ~30 minutes

• Following the quake and evacuation, the agent proposed a new lease at higher rent circa hours after the event. Evidence: timestamped messages; photos/video; eyewitness accounts. Context of emergency and building safety assessments supports that insisting on immediate rent increases may be abusive/unfair, especially before habitability is assured. (reuters.com)

6. Post‑quake repairs and habitability

• Complainant reported wall cracks, AC leaks, washing machine failure, and pests. Repairs were minimal or incomplete. Under CCC ss. 546, 550–551, the lessor must deliver in good repair and make necessary repairs during the term; if defects persist unremedied within a reasonable time and are serious, the tenant may terminate. Evidence: repair tickets; photos; messages; maintenance logs. (legal.co.th)

7. Termination and forced move within ~48 hours

• At contract end (or purported early termination), the agent gave ~48 hours to vacate. If the operator qualifies as a “residential leasing business” (≥5 units in 2019), the Notifications require prominent termination grounds and cure periods; abrupt termination and denial of reasonable time to vacate may be non‑compliant. Evidence: messages; notices. (conventuslaw.com)

8. Deposit deductions and delayed refund

• The agent issued an inflated itemization for cleaning/damages and delayed refund beyond the Notification timeline. Under the 2019 Notification: deposit is returned immediately at end of lease; if inspection is required and no tenant‑caused damage is found, return within 7 days; operator bears transfer costs. Evidence: itemized list; invoices/receipts; bank records; move‑out inspection report (or lack thereof). (tilleke.com)

Legal issues and causes of action

A) Breach of lease and statutory duties (repairs; notice; deposit)

• Failure to repair and maintain habitability in breach of CCC ss. 546, 550–551; failure to provide compliant notice/cure prior to termination contrary to CCC s.560; non‑compliant deposit handling under the 2019 Contract Committee Notification (if Respondents are covered “business operators”). Remedies: termination/price reduction; damages; deposit restitution with interest; costs. (legal.co.th)

B) Unfair contract terms and deceptive/unfair practices

• Under the Consumer Protection Act, consumers have a right to a fair contract and protection from unfair standard terms; the Contract Committee may deem offending terms void or read in mandatory terms. If operator qualifies, prohibited clauses (e.g., unilateral rent hikes mid‑term, excessive penalties, seizure of deposit) are ineffective. Administrative complaint to OCPB available. (wipolex-res.wipo.int)

C) Wrongful act (tort) and constructive eviction

• If Respondents revoked access or locked out Complainant without lawful termination/court order, this supports a wrongful‑act claim under CCC s.420, with damages for property rights interference and distress. Related criminal trespass can be implicated if the lockout was effected while the tenant retained the right to possess. (library.siam-legal.com)

D) Post‑disaster good faith and partial loss of use

• If earthquake effects rendered part of the premises unusable, the CCC allows rent reduction and, where purpose cannot be accomplished, termination (s.568). Insisting on immediate rent increases and denying repairs after a disaster may be bad‑faith conduct. (samuiforsale.com)

Remedies requested (for pleading)

• Order restitution of the full security deposit, less only proven, receipted damage amounts; compel Respondents to bear transfer fees of the return; award THB [x] for moving and alternative accommodation, and THB [y] for loss of use/amenities; award general damages for distress/inconvenience in the court’s discretion under CCC s.420; declare that access revocation and non‑compliant termination were unlawful; interest at the legal rate and costs. (tilleke.com)

Proposed evidentiary bundle (annexes)

• Lease and any renewals (Thai and English versions); move‑in inventory/condition report (if any).
• Payment records; bank statements; timestamps; invoice/notice history.
• Access logs; building passes; CCTV reference numbers (if applicable).
• Message threads (LINE/SMS/Email) with the agent/landlord.
• Photos/videos from March 28, 2025 and later repairs; maintenance tickets.
• Move‑out inspection documents; deposit itemization and receipts; refund bank slips and dates.
• Witness statements (friends who assisted move; juristic office staff).

Pleadings skeleton (for court filing)

• Cause 1: Breach of lease and CCC ss. 546, 550–551 (failure to repair) — damages THB [x].
• Cause 2: Breach of CCC s.560 (non‑compliant rent default termination), and, if applicable, violation of Contract Committee Notification (2019) — declaratory/injunctive relief and damages. (juslaws.com)
• Cause 3: Wrongful act under CCC s.420 for extra‑judicial lockout and interference with possession — general and special damages. (library.siam-legal.com)
• Cause 4: Restitution of deposit under the Notification (2019) — immediate return within statutory timeline; interest; costs. (conventuslaw.com)

Authorities (non‑exhaustive)

• CCC lease obligations and notice: ss. 546–551, 560, 568–571 (English translations). (legal.co.th)
• Consumer Protection Act B.E. 2522 — rights to fair contract; Contract Committee powers. (wipolex-res.wipo.int)
• Contract Committee Notification: Residential Building Leasing Business as a Contract‑Controlled Business (2019), including deposit return and cure/notice formatting; scope (≥5 units). (samuiforsale.com)
• 2025 Notification B.E. 2568 — policy context; effective Sept 4, 2025 (post‑dates events). (tilleke.com)
• Contextual fact of disaster on March 28, 2025 (Bangkok evacuations, construction‑site collapse). (cnbc.com)

Filing and complaint pathways

• OCPB complaint: attach evidence; cite CPA rights and the 2019 Notification; request administrative action (e.g., order to refund deposit, adjust unfair terms). (wipolex-res.wipo.int)
• Civil action in the Consumer Case Division: benefitting from simplified procedure and reduced fees for consumer disputes. (ptlegalconsult.co.th)
• Police report (if warranted by facts): detail any lockout/access revocation while the lease remained in force; reference that eviction must proceed by court order, not self‑help; consider Penal Code trespass elements. (disavorabuthlaw.com)

Learn more:

1. Title IV Chapter II Duties and Liabilities of the Letter Chapter III Duties and Liabilities of the Hirer – Integrity Legal – Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand
2. Thailand: Residential Property Leasing Businesses to Be Subject to Contract Controls – Tilleke & Gibbins
3. Thailand Strengthens Controls on Residential Lease Contracts – Tilleke & Gibbins
4. Consumer protection Act, B.E. 2522 (1979)
5. Who owns the property that is being rented out and currently occupied? – สำนักงานกฎหมาย ดร.ดิศวรบุตร
6. After quake, Thailand’s capital grinds to a halt amid fear and chaos
7. Thai Civil And Commercial Code – Book III Special Contracts
8. Thailand ­ Residential Property Leasing Businesses To Be Subject To Contract Controls. – Conventus Law
9. Torts (Section 420-437) | Thailand Law Library
10. Thailand Civil and Commercial Code (part II)
11. Rental Business Operator Regulation 2025
12. Myanmar earthquake: Bangkok declares disaster zone, buildings evacuated
13. Specialized Court Cases – PT LEGAL CONSULT

Avi Perera

Avi is a researcher educated at the University of Cambridge, specialising in the intersection of AI Ethics and International Law. Recognised by the United Nations for his work on autonomous systems, he translates technical complexity into actionable global policy. His research provides a strategic bridge between machine learning architecture and international governance.