Most families and individuals who work far away have to rent houses. However, not everyone pays attention to the legal issues associated with house renting. When not having a clear understanding, tenants may face difficult and complicated problems. So, in this article, LSX legal firm would like to provide you with: “Regulations tenants need to know to avoid risks in Vietnam “
Legal ground
- Law on Housing 2014
Housing agreement
The contracting parties shall conclude the housing agreement in writing. The housing agreement includes:
- Full names of individuals, names of organizations, and addresses of contracting parties.
- Description of characteristics of the house and the piece of land attached to that house. Regarding agreements on apartment sale or lease purchase, contracting parties must state the common areas or common-using areas; private areas; floor areas; purposes of the common areas, or common-using areas in the apartment building according to the approved design.
- The value of contributed capital, the transaction price of housing if there is a term on pricing in the agreement; regarding transactions in housing sale, lease, or lease purchase which is regulated pricing by the State, contracting parties shall comply with that regulations.
- Deadline for and method of payment regarding transactions in housing sale, lease, lease purchase, or transfer of agreements on housing sale.
- Deadline for housing transfer; housing warranty duration regarding transactions in buying or renting and buying new house; terms of agreements on housing lease, lease purchase, mortgage, lending, permission for stay, authorization of housing management; deadline for capital contribution.
- Rights and obligations of contracting parties.
- Commitments of contracting parties.
- Other agreements.
- The effective date of the agreement.
- Date of the agreement.
- Signatures and full names of contracting parties, or stamps (if any) and positions of the signatories regarding organizations.
According to Article 122 of the Law on Housing 2014, the parties do not have to notarize or authenticate the rental contract unless otherwise agreed.
To ensure benefits, when renting a house, tenants need to pay attention that both parties must have a clear contract so that in case a dispute arises, the interests will be guaranteed.
Unilateral termination of lease agreement of the lessor
According to Article 428 of the Civil Code 2015 and Article 132 of the Law on Housing 2014, during the rental period as agreed in the contract, the landlord can only unilaterally terminate and withdraw the rented house if it belongs to one of the following 07 cases:
- The lessor leases out the state-owned houses or social houses ultra vires and not satisfying requirements as prescribed in this Law;
- The lessee has not paid the rent for 3 months or more without reasonable explanation;
- The lessee uses the house for improper purposes as agreed in the agreement;
- The lessee expands, renovates, or demolishes the house under the lease agreement without the consent of the homeowner;
- The lessee exchanges, lends, and sublets the house under the lease agreement without the consent of the lessor;
- The lessee still creates disorder or breaches hygiene an environmental conditions causing negative effects on activities of the neighborhood although he/she is warned for the third time by the lessor or the chief of the neighborhood, the chief of the village;
- If the lessor renovates the house with the consent of the lessee although the lease term does not expire, the lessor is entitled to adjust the housing rents. The new rent shall be agreed upon by the contracting parties; if not, the lessor has the right to unilaterally terminate the lease agreement and pay compensation to the lessee as prescribed.
Rights to continue renting houses
In case the homeowner dies but the lease has not expired, the lessee has the right to continue renting the house for the rest of their lease term.
The heir must keep performing the lease agreement unless otherwise agreed.
If the homeowner has no lawful heir as prescribed, that house shall be under the ownership of the State and the lessees have the right to continue renting as prescribed in regulations on the management and use of state-owned houses.
In case the homeowner transfers ownership of the house under the lease agreement to other people but the lease term has not expired, the lessee has the right to continue renting for the rest of their lease term; the new homeowner must keep performing the lease agreement unless otherwise agreed.
If the lessee dies but the lease term has not expired, any people living with the lessee has the right to continue renting for the rest of the lease term, except for the official residence lease or unless otherwise agreed.
Unilateral termination of lease agreement of the lessee
The lessee has the right to terminate unilaterally the lease agreement:
- Firstly, the lessor does not repair the house when seriously damaged;
- Secondly, the lessor increases the rents unreasonably or increases the rents without notification to the lessee;
- Thirdly, the right to the enjoyment of the house restricted by the interests of a third party.
On the other hand, if any party unilaterally terminates the lease agreement, that party must inform the other party for at least 30 days, unless otherwise agreed; if he/she commits violations mentioned in this Clause and cause damage, he/she must pay compensation as prescribed.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Regulations tenants need to know to avoid risks in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
Firstly, a notarization request containing information on the full name and address of the notarization requester, contents to be notarized, and list of enclosed papers; the name of the notarial practice organization, the full name of the dossier recipient, and time of dossier receipt;
Secondly, the draft contract or transaction;
Thirdly, a copy of the personal identity paper of the notarization requester;
Fourthly, a copy of the ownership certificate or use right certificate or its substitute paper as permitted by law for assets subject to ownership or use right registration under law, in case the contract or transaction is related to those assets;
Lastly, copies of other papers related to the contract or transaction as required by law.
A rental agreement does not require a deposit. The renter and the lessor have the right to agree or not to agree on the deposit in the contract. The deposit is only to ensure that the parties in the contract perform their obligations properly.
The parties must make a house lease contract in writing but do not require notarization or authentication, unless requested by the contracting parties. Although the current law stipulates that housing rental contracts are not required to be notarized or authenticated, contracting parties need to carefully consider whether it is necessary to notarize the contract, especially when entering into a high-value contract.
In case the parties entering into a house lease contract do not need notarization or authentication, whether or not to ask witnesses, the contract will have its validity, if such contract complies with the provisions of content and form as prescribed in Article 121 of the Law on Housing 2014.
Conclusion: So the above is Regulations tenants need to know to avoid risks in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
