Responsibilities of tenants when causing damage to the rental property. Which court has jurisdiction to resolve damage compensation caused by tenants?
Responsibilities of the Tenant for Damage to the Rental Property
Based on the provisions of Article 29 Real Estate Business Law 2014 stipulated as follows:
Obligations of the Tenant of the House or Building
1. Maintain and use the house or building according to its intended purpose, design, and agreement in the contract.
2. Pay the rent for the house or building in full and on time as agreed in the contract.
3. Repair damages to the house or building caused by their own fault.
4. Return the house or building to the landlord in accordance with the agreement in the contract.
5. Do not alter, renovate, or demolish the house or building without the landlord’s consent.
6. Compensate for damages caused by their own fault.
7. Other obligations as stipulated in the contract.
According to the above provisions, if the tenant causes damage to the rental property, they must compensate for the damages caused by their fault.
Based on Article 585 of the Civil Code 2015, principles of compensation for damages are stipulated as follows:
Principles of Compensation for Damages
1. Actual damages must be fully and promptly compensated. The parties can agree on the amount, form of compensation in cash, in kind or by carrying out a task, and the method of one-time or multiple-payments, unless otherwise provided by law.
2. The person responsible for compensating damages may have the compensation reduced if they have no fault or if their unintentional fault has caused damages that are too large compared to their economic capability.
3. When the amount of compensation is no longer appropriate, the aggrieved party or the party causing the damage has the right to request the court or other competent authorities to adjust the amount.
4. If the aggrieved party is at fault for causing the damages, they will not be compensated for the damages caused by their own fault.
5. The party with infringed rights or interests will not be compensated if damages occur due to their failure to take necessary and reasonable measures to prevent or limit damages to themselves.
Based on actual damages to the rental property, the landlord can negotiate with the tenant on the amount of compensation, the form of compensation, and the method of compensation.
What is the responsibility of the tenant when damaging the rental property? Which authority has the jurisdiction to handle compensation for damages caused by the tenant?
Which Court Has Jurisdiction to Handle Compensation for Damages Caused by the Tenant?
Based on Clause 1, Article 35 of the Civil Procedure Code 2015, the provisions are as follows:
Jurisdiction of the District People's Court
1. The district people's court has jurisdiction to settle under first-instance procedures the following disputes:
a) Civil, marriage, and family disputes as stipulated in Articles 26 and 28 of this Code, except for disputes specified in Clause 7, Article 26 of this Code;
b) Business, commercial disputes as stipulated in Clause 1, Article 30 of this Code;
c) Labor disputes as stipulated in Article 32 of this Code.
Furthermore, based on Point a, Clause 1, Article 39 of the Civil Procedure Code 2015, the provisions are as follows:
Jurisdiction of the Court by Territory
1. The jurisdiction to settle civil cases of the court by territory is determined as follows:
a) The court where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization, has jurisdiction to settle under first-instance procedures the civil, marriage, family, business, commercial, and labor disputes stipulated in Articles 26, 28, 30, and 32 of this Code;
According to the above provisions, the district court where the person responsible for compensation resides is the competent authority to handle compensation for damages caused by the tenant.
Note: In cases where the parties or properties are located abroad or need to request judicial assistance from representatives of the Socialist Republic of Vietnam abroad, a foreign court, or a competent foreign authority, it does not fall under the jurisdiction of the district people's court.
What Obligations Does the Tenant Have Regarding the Rental Property?
Based on the provisions of Article 477 of the Civil Code 2015, the provisions are as follows:
Obligation to Ensure the Usability of the Leased Property
1. The lessor must ensure that the leased property remains in the agreed condition and is suitable for the intended purpose throughout the lease term; they must repair any defects, except for minor defects which, according to custom, the lessee must repair themselves.
2. If the leased property diminishes in value not due to the lessee’s fault, the lessee has the right to request the lessor to take one or several of the following measures:
a) Repair the property;
b) Reduce the rent;
c) Replace the property or unilaterally terminate the contract and claim damages if the leased property has defects unknown to the lessee or cannot be repaired thereby rendering the purpose of the lease unattainable.
3. If the lessor, after being notified, does not repair the property promptly, the lessee has the right to repair the property themselves with reasonable costs, but must notify the lessor and has the right to request the lessor to cover the repair costs.
Simultaneously, based on Article 479 of the Civil Code 2015, the provisions are as follows:
Obligation to Maintain the Leased Property
1. The lessee must maintain the leased property and carry out minor repairs; if the property is lost or damaged, they must compensate for it. The lessee is not responsible for natural wear and tear due to the use of the leased property.*
2. The lessee can make renovations that increase the value of the leased property if they have the lessor's consent and has the right to request the lessor to cover reasonable costs.
According to the above provisions, the tenant has the following obligations regarding the rental property:
- Maintain the rental property, and if it is damaged, they must compensate for it. The tenant is not responsible for natural wear and tear during the rental period.
- Additionally, the tenant may renovate the rental property with the landlord’s consent. If the renovation increases the value of the rental property, they have the right to request the landlord to cover reasonable costs.
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