What should a Self-Storage Agreement include under Thai law?

1. Definitions and Interpretation
2. Right to Use the Unit
3. Term
4. Fees and Payment
5. Security Deposit
6. Access and Security
7. Use of the Unit and Prohibited Items
8. Operator's Entry to the Unit
9. Operator's Other Obligations
10. Insurance and Value of the Stored Goods
11. Liability
12. Late Payment and Termination for Breach
13. Personal Data
14. End of the Agreement
15. Notices
16. Governing Law and Disputes
17. General

• A right to use a storage unit in a building for a fee is likely to be treated as a lease of part of a building (Instrument 1 of the Stamp Duty Schedule). Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the fees for the term. On the Monthly Fee for the Initial Term you entered, the duty is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered. By law the Operator, as lessor, is liable for the duty. If the Agreement continues month to month after the Initial Term, ask your accountant whether further duty is payable.
• An unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge of up to six times the duty are paid (Revenue Code section 118).

• Rent of immovable property is exempt from VAT, but a storage service with security and other services may be treated as a service subject to VAT. The Operator should decide its treatment with its accountant and state it in the Monthly Fee (Clause 1.1).
• A Customer that is a Thai company normally withholds tax on the fees: 5% if they are rent, or 3% if they are service fees. Individuals do not withhold.

• Complete the move-in record in Schedule 2 with photographs (Clause 2.4). Use a strong lock and keep its keys yourself; the Operator has no key (Clause 2.2).
• Check the list of Prohibited Items (Clause 7.2). Storing fuel, chemicals or food can make you liable for damage to other customers' goods (Clause 7.4).
• The insurance arranged through the Operator covers up to … (Clause 10.2). Read the policy for exclusions such as mould or gradual damage.The Operator does not insure your goods (Clause 10.2). Check whether your home or business insurance covers goods kept in a storage unit, or buy separate cover. The Operator's own liability is limited to … per event unless it was grossly negligent (Clause 11.2).

• The Operator must first send a notice giving at least 15 days to pay before it may deny access (Clause 12). It may never sell or destroy your goods because of unpaid fees except under a court order, with your written consent given after the notice, or for dangerous or perishable items (Clause 12.5).
• Operators: a lessor that wants to enforce its rights over the stored goods must do so through a court. Opening a unit or disposing of goods outside the procedure in Clauses 8 and 12 can lead to civil and criminal liability.

• If this Agreement is treated as a lease, the Operator's claims against the Customer under it, such as claims for damage to the Unit, must be brought within six months after the Unit is returned (Civil and Commercial Code section 563). Inspect the Unit together at move-out (Clause 14.1) and raise any claim quickly.

• The Operator collects copies of identity documents, CCTV images and access records (Clause 13). It must give the Customer a privacy notice under the Personal Data Protection Act and keep the data only for the periods in Clause 13.2.

• A company should sign through the director or directors authorised in its latest company affidavit, with the company seal if the affidavit requires one.
• Keep the signed Agreement, the move-in record, receipts and all notices. Thai consumers may prefer a Thai version; if you give one, the meaning more favourable to the consumer applies if the versions differ (Clause 17.7).

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-6CE1E4. If you reuse this content, please credit the author and link to the original.