Is it feasible to use Airbnb for temporary accommodation while applying for a visa extension in Thailand?

@Graeme *****

The legality of Airbnb in Thailand is a nuanced issue, primarily governed by the **Hotel Act of 2004**. Here's a detailed breakdown of the key points:

### 1. **Legal Framework and Short-Term Rentals**

- **Under 30 Days**: Renting residential properties (e.g., condos, apartments) for **less than 30 days** without a hotel license is illegal under Thai law. This applies to both hosts and guests, though enforcement often targets hosts .

- **Hotel License Requirement**: Properties offering stays shorter than 30 days must obtain a hotel license, which involves compliance with strict building, safety, and zoning regulations. Most residential condos cannot meet these requirements, making short-term Airbnb listings in such buildings illegal .

- **Exemptions**: Properties with **up to 4 rooms** and **20 guests** may qualify for a "non-hotel" exemption if registered with local authorities. However, condos are often excluded from this exemption due to residential zoning rules .

### 2. **Risks for Guests and Hosts**

- **Guests**: While rare, guests staying in illegal rentals could face eviction, fines, or legal complications if reported by building management or neighbors .

- **Hosts**: Hosts risk fines up to **THB 20,000**, imprisonment (up to 1 year), and daily penalties of **THB 10,000** for ongoing violations. Condo owners may also face civil lawsuits from building management for violating condo regulations .

- **Immigration Reporting**: Hosts must report foreign guests to immigration within 24 hours (TM30 form). Failure to do so incurs a **THB 2,000 fine** .

### 3. **Enforcement Reality**

- **Inconsistent Enforcement**: Authorities rarely crack down on individual hosts, focusing instead on large-scale illegal operations. Many Airbnb listings operate in a legal gray area, relying on lax enforcement .

- **Condo Management Vigilance**: Condo juristic offices often enforce rules more strictly, posting warnings and restricting short-term rentals. Violations can lead to fines or legal action from the condo association .

### 4. **Alternatives and Safer Options**

- **30+ Day Rentals**: Airbnb stays of **30 days or longer** are fully legal and avoid Hotel Act restrictions .

- **Licensed Hotels/Serviced Apartments**: For short stays, hotels or licensed serviced apartments are safer and legally compliant .

- **Villas and Detached Homes**: These may qualify for non-hotel exemptions if registered, offering more flexibility than condos .

### 5. **Tax and Compliance Obligations**

- **Hosts** must declare Airbnb income and pay taxes (income tax, VAT if earnings exceed THB 1.8 million annually). Non-compliance risks audits and penalties .

- **Foreign Hosts** may need a work permit to manage rentals, depending on the activity level .

### Key Takeaway

While Airbnb is not outright illegal in Thailand, **short-term rentals (under 30 days) in residential properties without a hotel license violate the law**. Enforcement is inconsistent, but both guests and hosts assume legal and financial risks. For peace of mind, opt for licensed accommodations or longer-term rentals. For hosts, compliance with registration, tax, and condo rules is critical to avoid penalties .

@Graeme *****

reread what you wrote very very very slowly…then look at the business model of Airbnb…read it very slowly if needed…now you will understand that Airbnb does in fact compete with hotels that are fully licensed in Thailand…