Do only lessors have right to increase the rental price in Vietnam? Can a lessor sell a rental house in Vietnam?

Do only lessors have right to increase the rental price in Vietnam?

The problem is as follows: I signed a lease agreement with Ms. An in May 2018 and the agreement expires at the end of May 2020. The rental price in the agreement is 4 million/month. In July 2019, Ms. An recently sold this house to Mr. Anh and informed me that after transferring ownership of the house, Mr. Anh suggested that if I wanted to continue renting the house, I would have to raise the rent to 4. 5 million. Let me ask Mr. Anh, is this request correct? Thank you for your answers.

Reply:

Pursuant to Clause 2, Article 133 of the 2014 Housing Law stipulates:

2. If the homeowner transfers ownership of the house under lease agreement to other people but the lease term has not expired, the lessee has right to continue renting for the rest of their lease term; the new homeowner must keep performing the lease agreement, unless otherwise agreed.

According to the information you gave, the contract is still valid until May 2020, but Mr. Anh just received the transfer and was forced to increase the rental price. Thus, based on the above regulations in Vietnam, you can continue to rent the above house for 4 million/month and Mr. Anh has no right to force you to pay more rent.

Do only lessors have right to increase the rental price in Vietnam? Can a lessor sell a rental house in Vietnam? (Image from the Internet)

Can a lessor sell a rental house in Vietnam?

I am the owner of a house on Quang Trung Street, Go Vap District. I rented the house to a couple for a period of 2 years, currently the rental period has been for one year. However, I need money so I plan to sell this house. Can I sell this house if the lease agreement is still valid for 1 year?

Reply:

Pursuant to Clause 1, Article 127 of the 2014 Housing Law regulations

1. In case a homeowner buys a house under a lease agreement, he/she must notify the lessees in writing of the sale and requirements for sale; if the lessees have paid off the rents up to the date on which the notification is sent, they shall acquire pre-emption rights to buy the house, except for jointly-owned houses; if the house is not bought by any lessee within 30 days from the date of which the lessees receive the notification, the homeowner is entitled to sell the house to other people, unless both contracting parties otherwise agreed about the deadline.

2. If a state-own house under a lease agreement is sold, it must comply with Section 2 Chapter VI of this Law.

According to the information you provided, the house will be sold for rent. Thus, based on the above regulations in Vietnam, you have right to sell the house you are renting but must give priority to selling to the current lessee if the lessee wants to buy, in case the lessee wants to buy but does not buy after 30 days. From the date you notify, you have the right to sell to others in Vietnam.

When does the lessor terminate the lease agreement in Vietnam?

Hello, I'm a first-year student who just moved to Saigon to rent a house. I heard that when renting a house, you must have a lease agreement. However, when I first rented this place, I only received rental deposit of 1 month in advance and the rental price per month without a lease agreement, so what should I do if I am living and the lessor asks me to move out? Thank you for your advice and help.

Reply:

- Pursuant to Article 121 of the 2014 Housing Law, housing contracts must be made in writing, meaning there must be a contract => The minutes you receive are considered a contract that only determines the price, so the rights and obligations not agreed upon by the parties will be implemented according to the provisions of law.

- Pursuant to Point a, Clause 2, Article 131 of the 2014 Housing Law, the lease agreement expires; regarding the unlimited term agreement, it shall terminate after 90 days, from the day on which the lessor notify the lessee of the termination of the lease agreement;

According to housing law in Vietnam, when renting a house, it must be made in writing. The receipt you receive is considered a agreement, and any rights and obligations that are not agreed upon will be implemented according to the provisions of law. In this case, if you do not agree on a term to terminate the agreement, the lessor has the right to request termination but must notify you 90 days in advance.

Best regards!