Factors to note in the Lease Contract.
Previously, the regulations on renting were mainly regulated in the Civil Code, which is now concretized in the specialized law of the 2014 Housing Law and guiding documents.
Previously, the regulations related to renting were mainly regulated in the Civil Code but now are specified in the specialized law of the 2014 Housing Law and guiding documents. The issues to note are:
1. Lease term and rent price of houses:
According to Article 129 of the Law on Housing specifies the lease term and rent price:
- The lessor and the lessee may agree on the lease term, rent price and method of payment of rent periodically or in lump sum; In cases where the State has regulations on house rents, the parties must comply with those provisions.
- In case the house lease contract has not expired but the lessor has renovated the house and the lessee agrees, the lessor is entitled to adjust the rent. The rent of new houses shall be agreed upon by the parties; If no agreement is reached, the lessor may unilaterally terminate the lease contract and pay compensation to the lessee in accordance with law.
- The lessor and the lessee are legally protected the rights and interests in the process of renting and leasing the house.
2. Naturally terminating the house lease contract:
Under the provisions of Clause 2, Article 131 of the Law on Housing stipulates that the lease of houses is not state-owned, the termination of the lease contract shall be implemented in one of the following cases:
- The lease contract expires; If the contract does not specify a term, the contract shall be terminated after 90 days from the date the lessor notifies the lessee of the termination of the contract;
- The two parties agree to terminate the contract;
- Houses for rent no longer;
- The lessee dies or is declared missing by the Court but no one is living with them when they die or go missing;
- The leased house is seriously damaged, in danger of collapse or in an area that has been subject to a decision on land acquisition, house clearance or a decision on demolition by a competent state agency; rental houses subject to the compulsory purchase and requisition of the State for use for other purposes.
- The lessor must notify in writing to the lessee 30 days in advance of the termination of the house lease contract specified at this Point, unless otherwise agreed by the parties;
3. In particular, the case of unilateral termination of the housing lease contract prescribed in Article 133 of the Housing Law: the parties should consider and agree on unilaterally terminating the contract in accordance with the following provisions to ensure rights and benefits.
"first. During the lease term as agreed in the contract, the lessor may not unilaterally terminate the lease contract and recover the house under lease agreement, except for the cases specified in Clause 2 of this Article.
2. The house lessor has the right to unilaterally terminate the lease contract and recover the house under lease agreement in one of the following cases:
a) The lessor of a state-owned house or social house leases out of his / her competence, or to an incorrect subject or in accordance with this Law;
b) The lessee has not paid the rent as agreed in 03 months or more without good reason;
c) The lessee uses the house for improper purposes as agreed in the contract;
d) The lessee arbitrarily demolishes, renovates, renovates or demolishes the house under lease agreement;
d) The lessee transforms, lends or subleases the leased house without the consent of the lessor;
e) The lessee causes disorder and environmental sanitation, seriously affects the activities of those around the house that have been leased by the lessor or the head of a residential group, the head of a village, hamlet, village or village , phum, squirrel make the record to the third time but still do not fix it;
g) In the case specified in Clause 2, Article 129 of this Law.
3. The lessee has the right to unilaterally terminate the performance of a house lease contract when the lessor commits one of the following acts:
a) Failing to repair houses when seriously damaged;
b) Increasing the unreasonable rent or increasing the rent without notifying the lessee thereof in advance as agreed;
c) When the right to use the house is restricted due to the interests of a third person.
4. The party unilaterally terminating the house-leasing contract must notify the other party at least 30 days in advance, unless otherwise agreed upon by the parties; If violations of this Clause cause damage, they must pay compensations therefor according to the provisions of law. "
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.
DAI VIET LAW CO., LTD-
TRAN HUNG NOTARY OFFICE
Address: No. 28 Lieu Giai Street - Ba Dinh - Hanoi
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
Previously, the regulations related to renting were mainly regulated in the Civil Code but now are specified in the specialized law of the 2014 Housing Law and guiding documents. The issues to note are:
1. Lease term and rent price of houses:
According to Article 129 of the Law on Housing specifies the lease term and rent price:
- The lessor and the lessee may agree on the lease term, rent price and method of payment of rent periodically or in lump sum; In cases where the State has regulations on house rents, the parties must comply with those provisions.
- In case the house lease contract has not expired but the lessor has renovated the house and the lessee agrees, the lessor is entitled to adjust the rent. The rent of new houses shall be agreed upon by the parties; If no agreement is reached, the lessor may unilaterally terminate the lease contract and pay compensation to the lessee in accordance with law.
- The lessor and the lessee are legally protected the rights and interests in the process of renting and leasing the house.
2. Naturally terminating the house lease contract:
Under the provisions of Clause 2, Article 131 of the Law on Housing stipulates that the lease of houses is not state-owned, the termination of the lease contract shall be implemented in one of the following cases:
- The lease contract expires; If the contract does not specify a term, the contract shall be terminated after 90 days from the date the lessor notifies the lessee of the termination of the contract;
- The two parties agree to terminate the contract;
- Houses for rent no longer;
- The lessee dies or is declared missing by the Court but no one is living with them when they die or go missing;
- The leased house is seriously damaged, in danger of collapse or in an area that has been subject to a decision on land acquisition, house clearance or a decision on demolition by a competent state agency; rental houses subject to the compulsory purchase and requisition of the State for use for other purposes.
- The lessor must notify in writing to the lessee 30 days in advance of the termination of the house lease contract specified at this Point, unless otherwise agreed by the parties;
3. In particular, the case of unilateral termination of the housing lease contract prescribed in Article 133 of the Housing Law: the parties should consider and agree on unilaterally terminating the contract in accordance with the following provisions to ensure rights and benefits.
"first. During the lease term as agreed in the contract, the lessor may not unilaterally terminate the lease contract and recover the house under lease agreement, except for the cases specified in Clause 2 of this Article.
2. The house lessor has the right to unilaterally terminate the lease contract and recover the house under lease agreement in one of the following cases:
a) The lessor of a state-owned house or social house leases out of his / her competence, or to an incorrect subject or in accordance with this Law;
b) The lessee has not paid the rent as agreed in 03 months or more without good reason;
c) The lessee uses the house for improper purposes as agreed in the contract;
d) The lessee arbitrarily demolishes, renovates, renovates or demolishes the house under lease agreement;
d) The lessee transforms, lends or subleases the leased house without the consent of the lessor;
e) The lessee causes disorder and environmental sanitation, seriously affects the activities of those around the house that have been leased by the lessor or the head of a residential group, the head of a village, hamlet, village or village , phum, squirrel make the record to the third time but still do not fix it;
g) In the case specified in Clause 2, Article 129 of this Law.
3. The lessee has the right to unilaterally terminate the performance of a house lease contract when the lessor commits one of the following acts:
a) Failing to repair houses when seriously damaged;
b) Increasing the unreasonable rent or increasing the rent without notifying the lessee thereof in advance as agreed;
c) When the right to use the house is restricted due to the interests of a third person.
4. The party unilaterally terminating the house-leasing contract must notify the other party at least 30 days in advance, unless otherwise agreed upon by the parties; If violations of this Clause cause damage, they must pay compensations therefor according to the provisions of law. "
If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.
DAI VIET LAW CO., LTD-
TRAN HUNG NOTARY OFFICE
Address: No. 28 Lieu Giai Street - Ba Dinh - Hanoi
Tel: (04) 37478888 Fax: (04) 37473966
Hot-line: 0933.668.166
Email: info@luatdaiviet.vn
Website: www.luatdaiviet.vn
