Clubs · Dec 12, 2024 · 4 min read
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Clubs · Dec 12, 2024 · 4 min read
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This article provides detailed information about the obligations that tenants must fulfill under Vietnamese law. It helps tenants understand their responsibilities in complying with the lease agreement, from paying rent on time to maintaining the rented property.
Pursuant to the provisions from Article 479 of the 2015 Civil Code to Article 482 of the 2015 Civil Code with the following contents:
“Article 479. Obligation to preserve leased property
1. The lessee must preserve the leased property, maintain it and make minor repairs; if lost or damaged, compensation must be paid.
The lessee is not responsible for natural wear and tear due to the use of the leased property.
2. The lessee may repair and increase the value of the leased property, if agreed by the lessor, and has the right to request the lessor to pay reasonable costs.
Article 480. Obligation to use leased property for the correct purpose and use
1. The lessee must use the leased property in accordance with its intended use and for the agreed purpose.
2. In case the lessee uses the property for an incorrect purpose or for an incorrect purpose, the lessor has the right to unilaterally terminate the contract and request compensation for damages.
Article 481. Payment of rent
1. The lessee must pay the full rent on time as agreed; if there is no agreement on the time limit for paying the rent, the time limit for paying the rent shall be determined according to the custom at the place of payment; if the time limit cannot be determined according to custom, the lessee must pay when returning the leased property.
2. In case the parties agree to pay rent in installments, the lessor has the right to unilaterally terminate the contract if the lessee fails to pay for three consecutive installments, unless otherwise agreed or otherwise provided by law.
Article 482. Return of leased property
1. The lessee must return the leased property in the same condition as when received, except for natural wear and tear, or in the agreed condition; if the value of the leased property is reduced compared to the condition when received, the lessor has the right to claim compensation for damages, except for natural wear and tear.
2. In case the leased property is movable property, the place of return of the leased property is the residence or head office of the lessor, unless otherwise agreed.
3. In case the leased property is livestock, the lessee must return the leased livestock and any livestock born during the lease period, unless otherwise agreed. The lessor must pay the lessee the cost of caring for the livestock born.
4. When the lessee is late in returning the leased property, the lessor has the right to request the lessee to return the leased property, pay the rent during the late period and compensate for damages; the lessee must pay a penalty for late return of the leased property, if agreed.
5. The lessee shall bear the risk of loss of the leased property during the period of delay.”
Based on the above regulations, the tenant must perform the following obligations:
- The obligation to preserve the leased property means that the lessee must preserve the leased property, maintain it and make minor repairs; if it is lost or damaged, compensation must be paid. The lessee may repair and increase the value of the leased property, if agreed by the lessor, and has the right to request the lessor to pay reasonable costs.
- The obligation to use the leased property for the correct purpose and use means that the lessee must use the leased property in accordance with the property's intended use and the agreed purpose. If the lessor violates this obligation, he/she has the right to unilaterally terminate the contract and request compensation for damages.
- Payment of rent means that the lessee must pay the full rent on time as agreed; if there is no agreement on the time limit for paying the rent, the time limit for paying the rent shall be determined according to the custom at the place of payment; if the time limit cannot be determined according to custom, the lessee must pay when returning the leased property.
- Returning the leased property means that the lessee must return the leased property in the same condition as when received, except for natural wear and tear, or in the agreed condition; if the value of the leased property is reduced compared to the condition when received, the lessor has the right to request compensation for damages, except for natural wear and tear.
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