How to find apartments in Hanoi for foreigners

Apartment lease contract  is a civil contract established in writing. Accordingly, the lessor is obliged to hand over the apartment to the lessee for use and the lessee is obliged to pay the rental as agreed. Apartment lease contract is created to ensure the rights and responsibilities of the parties, and is also a legal basis for resolving conflicts that occur during the apartment rental process.

Apartment lease contract is a document used to ensure the interests and responsibilities between the lessor and the lessee

Necessary information in the Apartment lease contract

Carefully reviewing the Apartment lease contract is what you need to do to ensure your rights and avoid unnecessary disputes later. Usually the lease will show the following information.

• Specific information of the lessor and the lessee: The Apartment lease contract needs to show all basic information including full name, identity card, permanent address, phone number, account number of the lessor and the lessee. You should carefully review the information about the owner of the apartment to make sure that all information is correct and complete.
• Details of the apartment for rent: Address, area, condition, structure of the apartment, furniture for rent, ... are the information that should be shown in the contract.
• Deposit to rent the apartment: The term related to the deposit is an important part that you need to pay attention to, because it is the basis for you to get this money after the end of the apartment lease and leave.
• Apartment rental price: You should check if the rental price stated in the contract is correct with the agreement, how long is the application period, what is the payment method,...
• Other surcharges: In addition to the apartment rent, you should also check about other surcharges such as electricity, water, Internet, cable TV, housekeeping fee, management fee, ...
• Contract term: You need to check how long the term of the Apartment lease contract is, is it in accordance with the content that you have agreed with the apartment owner. Besides, you should also pay attention to the condition of unilaterally terminating the Apartment lease contract, in case you are forced to move out before the contract expires.
• Effective time of Apartment lease contract: It is necessary to specify the effective date of the apartment lease contract.
• Contract value: A valid contract is a contract that has been established in writing and signed by both parties.
• In addition, the contract must clearly state the rights and obligations of the two parties, commit that if violated, they will be responsible before the law.

Carefully review the Apartment lease contract is what you need to do to ensure your rights, as well as limit disputes during the apartment rental process.

Types of Apartment lease contracts are popular today

Fixed-term Apartment lease contract

Fixed-term apartment leases are the most common leases today. With this type of contract, the lessor will lease the apartment to the lessee for a fixed period of time, usually 01 year, the contract must clearly state the start and end date of the contract. The two parties are not entitled to change the content of the contract during the rental period, including the rental amount and terms. At the same time, neither you nor the landlord are allowed to terminate the contract early, unless there is a force majeure reason. Thus, a fixed-term lease is suitable if you have clearly defined the length of time you need to stay, providing security because the rental price will not change during the rental period.

However, a few force majeure events arise that may cause you to terminate the contract early. At this point, you will have to spend some money to compensate the landlord. Sometimes, landlords just ask you to pay an extra month's rent or find a new tenant. But in many cases, the landlord will make it difficult for you to terminate the contract early.

>>> See more information on “What happens if the tenancy agreement is terminated early in Vietnam?”

Apartment lease contract automatically renews

An auto-renewing apartment lease is also known as a recurring lease. This type of lease has no end date but automatically renews at the end of the lease term, which can be weekly, monthly, quarterly, or even yearly.

Leases end only when you or the landlord notify the other party of the end of the lease. Usually, at least 30 days' notice is required.

Short-term Apartment lease contract

A short-term apartment lease or recurring lease is a lease that is usually for a term of 30 days. This type of contract is suitable if you are only staying for a short time and can notify the landlord to cancel the contract if you do not want to continue renting.

Short-term Apartment lease contracts bring flexibility to both landlords and tenants

However, the downside of this type of contract is that the landlord can change the terms of the contract, be it increasing the rent or changing the regulations. Landlords are also allowed to cancel your tenancy with just the right notice.

Things to note about Apartment lease contracts to ensure optimal benefits

The Apartment lease contract must be made in writing, but notarization is not required

According to Article 121 of the Law on Housing, an apartment contract will be agreed upon by the parties and must be made in writing, including the contents mentioned in the first section of the article. Regarding the issue of notarization of Apartment lease contracts, currently there is no mandatory regulation in Vietnamese law. However, the notarization of the contract is considered a safety measure on legal issues for you, avoiding unnecessary risks of disputes.

Cases where the apartment owner has the right to unilaterally terminate the contract

The cases where the apartment owner has the right to unilaterally terminate the Apartment lease contract ahead of time is something that you need to know to ensure that the apartment owner is properly exercising his/her rights and obligations, and can request The landlord will compensate you if you violate the provisions of the tenancy agreement.

According to current Vietnamese law, the apartment owner is only allowed to unilaterally terminate the lease contract in the following 07 cases:

• Termination of apartment rental due to contract expiration. In case your Apartment lease contract is an indefinite term contract, the contract will be terminated after 90 days from the date the apartment owner gives you notice of the termination of the lease.
• Termination of the Apartment lease contract as agreed between the two parties.
• The rental apartment is no longer available.
• The landlord dies or goes missing (with a Court declaration of disappearance) with no one to live with.
• The apartment for rent is in a state of serious damage, in danger of collapsing, falling or the building area has land recovered, cleared, requisitioned for other purposes or forced to be demolished at the discretion of the agency. competent authority. At this point, the landlord must give you 30 days' written notice to terminate the contract, unless otherwise agreed between the two parties.
• The apartment owner unilaterally terminates the contract because the building is owned by the State, social housing, so the rental is not in accordance with the law.
• You do not pay the rent for the apartment for 15 days or more without a valid reason, you destroy, renovate, sublease, lend,... the apartment without the consent of the owner. apartment, you have acts of disorder, unsanitary, affecting the surrounding environment, ...

The right to continue renting the apartment in some special cases

• In the event that the owner of the apartment dies and the apartment rental term is still available, you are still allowed to continue renting until the contract expires. At this time, the heir to the apartment will be responsible for continuing the contract, unless otherwise agreed between the two parties.
•  In case the owner of the apartment transfers ownership to another person but the lease term expires, you are still entitled to rent until the contract expires. The new owner of the apartment will be responsible for continuing to perform the contract, unless otherwise agreed between the two parties.

In case the tenant has the right to unilaterally terminate the contract

You will have the right to unilaterally terminate the Apartment lease contract ahead of time in the following cases:

• The owner of the apartment does not make repairs to the apartment when there is severe damage, even though you have given notice in advance.
• The owner of the apartment notices an unreasonable increase in the rent and without any prior notice to you.
• Your right to use the apartment is affected and restricted due to the benefit of a third party.

However, you need to give at least 30 days notice to the apartment owner of the request and reason for the termination of the contract. Otherwise, the landlord may force you to pay for the damage.

Some regulations on registration of permanent and temporary residence

According to the provisions of article 27 of the Law on Residence 2020 on the conditions for temporary residence registration in Vietnam, when citizens come to live at a lawful place of residence other than the registered address of permanent residence to work, study or for other purposes. Other than 30 days or more, it is mandatory to register temporary residence with the competent authority in that area.

For foreigners, when coming to Vietnam, they must also go through the person directly managing and operating the apartment to declare temporary residence to the State agency within 12 hours from the time of arrival.

About the conditions to be able to apply for permanent residence in Vietnam for foreigners, you can refer to this article. “https://propertyplus.com.vn/blog/procedures-for-foreigners-to-reside-in-vietnam-18”.

Above are all the notes about the Apartment lease contract that Property Plus wants to share with you. If you need to find out more information about apartments for rent in Hanoi or tips for foreigners living in Vietnam, please visit the website https://propertyplus.com.vn/!