Clubs · Nov 17, 2024 · 3 min read
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Clubs · Nov 17, 2024 · 3 min read
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This article provides detailed information on the rights and obligations of both landlords and tenants of residential properties in Vietnam, including legal terms to be followed and important considerations to ensure the rights of both parties.
(1) The lessor has the following rights and obligations:
* Rights of the lessor according to Article 26 of the Law on Real Estate Business 2014.
- Require the tenant to receive the house and construction works within the time agreed in the contract.
- Require the lessee to pay in full on time and in the manner agreed upon in the contract.
- Require the tenant to preserve and use the house and construction works according to the agreement in the contract.
- Require the lessee to compensate for damages or repair damage caused by the lessee's fault.
- Renovate and upgrade houses and construction works for rent with the tenant's consent but must not affect the tenant.
- Unilaterally terminate the contract performance according to the provisions of Clause 1, Article 30 of this Law.
- Require the lessee to return the house or construction when the lease term expires; in case the contract does not specify a lease term, the house or construction may only be taken back after notifying the lessee 6 months in advance.
- Other rights in the contract.
* The lessor performs obligations according to Article 27 of the Law on Real Estate Business 2014.
- Hand over the house and construction works to the lessee according to the agreement in the contract and instruct the lessee to use the house and construction works according to the correct function and design.
- Ensure the lessee has stable use of the house and construction works during the lease term.
- Maintain and repair houses and construction works periodically or according to agreement; if the lessor fails to maintain or repair houses and construction works causing damage to the lessee, compensation must be paid.
- The contract cannot be unilaterally terminated when the lessee properly performs its contractual obligations, unless the lessee agrees to terminate the contract.
- Compensate for damages caused by your own fault.
- Fulfill financial obligations to the State as prescribed by law.
- Other obligations in the contract.
(2) The tenant has the following rights and obligations under Articles 28 and 29 of the 2014 Law on Real Estate Business:
* Rights of the tenant:
- Require the lessor to deliver the house and construction works as agreed in the contract.
- Require the lessor to provide complete and honest information about the house and construction.
- The house or construction being rented may be exchanged with another tenant if the lessor agrees in writing.
- Subletting part or all of the house or construction works if agreed in the contract or agreed in writing by the lessor.
- Continued lease under the terms agreed with the lessor in case of change of ownership.
- Require the lessor to repair the house or construction in case the house or construction is damaged not due to the lessee's fault.
- Require the lessor to compensate for damages caused by the lessor's fault.
- Unilaterally terminate the contract performance according to the provisions of Clause 2, Article 30 of this Law.
- Other rights in the contract.
* Obligations of the tenant:
- Preserve and use houses and construction works in accordance with their functions, designs and agreements in the contract.
- Pay full rent and construction fees on time and in the manner agreed upon in the contract.
- Repair damage to houses and construction works caused by your own fault.
- Return the house and construction works to the lessor according to the agreement in the contract.
- Do not change, renovate or demolish the house or construction without the consent of the lessor.
- Compensate for damages caused by your own fault.
- Other obligations in the contract.
Thus, when performing a housing lease contract, the tenant and the landlord enjoy the rights and are responsible for performing the obligations as prescribed by law.
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