Consulting on the rights and obligations of the lessee in real estate purchase and sale contracts

Article overview

The rights and obligations of the lessee in a real estate purchase and sale contracts are the main content that must be included in the contract, this clause plays an important role in ensuring the rights and responsibilities of the participating parties. In the article below, Long Phan will provide customers with basic information about types of real estate lease contracts, the rights and obligations of the lessee, and regulations related to the transfer of rights and obligations service.

Rights of the lessee in a real estate purchase and sale contract
Rights of the lessee in a real estate purchase and sale contract

What types of real estate lease and lease purchase contracts include?

According to the provisions of Clause 1, Article 44 of the Law on Real Estate Business 2023, real estate lease and lease purchase contracts are divided into the following types:

  • Housing rental and lease purchase contracts;
  • Lease or lease purchase contracts for existing construction works to serve tourism and accommodation purposes;
  • Lease or lease purchase contracts for existing construction works to serve the purposes of education, healthcare, sports, culture, office, commerce, services, industry and construction works with serving functions mixed;
  • Contracts for lease or sublease of land use rights with technical infrastructure in real estate projects;

Rights and obligations of the lessee in a real estate purchase and sale contract

Rights of the lessee

Pursuant to Clause 3, Article 20 of the Law on Real Estate Business 2023, the lessee has the following rights:

  • Require the lessor to hand over the house and construction works as agreed in the contract;
  • Require the lessor to provide complete and truthful information about the real estate;
  • The right to sublease part or all of the house or building if agreed in the contract or agreed in writing by the lessor;
  • The right to continue the lease according to the conditions agreed with the lessor in case of a change of owner;
  • Require the lessor to repair damage to the real estate when there is damage or quality problems that affect the use process and are not caused by the lessee’s fault;
  • Require the lessor to compensate for damage caused by the lessor’s fault;
  • Have the right to unilaterally terminate housing or construction lease contracts if the lessor commits acts such as not repairing the real estate causing damage to the lessee; increasing rental prices for houses and construction works not as agreed in the contract; The right to use housing and construction works is limited due to the interests of third parties;
  • Other rights under contract.

Obligations of the lessee

In addition to rights, the lessee also has obligations to comply with in the lease contract, specifically, Article 21 of the Law on Real Estate Business 2023 stipulates the lessee’s obligations as follows:

  • Pay in full the rent, lease purchase of houses and construction works according to the time and method agreed in the contract;
  • Receive housing, construction projects and related documents according to the deadline agreed in the contract;
  • Carry out properly and fully the obligations in the contract;
  • Compensate for damages caused by the lessee’s fault;
  • Use rented or lease-purchased houses and construction works according to their proper functions;
  • Implement legal regulations in fire prevention and fighting, ensuring hygiene, environment, security, social order and safety;
  • Must not affect or cause damage to the interests of the State, public interests, legitimate rights and interests of other organizations, households, and individuals when performing maintenance, renovation, repair, demolishing and rebuilding houses and construction works;
  • Responsible for relevant parties and competent persons as agreed in the contract and provisions of law to inspect, monitor, maintain, repair, replace, and install the system equipment, technical infrastructure systems;
  • Must repair damage caused by the lessee’s fault;
  • Return houses and construction works to the lessor as agreed in the contract; Do not change, renovate or demolish houses or construction works without the consent of the lessor;
  • Notify the lessor about the sublease of part or all of the house or construction project;
  • In case of unilateral termination of the lease contract, the lessor must be notified 30 days in advance unless the parties have otherwise agreed;
  • Other obligations under the contract.
Obligations of the lessee in a real estate purchase and sale contract
Obligations of the lessee in a real estate purchase and sale contract

Regulations on the transfer of rights and obligations of the lessee

In some cases, the lessee can transfer its rights and obligations to others, specifically as follows:

  • In case the Tenant-Purchase needs to mortgage the leased-purchase apartment to a credit institution before the Tenant-Purchase is granted a Certificate, the Tenant-Purchase must notify in writing in advance for the Lessor to purchase and the Tenant-Purchase. Carry out necessary procedures according to regulations of credit institutions and legal regulations;
  • In case the Tenant-Purchase wishes to transfer this contract to a third party, the parties must comply with the regulations on conditions, procedures and related regulations on contract transfer according to the provisions of the law. The Lease-Purchase Party is not allowed to collect any additional contract transfer fees when completing procedures to confirm the contract transfer to the Tenant-Purchase.
Transfer of rights and obligations of the lessee
Transfer of rights and obligations of the lessee

Consulting services on the rights and obligations of the lessee in real estate purchase and sale contracts in Long Phan

At Long Phan, we provide professional and effective consulting services on the rights and obligations of the parties in real estate sales contracts. Our services include:

  • Consulting on legal regulations related to the rights and obligations of the lessee in real estate purchase and sale contracts;
  • Support customers in drafting and checking contents related to the rights and obligations of the lessee in real estate purchase and sale contracts;
  • Answer questions during the process of signing real estate purchase and sale contracts;
  • Consulting on contract termination conditions and penalties for violations;
  • Consulting on the handling process when there is a request for property registration;
  • Consulting on contract termination conditions and penalties for violations;
  • Advise on solutions when disputes arise.

The rights and obligations of the lessee in a real estate purchase and sale contract are important issues that both parties need to understand to ensure transparency and safety in transactions, avoiding risks and disputes. Together with a team of experienced experts, Long Phan will support customers with issues related to rights and obligations in real estate sales contracts. Please contact the hotline immediately 0906735386 for more specific and detailed advice.