Clauses that protect the owner in an apartment rental contract

Legal basis: Law on Housing No. 27/2023/QH15 (dated 27/11/2023, effective 01/08/2024) — Articles 163, 164, 170, 171, 172, 173; Civil Code No. 91/2015/QH13 — Articles 328, 357, 418, 468, 475, 477, 479, 481, 482 · Updated 20/10/2026.

A housing rental contract must be made in writing; notarisation is not required. The law lets the two parties agree on most of its content, so anything not written down is very hard to claim in a dispute. Below are the 7 clauses you should word most specifically.

1. Deposit: what the deposit secures

The law does not set a number of months for the deposit — the amount is agreed by the two parties. Under the Civil Code, if the party paying the deposit refuses to perform the contract, it loses the deposit; if the party receiving it refuses, it must return the deposit plus an equal amount, unless agreed otherwise. The contract should state: the deposit amount; whether it secures signing the contract or performance over the whole lease term; which amounts may be deducted from it; and the deadline for refunding it after the home is returned.

2. Damage: the handover record is the evidence

The tenant must look after the unit and carry out minor repairs; damage they cause must be compensated, but they do not bear natural wear and tear. When returning the home, the unit must be in the condition it was received in, apart from natural wear and tear. To prove damage, you need a handover record listing the furniture and appliances, with photos and video, signed at handover — and compared again when you take the unit back.

3. Pets: no general ban in the law, the contract decides

Housing law has no general ban on tenants keeping pets; this is decided by the contract and the building rules. The apartment building rules also apply to occupants and temporary residents. You should ask the building management about its pet rules before renting out, then state clearly: whether pets are allowed, what kind and how many, responsibility for cleaning, compensation for damage to floors, sofas and doors, and whether an extra deposit applies.

4. Repairs: who repairs, how fast, the cost threshold

The owner must repair damage and defects in the unit, except minor damage that by custom the tenant repairs. If the owner has been told and does not repair it, or repairs it late, the tenant may carry out the repair at a reasonable cost and claim the money back; the owner failing to repair serious damage is also grounds for the tenant to terminate the contract unilaterally. Conversely, the tenant drilling, extending or renovating without permission is grounds for the owner to terminate unilaterally. The contract should state: who maintains which appliances, through which channel faults are reported, within how many days the owner deals with them, and the cost up to which the tenant may repair without asking.

5. Subletting: requires the owner's consent

The tenant may only sublet with the owner's consent. Changing the use, lending or subletting without permission is grounds for the owner to terminate the contract unilaterally. The contract should state clearly that subletting is not allowed, including short-term nightly rentals, without the owner's written consent, and the maximum number of occupants.

6. Late rent: late-payment interest and the termination point

• The owner may terminate unilaterally when the tenant has not paid the full rent for 3 months or more without a reason agreed in advance.
• The party paying late must pay interest on the overdue amount. The rate is agreed by the parties but may not exceed 20% a year; without agreement it is 50% of that rate, i.e. 10% a year.
• The parties may also agree on a contractual penalty; state clearly whether the penalty comes on top of compensation for damage — if not stated, the breaching party only pays the penalty.

State a fixed rent due date, the payment method (bank transfer, transfer reference) and the number of days' grace before interest applies.

7. Unilateral termination: 30 days' notice

The party terminating unilaterally must give written notice at least 30 days in advance, unless the parties agree otherwise; a breach that causes damage must be compensated. Beyond the cases the law allows, you should agree in advance how much notice a tenant must give to leave early and how much of the deposit they lose. If you sell the unit during the lease, the contract does not end automatically — see selling an apartment that is rented out.

Two more things worth including

• Who declares the tax: a corporate tenant can declare and pay the rental tax on your behalf if the contract says so — see renting out an apartment: the owner's paperwork and tax.
• Rent and rent adjustments: whether it rises, by how much, and how much notice is given. The law only lets the owner adjust the rent mid-term after renovating the home with the tenant's consent and when one third or less of the lease term remains.

This article is for reference only and does not replace legal or financial advice for your specific case. The suggested wording below is not a legal contract template.

Party A is the owner, Party B is the tenant. Fill in the "…" with specific figures and have a qualified person review it before signing.

1. Deposit — "Party B pays a deposit of … VND to secure performance of the contract over the whole lease term. Party A refunds the deposit within … days of taking the apartment back, after deducting outstanding rent, electricity, water and fees, and the cost of repairing damage beyond natural wear and tear according to the handover record."
2. Damage — "The condition of the apartment and the list of furniture and appliances are recorded in the handover record with photos dated …. On returning the home, Party B hands it back in this condition, apart from natural wear and tear; Party B compensates for damage it causes at the actual repair cost."
3. Pets — "Party B does not keep pets in the apartment without Party A's written consent. If consent is given, Party B complies with the building rules and bears the cleaning costs and compensation for damage caused by the pets."
4. Repairs — "Party B reports damage via … within … hours. Party A deals with major damage within … working days. Minor repairs under … VND each are carried out and paid for by Party B. Party B does not drill, renovate or install anything additional without Party A's written consent."
5. Subletting — "Party B does not sublet, lend, assign the contract or let the apartment short term in any form without Party A's written consent. Maximum number of regular occupants: … people."
6. Late rent — "Party B pays the rent before day … of each month into account …. After … days, Party B pays late-payment interest of …% a year on the overdue amount (not exceeding the legal limit). If the full rent is overdue for 3 months or more, Party A has the right to terminate the contract unilaterally."
7. Unilateral termination — "The party wishing to terminate early must give written notice at least 30 days in advance. If Party B terminates early outside the cases permitted by law, it loses … of the deposit. If Party A terminates in breach of the rules, it refunds the deposit and pays Party B compensation of …."

To work out your net income after tax, management fees and service fees in advance, use the rental income calculator.

Sources in Vietnamese; titles kept in the original, with a short English translation in brackets.

• National Assembly — Luật Nhà ở số 27/2023/QH15 (Law on Housing No. 27/2023/QH15), dated 27 November 2023, effective 1 August 2024 (Article 163 housing contracts; Article 164 notarisation; Article 170 rent, subletting; Articles 171, 172 termination, unilateral termination; Article 173 right to continue renting), read 20 October 2026.
• National Assembly — Bộ luật Dân sự số 91/2015/QH13 (Civil Code No. 91/2015/QH13), dated 24 November 2015 (Article 328 deposits; Article 357 late payment; Article 418 contractual penalties; Article 468 interest rates; Article 475 subletting; Articles 477, 479 repairs, care of the property; Article 481 paying rent; Article 482 returning the rented property), read 20 October 2026.
• Government News — Quy định nội dung chủ yếu Bản nội quy quản lý, sử dụng nhà chung cư (Main contents of apartment building management and use rules), 22 August 2024 (Circular 05/2024/TT-BXD dated 31 July 2024).