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Answered6 years ago

Can I rent out my house on Airbnb if I have a Thai Elite Visa?

Tugce ********
asked Jul 9, 2020
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Hi everyone i have a some questions about elite visa. İf i take elite visa(5years) and after buy house. Can I rent that house with airbnb? İm asking this because when i take elite visa i wont be have working visa. Pls help me 💛
Answer summary
The query is about the legality of renting out property on Airbnb while holding a Thai Elite Visa. Responses indicate that while rental income is not classified as work-based income, short-term rentals (under 30 days) without a hotel license are illegal. However, many foreigners do engage in this practice despite potential legal issues. Long-term rentals (minimum 30 days) are allowed under any visa, including the Elite Visa, and can be a safer option. The conversation suggests caution regarding the profitability of using Airbnb for short-term rentals amid fluctuating demand and strict local regulations.
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Grant ******
Grant ******
Buy a condo with a hotel licence, a lot advertise this now, you can buy a house but you would need to set up a Thai company to do so and then need a Thai partner. So your better sticking to condos. if they have the licence you can rent out on Airbnb. At moment the place is dead however last year I made good money renting a condo through Airbnb. I had a hotel licence, which was not even in the main areas. Ignore anyone saying it's illegal. It's only illegal if you don't have a licence. Without a licence you can rent only on monthly basis, minimum 28 days but monthly you wouldn't earn as much as weekly. If you have money to invest and willing sit on it for a while, until this virus is over, now would be a good time to grab one there some bargains to be had. But might take a year to get back to normal here.
Tugce ********
Tugce ********
OP
@Grant *****
how to get hotel licence? İ dont have perminent visa and working visa.
Grant ******
Grant ******
@Tugce *******
A lot of the developments now have hotel licences so you don't need to get one. There doing it for the very reason everyone saying Airbnb illegal, it's not Airbnb that's illegal it's daily rentals without a hotel licence.
Edward *******
Edward *******
The elite visa gives you no special property rights. You can buy the same stuff as any foreigner (generally only condos).

Can you rent what you buy as an AirBnB? Yes... but according to law, the minimum rental is one month. If you rent to anyone for shorter than that in a condo, you’re breaking the law whether the condo building let’s you do it or not.

Also, if you’re doing it for income... why? There are so many cheap hotels and empty units available that you’re unlikely to make any real ROI... very little demand for that now. And If you factor depreciation of your condo, making money buy buying a condo and renting it as an AiRBNB becomes even more of a silly endeavor...
Simon **********
Simon **********
@Edw***
wise words
Dan ********
Dan ********
The fact that you are asking THESE PEOPLE, these RELATIVELY UNQUALIFIED PEOPLE (sorry, no offence everyone) and asking them HERE on FACEBOOK, tells me you don’t know enough about the matter, the industry, and the COUNTRY, to start any kind of business, let alone the property business, with its very high initial investments, and very low return on investment. I would suggest rent a house or condo for a year, maybe two. Try and get a job or start small business. Then see how you feel about investing in Thailand after that. I wish you good luck, but I am OUT 🙏
Steve **********
Steve **********
Short answer is AirBnB style daily rental is illegal in Thailand. However, just like many other things it’s simply overlooked.

We just bought a condo last month in Jomtien. During the process I asked the Juristic office if AirBnB is allowed. I asked because I don’t want to live in a hotel style building. I want a building that discourages this behavior. They basically proceeded to tell me how to rent it daily style and avoid trouble.

So you probably can do it very easy.
Allan ************
Allan ************
In the Base in Pattaya there’s a six foot sign explaining the law of renting out it’s illegal, with fines, confiscated, and deportation and banned from coming back,

