[FREE LEGAL ADVICE]
QUESTION:
Hello, attorneys. I have 3 questions about housing rent and lease, please answer.
In case Party B rents the house together with Party A's belongings and equipment. After 2-3 months of use by Party B, some of the equipment and appliances in the house are damaged. So which side is responsible for fixing that item?
Let me ask: When making a lease and lease agreement, what should the lessee and the lessor need to keep in mind?
In addition to the Housing Law 2014, are there other laws on housing rent and lease?
QUESTION:
Hello, attorneys. I have 3 questions about housing rent and lease, please answer.
In case Party B rents the house together with Party A's belongings and equipment. After 2-3 months of use by Party B, some of the equipment and appliances in the house are damaged. So which side is responsible for fixing that item?
Let me ask: When making a lease and lease agreement, what should the lessee and the lessor need to keep in mind?
In addition to the Housing Law 2014, are there other laws on housing rent and lease?
ANSWERS
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
According to Article 477 of the 2015 Civil Code:
"first. The lessor must ensure that the leased property is in the agreed condition, suitable for the purpose of the lease for the entire lease term; must repair all damage and defects of the leased property, except for minor damage which is customary for the lessee to repair by himself.
Where the leased property reduces its use value without the fault of the lessee, the lessee has the right to request the lessor to take one or more of the following measures:
a) Property repair;
b) Rent reduction;
c) Exchange other assets or unilaterally terminate performance of the contract and demand compensation for damage, if the leased property has defects that the lessee does not know or the leased property cannot be repaired for which the purpose of the lease is. not achieved.
Where the lessor has been notified without the timely repair or repair, the lessee has the right to repair the leased property at a reasonable cost, but must notify the lessor and have the right to request the giver. hire to pay for repairs. ”
According to Article 477 of the 2015 Civil Code:
"first. The lessor must ensure that the leased property is in the agreed condition, suitable for the purpose of the lease for the entire lease term; must repair all damage and defects of the leased property, except for minor damage which is customary for the lessee to repair by himself.
Where the leased property reduces its use value without the fault of the lessee, the lessee has the right to request the lessor to take one or more of the following measures:
a) Property repair;
b) Rent reduction;
c) Exchange other assets or unilaterally terminate performance of the contract and demand compensation for damage, if the leased property has defects that the lessee does not know or the leased property cannot be repaired for which the purpose of the lease is. not achieved.
Where the lessor has been notified without the timely repair or repair, the lessee has the right to repair the leased property at a reasonable cost, but must notify the lessor and have the right to request the giver. hire to pay for repairs. ”
According to Clause 1, Article 479 of the 2015 Civil Code:
"first. The lessee must preserve the leased property, undergo minor maintenance and repairs; If it is lost or damaged, it must be compensated.
The lessee is not responsible for the natural wear and tear resulting from the use of the leased property. ”
According to Clause 6 Article 28 of the 2014 Law on Real Estate Business, a lessee has the right to request the lessor to repair the house in case the house is damaged not due to its fault.
Under Clause 3, Article 29 of the 2014 Law on Real Estate Business, a tenant has an obligation to repair the damage to the house caused by his fault.
"first. The lessee must preserve the leased property, undergo minor maintenance and repairs; If it is lost or damaged, it must be compensated.
The lessee is not responsible for the natural wear and tear resulting from the use of the leased property. ”
According to Clause 6 Article 28 of the 2014 Law on Real Estate Business, a lessee has the right to request the lessor to repair the house in case the house is damaged not due to its fault.
Under Clause 3, Article 29 of the 2014 Law on Real Estate Business, a tenant has an obligation to repair the damage to the house caused by his fault.
Contacting your question, MEDLAW would like to advise as follows:
For the first question, after a period of rent, some equipment and furniture are damaged, which party is responsible for repairing. Since this question lacks information about the error factor, we give the following cases:
- Case 1: If the property is damaged or lost due to the lessee's fault, the lessee must repair and compensate the lessor. However, the lessee is not responsible for natural wear and tear when using such as: stained walls, floors, electrical equipment that are too long, leaky ceilings, ...
- Case 2: If the lessee is damaged but not at the fault of the lessee, the lessee has the right to request the lessor to repair the house. At this point, the lessor is obliged to repair and repair the damage.
