In Vietnam, can the lessees still stay in the house when the landlord mortgages it?
In Vietnam, can the lessees still stay in the house when the landlord mortgages it? What are regulations on mortgage on jointly-owned houses in Vietnam?
Hello Lawnet. I am renting a rooming house in Go Vap district. Recently, I found out that my landlord had mortgaged the house. Can the lessees still stay in the house when the landlord mortgages it? Thank you!
In Vietnam, can the lessees still stay in the house when the landlord mortgages it?
Pursuant to Article 146 of the Law on Housing in 2014 stipulating mortgage on houses under lease agreements in Vietnam as follows:
1. The homeowner is entitled to mortgage the house under lease agreement provided that he/she notify the lessees of the mortgage in writing in advance. The lessees are entitled to keep renting for the rest of the lease term.
2. In case the house under the lease agreement is settled to fulfill the obligations of the mortgagor, the lessees are entitled to keep renting for the rest of the lease term, unless the lessees commit violations prescribed in Clause 2 Article 131 of this Law or otherwise agreed.
As regulations above, if the landlord mortgages the house, the lessees are entitled to keep renting for the rest of the lease term.
What are regulations on mortgage on jointly-owned houses in Vietnam?
Pursuant to Article 145 of the Law on Housing in 2014 stipulating mortgage on jointly-owned houses in Vietnam as follows:
The mortgage on jointly-owned houses must be agreed in writing by joint owners, except for mortgage on houses under tenancy in common. The joint owners of the house under tenancy by the entirety have joint liability to fulfill obligations of the mortgagor as prescribed in the Civil Code.
Best regards!
