Renting Housing, Lodging, The Fear of Losing the Deposit!

On forums and websites, there are numerous advertisements about cheap rental houses and rooms targeting the common psychology of renters. Some naive individuals may visit a rental room, find it quite satisfactory, and, combined with the sweet talk of the landlord, immediately make a deposit. In cases where the landlord demands a deposit to hold the room, threatening that it will be rented out to someone else the next day, they reluctantly put down the money to secure the lease. However, on the day they move in, they are shocked to find unexpected increases in rental costs due to additional charges for electricity, water, internet, etc. Furthermore, landlords may create difficulties by demanding additional deposits, requiring the payment of initial monthly fees, or falsely claiming damages, effectively "forcing tenants out" to forfeit their deposit.

Making a rental deposit is an assurance of the conclusion or performance of a civil contract. The 2005 Civil Code stipulates: "In the event that a civil contract is concluded and performed, the deposited property shall be returned to the depositor or deducted for payment obligations; if the depositor refuses to conclude or perform the civil contract, the deposited property shall belong to the deposit receiver; if the deposit receiver refuses to conclude or perform the civil contract, such person shall return to the depositor the deposited property and an amount equivalent to the value of the deposited property, unless otherwise agreed upon." Thus, the deposit will be returned if the landlord refuses to rent, but if the tenant refuses to rent, they will lose the deposit. This is a disadvantage for the tenant, hence tenants must carefully consider their decision to rent and place a deposit. However, tenants can reclaim the deposit if both parties have a specific agreement regarding the deposit amount or if the tenant has grounds to prove that the landlord violated the contract as initially agreed.

When renting a house or room, tenants should note the following points:

- Clearly understand the area and location you intend to rent. Ensure that the house or rental block is owned by the principal owner, or, if authorized, there must be specific, valid transaction documents;- Check the condition, quality, and safety of the existing equipment and fixtures within the rental house or room;- The landlord must be a person with civil capacity;- It is advisable to establish a detailed, clear contract specifying the deposit amount, rent, charges for electricity and water, rental term, wear and tear of assets during use, etc.

Currently, the law does not require rental contracts to be notarized. Therefore, when establishing a rental contract, both parties must agree and clearly, specifically note the terms to complete the form and content to avoid disputes.

If there is evidence that the landlord has violated the contract, the tenant can file a lawsuit in court to protect their legitimate rights and interests.

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