Does the house lease contract agreement form handwritten and notarized documents that are legally valid? This is a question that many renters and tenants are concerned about today.
To better understand this case, realestatevietnam poses the following question:
In 2010, England A rented a house of 65sqm in Binh Thanh District, the lease term is 3 years, the deposit before 6 months rent. A written, uncertified lease. In the contract with the clause “the lessee is not entitled to reclaim the house before the termination of the contract under any reason, if the violation will have to compensate the lessee three times the amount of the deposit.”
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However, in recent times, the tenant has repeatedly threatened Mr. A with a view to finding a way to take back the rental property before the contract expires. So in this case, hand written lease is legal? If Mr. A (the lessee) file a lawsuit against the landlord, are there legal conditions to win the case?
The answer to whether a written lease is legal
Pursuant to the provisions of Article 472 of the Civil Code 2015 on property lease contracts as follows:
“Article 472.- Property lease contracts
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.
House lease contracts and house lease contracts for other purposes shall comply with the provisions of this Code, the Housing Law and other relevant law provisions. “
At the same time, Article 474 of the Civil Code 2015 specifies the term of lease as follows:
“1. The lease term shall be agreed upon by the parties; If no agreement is reached, it shall be determined for the purpose of the lease.
- Where the parties do not agree on the lease term and the lease term can not be determined for the purpose of lease, either party shall have the right to terminate the contract at any time, but must notify the other party at least one reasonable time. “
From the data above, in the case of Mr. A, in principle when the two parties have agreed on the contents of the contract, it must be obliged to comply with the agreement specified in that contract. Accordingly, the landlord is not allowed to cause troubles and difficulties to the lessee (Mr. A) within the lease term of 3 years, and also not be allowed to reclaim the lease before the contract ends.
In terms of the validity of the lease, pursuant to Article 121 of the Housing Law of 2014 as follows:
“Article 121.- Contracts on houses
Housing contracts shall be agreed upon by the parties and must be made in writing and include the following contents:
- Full name of the individual, name of the organization and address of the parties;
- Describe the characteristics of the transaction house and characteristics of the land plot attached to that house. For a sale and purchase contract or a contract for rent-purchase of an apartment, the parties must clearly state the ownership and use of the apartment; used area under private ownership; floor area of apartment building; The purpose of use of the common ownership, common use in the condominium for the purpose of the design was originally approved.
- The value of capital contribution and price of house transaction if the contract has price agreement; In case of purchase, sale, lease or lease purchase of dwelling houses where the State provides regulations on prices, the parties must comply with such regulations;
- The time limit and mode of payment of money, if it is the case of purchase, sale, lease, lease, transfer or transfer of house purchase and sale contracts;
- Time of delivery and receipt of houses; The duration of the house warranty shall be if the purchase or hire purchase of a house is invested in new construction; term of lease, lease purchase, mortgage, lend, house stay, authorize the management of housing; the time limit for capital contribution;
- Rights and obligations of the parties;
- Commitment of the parties;
- Other agreements;
- Time of entry into force of the contract;
- Date of signing the contract;
- The signature and full name of the parties, if being an organization, must be stamped (if any) and clearly stating the position of the signatory. “
This is a new provision if, under the Housing Act 2006 and the Civil Code 2005, if the tenancy period is 6 months or more, notarization, authentication or registration is required. The law provides otherwise. However, the law now extends far more than this, so that the lease agreement will be mutually agreed, must be made in writing but not required to be notarized or certified.
Therefore, in this case, the lease contract between Mr. A and the employer is a written contract, not notarized but still legally valid. Therefore, Mr. A has the right to request the lessor to comply with the lease term, if not, Mr. A has the right to initiate a lawsuit to request the settlement, to protect your right.
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