Latest House Rental Agreement Template with Detailed Writing Instructions

Residential properties are allowed to be rented according to the regulations of the Civil Code and the Housing Law. As closely managed assets, current laws require house rental agreements to be documented. That's why various house rental agreement templates are created.

Latest Template for Renting Houses for Business, Office Spaces
 

1. Latest House Rental Agreement Template of 2023

- Template 01: Template for Renting Residences.

- Template 02: Template for Renting Houses for Company Use.

* Download the latest house rental agreement template HERE

* Tips for Drafting:

- With 02 reference contract templates, users only need to fill in missing information, review the content for amendments or additional agreements that both parties agree upon.

- Provided information must be accurate, minimizing amendments or additions. All parties must understand the agreed-upon content to ensure maximum legal rights and benefits.
 

2. Legal Issues Regarding House Rental Agreements

2.1. Parties Involved in House Rental Agreements

- House rental agreements involve residential properties as defined by the 2014 Housing Law, including houses without certificates, except for official residences and social housing during the lease or lease-purchase period.
 

2.2. Main Contents of House Rental Agreements

- House rental agreements must ensure all contents specified in Article 121 of the Housing Law, including:

+ Full names and addresses of the parties in the contract.

+ Description of the rented property's characteristics, including the characteristics of the land associated with the rented property.

+ Handover time of the rented property; rental period for the rented property.

+ Rights and obligations of the parties.

+ Commitments of the parties.

+ Effective date of the contract.

+ Signing time of the contract.

+ Both parties sign, clearly stating their full names.

- In addition to the above contents, parties have the right to agree on other contents not contrary to legal provisions and social ethics.
 

2.3. Form of House Rental Agreements

- House rental agreements must be documented in writing, but not necessarily notarized or authenticated.

This differs from the provisions on buying or giving, where buying a house requires notarization and authentication. See more about house purchase contracts at Sample Apartment Purchase Contract.

Is notarization required for a house rental agreement? Regulations on the form of office rental contracts, residential rental contracts according to the 2014 Housing Law.
 

2.4. Effective Date of House Rental Agreements

- Based on Article 122 of the Housing Law, the effective date of the house rental agreement is agreed upon by the parties; if not agreed upon, the agreement becomes effective from the date of signing.
 

2.5. Conditions for Renting a Residence

- The landlord must be the owner of the residence or a person authorized by the owner of the residence.

- Individuals renting out residences must have full legal capacity; if they are organizations, they must have legal personality.
 

2.6. When Does the House Rental Agreement Terminate?

- Article 154 of the Housing Law specifies 05 cases for terminating a house rental agreement as follows:

+ The rental period has expired.

+ The rented residence no longer exists.

+ The tenant of the residence has died or gone missing according to a court declaration.

+ The rented house is at risk of collapse or falls under the decision of eviction, demolition, or land retrieval by the competent authority.

+ According to the agreement of the parties.

- In these cases, agreement termination is the most common termination scenario.

Here is a house rental agreement template and related legal issues shared by Mytour with readers. When using the house rental agreement template, parties can adjust the content, add or remove clauses to better suit the specific circumstances and purposes of the rental.