- Case 3: If the lessor deliberately fails to repair or maintain it, the lessee can repair it by himself and notify the lessor. In this case, the tenant can also unilaterally terminate the lease and ask the lessor to pay the costs and compensate for any damage.For the second question, when making a lease and lease, the lessee and lessee should note the following:
- Regarding the subject: the parties must satisfy the conditions in Article 119 of the 2014 Housing Law.
- Regarding housing in the transaction: meeting the conditions in Article 118 of the Law on Housing 2014.
- According to Point d, Clause 2, Article 118 of the 2014 Law on Housing, a certificate is not required for a lease transaction. However, the lessor needs to provide the lessee with some proof of ownership of the house.
- The house lease contract must be made in writing, including the contents specified in Article 121 of the 2014 Housing Law.
- When renting a house, it is not required to notarize or authenticate the contract, unless the parties have a need. However, in reality, the parties should still perform notarization and authentication to ensure the legality of the contract.
- The effective time of the contract is agreed upon by the parties. In case there is no agreement, the effective time is the signing of the contract.
The parties perform this transaction in accordance with the order and procedures in Article 120 of the Law on Housing 2014.As for the third question, regarding housing rent and lease, the following Laws govern:
- Civil Code 2015: general adjustments to property lease contracts, forms of contracts, civil act capacity of parties in transactions, ...
- Law on Housing 2014: detailing the housing lease contract (content and form of the contract; conditions on the subject and house in the transaction; order and procedures for implementation, ...)
- Law on Real Estate Business 2014: adjusting real estate (house) in transaction; conditions of organizations and individuals dealing in real estate; business scope; Content contract,…The content upon is our answer to your question. Please message us on the Fanpage or contact us through the hotline (84–28) 2253 7956 or website www.medlaw.vn if you ever need free legal consultancy service.
For the first question, after a period of rent, some equipment and furniture are damaged, which party is responsible for repairing. Since this question lacks information about the error factor, we give the following cases:
- Case 1: If the property is damaged or lost due to the lessee's fault, the lessee must repair and compensate the lessor. However, the lessee is not responsible for natural wear and tear when using such as: stained walls, floors, electrical equipment that are too long, leaky ceilings, ...
- Case 2: If the lessee is damaged but not at the fault of the lessee, the lessee has the right to request the lessor to repair the house. At this point, the lessor is obliged to repair and repair the damage.
- Case 3: If the lessor deliberately fails to repair or maintain it, the lessee can repair it by himself and notify the lessor. In this case, the tenant can also unilaterally terminate the lease and ask the lessor to pay the costs and compensate for any damage.For the second question, when making a lease and lease, the lessee and lessee should note the following:
- Regarding the subject: the parties must satisfy the conditions in Article 119 of the 2014 Housing Law.
- Regarding housing in the transaction: meeting the conditions in Article 118 of the Law on Housing 2014.
- According to Point d, Clause 2, Article 118 of the 2014 Law on Housing, a certificate is not required for a lease transaction. However, the lessor needs to provide the lessee with some proof of ownership of the house.
- The house lease contract must be made in writing, including the contents specified in Article 121 of the 2014 Housing Law.
- When renting a house, it is not required to notarize or authenticate the contract, unless the parties have a need. However, in reality, the parties should still perform notarization and authentication to ensure the legality of the contract.
- The effective time of the contract is agreed upon by the parties. In case there is no agreement, the effective time is the signing of the contract.
The parties perform this transaction in accordance with the order and procedures in Article 120 of the Law on Housing 2014.As for the third question, regarding housing rent and lease, the following Laws govern:
- Civil Code 2015: general adjustments to property lease contracts, forms of contracts, civil act capacity of parties in transactions, ...
- Law on Housing 2014: detailing the housing lease contract (content and form of the contract; conditions on the subject and house in the transaction; order and procedures for implementation, ...)
- Law on Real Estate Business 2014: adjusting real estate (house) in transaction; conditions of organizations and individuals dealing in real estate; business scope; Content contract,…The content upon is our answer to your question. Please message us on the Fanpage or contact us through the hotline (84–28) 2253 7956 or website www.medlaw.vn if you ever need free legal consultancy service.
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