When an earthquake causes damage to a condominium, tenants or buyers may wonder whether they can terminate their lease or purchase contract. This article explores the legal guidelines and consumer rights in such situations.
Is Earthquake Damage Considered Force Majeure?
Under Thai law, an earthquake is typically classified as a force majeure event—an unexpected and unavoidable occurrence. However, the legal impact on tenants or buyers depends on the severity of the damage and the habitability of the unit.
For Tenants
If you’re renting a condo and it suffers earthquake damage, you may consider terminating your lease under the following circumstances:
1.The unit is uninhabitable: If the structural integrity is compromised or there are major cracks that affect safety, the tenant has the right to terminate the lease and request a refund of the deposit.
2.The unit is damaged but repairable: If the damage is minor and can be repaired, the landlord is responsible for making those repairs. In this case, tenants may not be entitled to terminate the lease but may negotiate rent reductions or payment deferrals.
Important: You should gather evidence, such as inspection reports from engineers, to support your claim and prevent future disputes.
For Condo Buyers
If you are in the process of buying a condo and have not yet received the title deed, you may cancel the contract if:
1.The unit is severely damaged: If the damage makes the unit uninhabitable, you can cancel the contract and request a refund of your booking or down payment.
2.Minor damage is present: The seller is responsible for making necessary repairs before the title transfer. Contract termination may not be applicable in this case.
If you’re concerned about the building’s safety, request a formal inspection report from a certified engineer before proceeding.
Steps to Take After Condo Earthquake Damage
1.Inspect the unit: Carefully assess the damage. Notify the landlord or seller immediately if there are safety concerns.
2.Request an inspection report: Ask the landlord or seller to provide an engineering report to confirm the structural safety.
3.Negotiate contract cancellation: If the unit is unsafe to live in, try to negotiate with the landlord or seller to terminate the contract and recover paid funds.4.Seek legal advice: If a dispute arises, consult with a lawyer or legal authority to proceed according to the law.
Consult an Experienced Real Estate Lawyer — Wongsakorn Law Office
Contract cancellation due to earthquake damage is possible when the unit is severely damaged or poses a safety risk. However, proper documentation is essential. If you’re unsure whether the damage qualifies for contract termination or face disagreements with landlords, sellers, or developers, consult an experienced real estate attorney. Legal guidance ensures your rights are protected, helps avoid legal traps, and increases your chances of achieving fair treatment from the beginning.
👉 Contact us for legal consultation.