Is it possible to raise the rent in Vietnam after renovation?
I'm renting my place and the landlord has remodeled the house I'm renting for cleaner and nicer purpose. After the renovation of the house, the landlord has increased the rent even though the contract is still valid. Is that in accordance with Vietnamese law? Can I terminate my lease in Vietnam? What are regulations on rights of the lessee in Vietnam?
Is it possible to raise the rent in Vietnam after renovation?
Pursuant to Article 89 of the Housing Law 2014, there are regulations on maintenance and renovation of rental housing as follows:
1. The lessor may renovate the house with the consent of the lessee, except for emergency cases or force majeure events; the lessee shall enable the lessor to maintain or renovate the house.
2. The lessor is entitled to adjust the proper rents after finishing the renovation provided that the remaining lease term is shorter than one third of lease term; in case the lessee does not agree with the new rent, he/she entitled to unilaterally terminate the agreement and claim the compensation as prescribed
3. Where the lessee must move his/her residence to carry out the maintenance or renovation of the residence, the parties shall agree on the temporary accommodation and the rent for the period of maintenance and renovation; where the lessee takes care of the accommodation and has paid the rent for the entire period of maintenance or renovation in advance, the lessor must pay this amount back to the lessee. The maintenance or renovation period is not included in the term of the rental agreement. The lessee may continue to rent the house after finishing the maintenance and renovation of the house.
Thus, according to the above provisions, the rental provider's increase in housing price after renovation is in accordance with the provisions of Vietnamese law. If you do not agree with this, the rental agreement may be terminated unilaterally.
What are regulations on rights of the lessee in Vietnam?
Pursuant to Article 28 of the Law on Real Estate Business 2014 , there are provisions on the rights of tenants and works as follows:
1. Request the lessor to transfer buildings by the deadline specified in the agreement.
2. Request the lessor to provide sufficient and truthful information about the building.
3. Exchange the building which is renting to other lessee with the consent of the lessor in writing.
4. Sublet a part of total of the building, if it is agreed in the agreement or the lessor agrees in writing.
5. Keep renting as conditions agreed with the lessor in case the ownership is changed.
6. Request the lessor to repair the building in case the building’ damage is not caused by the lessee’s fault.
7. Request the lessor to Pay compensation for damage caused by the lessor’s fault.
8. Unilaterally terminate performance of the agreement as prescribed in Clause 2 Article 30 of this Law.
9. Exercise other rights specified in the agreement.
Best Regards!
