Who will be responsible for fixing broken items in the condo [room] for rent? 
| The lessor and lessee always argue whether who should be responsible for the cost of fixing something that may be broken from condo[room] for rent such as light bulb ,leaking faucet, air-con not working. The lessee would say that these properties belong to the lessor and once it’s not working then the lessor should be responsible while the lessor would claim that since he/she delivers acondo [room] for rent in a good state of repair then the lessee should be responsible for any broken items.
This matter is stated in Thai Laws under the Civil and Commercial Code as follows:
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“Duties and liabilities of the Lessor”
Section 550 “The Lessor is liable for any defects which arise during the continuance of the contract and he must make all the repairs which may become necessary, except those which are by law or custom to be done by the lessee.”
“Duties and liabilities of the Lessee”
Section 553 “The Lessor is bound to take as much care of the property hired as a person of ordianary prudence would take of his own property, and to do ordinary maintenance and petty repairs.”
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| From above Thai Law we can see that if something get broken, the lessor is responsible for fixing only if it’s a small thing then the lessee has to get it fix himself such as leaking faucet or changing light bulb. However, the argument keeps going because there is no conclusion or a clear meaning of “fixing small thing” such as if three air-conditioning is not cool because it need to fill air coolant and the cost of fixing is 1,200 THB per air-con, the total would be 3,600 THB, now is this a small fixing?
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