Currently, the demand for rent of house/apartment for accommodation or office space to do business is common in society. Upon concluding a lease agreement, the parties usually do not pay attention to the laws on lease of house/apartment/office, so contracting with content very sketchy, sometimes only verbal, not a lease in writing.

I. Attention in signing the lease agreement 

Disputes of house/apartment/office lease is one of the popular current dispute. When the parties entering into a house/apartment/office lease often intentionally or unintentionally miss the important content which easily leads to conflicts later:

  1. Do not carry notarized the house/apartment/office lease agreement which has a term of 6 months legal consequences: If a dispute occurs, the lessor to unilaterally terminate the house/apartment/office lease agreement, the agreement can be declared invalid, null and void for failing to comply fully contracting forms. The parties must return to each other what they have received. Any party that makes the contract void must be responsible for compensation. Often, in fact, the lessees will be subject to more damage, because the tenant, lessee usually have to deposit the rent; repair, home decoration / office to suit the intended use ... And more importantly to prove the fault of the contract led to the null and void to determine the liability to pay compensation, and evidence proving damage caused by invalid contracts for compensation is extremely complicated.

  2. Signing the two agreements at the same time, the lease notarized agreement: low value for low taxes and hand written contracts to avoid the real value for the rent tax to the State. Legal consequences: when disputes occur, the notarized contracts are recognized with legal value, this also caused some consequences for tenants, especially when determining the amount of compensation when the lessor to unilaterally terminate the labor contract.

  3. The lessor is not competent to signing a house/apartment/office lease agreement: Legal Consequences: The house/apartment/office lease agreement becomes invalid, null and void due to not having the authority to lease.

  4. The leasing office for improper purposes, utilities as prescribed by law. For example, the buildings licensed by the State for the hotel business purposes, but the lessor uses this building for lease as office. Legal Consequences: the office lease agreement becomes invalid, null and void due to the object of the contract does not meet the conditions in allowing the office leasing transactions as required by law

  5. Land, offices for lease without full statutory title when engaged in transactions for house/office leasing. Legal consequences: objects for lease do not meet the conditions for leasing transactions as permitted by law.

II. Dispute settlement procedures for housing lease contract

  1. In the pre-litigation stage, when receiving client’s requests, lawyers will determine whether the applicant's request is under any legal relationship, including disputes resolved under the jurisdiction of the court? Or else by a competent authority addressed. That case should be sued or not? If the petitioner, how is the procedure? The statute of limitations is valid or not? Clients need to provide adequate records and evidence related to the dispute for the lawyer to learn and study before deciding whether to sue or not?

  2. At the stage of the proceedings at the Court: If the concerned party decides to file a lawsuit in the Court, that means the starting stage of the proceedings in the court: Lawyer will draft a petition to the Court for accepting to request of lawsuits, collect evidence and submit evidence to the court, suggest the Court to collect evidence which the parties did not keep; guide to the parties to establish the self-declaration, the report to clarify the content of dispute of the case, conduct of the mediation process, confrontation .... Lawyers petitions Court conducting the proceedings may be necessary to clarify the content of dispute for the case ....

  3. At the trial of the case, the Lawyer protects the rights and legal benefits to the person concerned, will exercise the rights arguments at the trial to protect the rights and benefits for their clients and clarify the truth of the case. There are two phases of the judgment is the first instance trial and appellate hearing.

  4. At the stage of law enforcement: When there is a Judgment or Decision which takes legal effect of the Court, Lawyers advise or represent clients in enforcement procedures, draft applications for enforcement, search, verify assets for law enforcement, require the law enforcement agency to apply coercive measures, prevent the trading of assets to help enforcement of the judgment with the best result.

LVT Lawyers with a team of lawyers with many years of experience in resolving disputes for many individuals and foreign enterprises in Vietnam. With enthusiasm and dedication in work, we are committed we always put interests of client on top to fit the motto "Our service, your success". LVT Lawyers provide legal services for dispute settlement of the lease agreement through the following tasks:

  • Consulting on how to deal with contractual disputes, the dispute settlement procedures of the contract.

  • Guiding and advising clients the lawsuit procedures, conditions of lawsuit to the competent court.

  • Drafting applications, requests and other relevant documents to clients;

  • Conducting to gather evidence - documents, examination and assessment of the evidence - documents to be submitted before the Court;

  • Making specific plans most beneficial during negotiation, mediation (if any);

  • Participating in the proceedings as a defense attorney, to protect the rights and legitimate interests in court for clients at all levels;

  • Participating in legal proceedings as authorized representative of the client to perform all the measures and the manner prescribed by law to protect the legitimate rights and interests of the client in the best way at the court level.

  • Implementing procedures for enforcement: verifying conditions for law enforcement, requiring the application of preventive measures to ensure assets for law enforcement, requiring enforcement of judgment ...