On asking the people selling the apartments they said we have to show this, but nothing is ever done, I left the building straight away, even being married to a Thai it’s illegal to rent out.
Allan ************
Allan ************
And now they have added onto my comment
Simon **********
Simon **********
@Al***
I know someone who lives in the Base, and before the virus coach loads of Chinese tourists would arrive daily. It’s pretty much nonstop rental tourists coming and going treating it like a hotel. You did the right thing.
Allan ************
Allan ************
@Simon *********
I stayed twice, now it’s hotels could not do with waiting for people to meet you, take your money and disappear, people in the reception were really rude because you were not a owner, which annoyed me i had booked through booking.com who ignored my emails telling them it was illegal what they were advertising.
Brian **********
Brian **********
@Allan ***********
the base has a special arrangement they made....so don't use that as your guide post
Allan ************
Allan ************
@Brian *********
I’m missing your point Brian the Base cannot have any special arrangement, when as you walk in the sign is telling you to report anyone renting it out.
Brian **********
Brian **********
Sven ********
Sven ********
I would really check the Thai law concerning this. I remember there being some law against doing this. But I’m not sure. Pls research
Alan *******
Alan *******
Elite Visa is a tourist visa with some perks, that's all - you can buy a condo and live in it or rent it out for 1 month minimum at a time - NO short-term AirBnb rentals
Ivan ************
Ivan ************
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/24/thai-law-case-closed-on-airbnb-heres-why-it-wont-matter/
Divya *********
Divya *********
You cannot own land in Thailand.
Tugce ********
Tugce ********
OP
@Divya ********
i have to plan to buy condo or apartment not land!
Brian **********
Brian **********
@Tugce *******
buy an expensive enough condo and you can get an investment Visa
Terary **********
Terary **********
I think AirBNB is not legal in Thailand - or maybe just Pattaya. Doesn't stop people.
Ivan ************
Ivan ************
@Tugce *******
a lot of people do it and get away with it, for now. But you could have legal issues, and even if you didn't have legal issues, it's probably not a great business anyway.

As to how they could know, Airbnb is public, they can just look.

It's categorically not illegal IF you limit yourself to renting for periods of 30 days or longer. But the return is lower again then and you limit your market.
Tugce ********
Tugce ********
OP
@Ivan ***********
u mean if i rent daily or weekly will be problem?
Roy ***********
Roy ***********
@Tugce *******
Your traitor never sleeps. If it is not legal, or you are not allowed to do anything that can be seen as work (accept money, fix the sink) somebody who does not like you will tell on you. Somebody who sees you as competition, does not like foreigners, or does not like the people that you rent out to.
Ivan ************
Ivan ************
@Tugce *******
right now, unlikely with the government, but is a problem with many buildings, on the building level. It is illegal though and they could enforce this harder at any time. If you want to buy somewhere to live and this is just a side consideration, then sure, but it's very dodgy if you are looking at it as a business where you want to make money and want to be sure you can do it indefinitely, it's a very large investment into a business that is illegal and could be shut down at any time. And then there's the business considerations. I know of a lot of people up here in Chiang Mai that used to do it but have moved to long-term rentals because it wasn't making financial sense with the drop in nightly prices and the vacancy levels. This is pre-Covid, not related to that, it was becoming unprofitable for a lot before that. The government also had a big crackdown up here on unlicensed hotels, I don't think this actually impacted many small-time AirBnb landlords directly, but it spooked people.
Will ************
Will ************
If you do own property it probably wouldn't be nor sor 4
Tugce ********
Tugce ********
OP
@Terary *********
i saw many people rent in airbnb in bkk 🧐
Ivan ************
Ivan ************
To clarify- there is nothing inherently illegal about AirBnb in itself, it's just an advertising/promotion platform. What is illegal is (broadly) renting short term without a hotel license. But this is most of what AirBnb is used for.
Greg ********
Greg ********
@Tugce *******
It is true many do rent out property on AirBnB and it is also true it is illegal
Ivan ************
Ivan ************
They do but it's of questionable legality unless you either limit to 30 days or longer, or get a hotel license. Apart from the law, many condo buildings also ban it.

It's also a very crowded market, it used be more lucrative a few years back. Then more local landlords got involved and rents dropped. Combine with the whole Covid situation, no tourism and the condo glut and it does not look very appealing to me as a business right now.
Will ************
Will ************
Tm30 notification by owner of apartment, so government will know
Tugce ********
Tugce ********
OP
@Ivan ***********
im gonna buy apartment not Condo. And i have to plan this for 2022 (after finish virus ). İ think goverment can not know if i rent my house.
Ken ***********
Ken ***********
Google it
Ken ***********
Ken ***********
Garrett ***********
Garrett ***********
Wrong
Garrett ***********
Garrett ***********
Rental income is NOT considered work based income. Many foreigners buy properties as investments in Thailand. You can own and rent your properties on any visa.
Ivan ************
Ivan ************
@Garrett **********
like I said, using Airbnb as 99% of people use it, is illegal.
Ivan ************
Ivan ************
AirBnb is at best a grey area and at worst an illegal business. In general, yes you can invest and rent a property but doing so "as a business" is prohibited. Most common application of AirBnb is also illegal without a hotel license.
Garrett ***********
Garrett ***********
@Iv**
Airbnb is NOT illegal. Period. It's not a grey area. Renting a room in a condo building with 4 or more condos for periods less than 28 days is a violation of the Hotel Act.

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