What are the responsibilities regarding TM 30 reporting for landlords and tenants in Thailand?

Aug 28, 2019
5 years ago
Fernando ********
ORIGINAL POSTER
Hi guys, looking for some grounds on the TM 30 roles and responsabilities, as there seems to be a fair bit of general confusion.

What I read is that according to Thai Immigration Act of 1979, Section 38, its the duty of the landlord to report any foreigner staying in their hotel, apartment, premises, ect. Not the tenants responsability. Tenant must however notify the lanlord upon arrival and provide with copy of TM 6 and current visa stamp on the foreigners passport every time the tenants stays at the condo.

To make it more specific, lets say the case is a foreigner on a marriage visa renting a condo or a house.

When the time comes for the foreigner to do his/her 90 day report, Immigration will find out wether or not the landlord submitted the report within 24h of the tenants arrival, and if not, a fine will be due, which again according to the Law, the landlord should pay.

Till here all good or am I mistaken?

Now, if the condo agreement states that the TM30 filling up and submission relies on the tenant, not the landlord, who is then responsible for the TM30 submission?

Picture of contract below.

I understand the Law has more weight, however... not sure if the contract, even though signed, outweights the Law in this case?

This is the latest info a read about this:

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TLDR : Answer Summary
The post discusses the responsibilities associated with TM 30 reporting under Thai law, particularly focusing on the obligations of landlords versus tenants. It references the Thai Immigration Act of 1979, which states that landlords must report foreign tenants but requires tenants to notify their landlords of their arrival and provide necessary documentation. The author raises a question about a scenario where a rental agreement stipulates that the tenant is responsible for TM 30 submission, and seeks clarification on the conflict between contractual obligations and legal requirements.
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