Many renters often have the same question: In the case of a rental property that is damaged, the landlord or owner must pay for repairs and maintenance. In the article below, Real estate Vietnam will clarify this issue for you to read more references.
The lease contract is defined in Article 472 of the Civil Code 2015 as follows:
“A property lease is an agreement between the parties whereby the lessor transfers the property to the lessee for use in a period of time, the lessee must pay the rent.
Housing lease or house lease contracts for other purposes shall comply with the provisions of this Code, the Housing Law and other relevant law provisions. “
On the obligations of the lessor, Article 477 of the Civil Code 2015 stipulates:
1. The lessors must ensure that the leased property is in the agreed condition and suitable for the lease purpose throughout the lease term; Repair of defects and defects of the leased property, except for minor damage, which, according to custom, must be repaired by the lessee.
- In cases where the leased property is reduced in value but not due to the fault of the lessee, the lessee may request the lessor to do one or several of the following measures:
- Property repair;
- Reduction of rent;
- Change other property or unilaterally terminate the performance of the contract and request compensation for damages if the leased property has a defect that the lessee does not know or the leased property is irreparable. not achieved.
- Where the lessor has been notified but not repaired or repaired not in time, the lessee shall have the right to repair the leased property at reasonable expense but must notify the lessor and request it. The lessor pays the repair cost. “
According to Article 479 of the Civil Code 2015, the lessee has the following obligations:
1. The lessee must keep the leased property, maintenance and minor repairs; If lost or damaged, compensation must be made.
The lessee is not responsible for the natural wear and tear caused by the use of leased assets.
- The lessee may repair and increase the value of the leased property if so agreed by the lessor and have the right to request the lessor to pay the reasonable expenses. “
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If your home is damaged and not your fault, you have the right to ask the homeowner to repair the home. Homeowners are obliged to repair, maintain the home, repair damaged. In the event the homeowner does not intentionally repair or maintain the property, you may repair it and inform the owner of the property and ask the landlord to pay for the repair. In this case, you can also terminate the lease and ask the landlord to pay for damage caused by the damaged home.
TH2: If your home is damaged by an error on your part, you are responsible for repairing and compensating for damages caused by the damaged home. However, you are not responsible for the natural wear and tear caused by using your rental property.
Therefore, you need to compare the above mentioned with your case to see the cause of the damaged house, severe degradation is due to which party can determine who is responsible for repair, carving Restore the house in accordance with the provisions of law.
You are reading the article “If The Rental Property Is Damaged: The Tenant Of Landlord Must Fix It ?” in
the section “Real Estate Law” on the website: https://realestatevietnam.com.vn/.
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