Negotiating the lease

Inspect the property you like carefully and list down the items you want to be repaired, replaced, or repainted. Ensure all the agreements are included in your contract, bearing in mind the time required for repairs and replacements, when agreeing to your move-in date.

When you move into a property, there should be a “handover” document to be signed by both landlord and tenant. All meters should be read at handover time to ensure that you are paying only for your electricity consumption (and not your predecessor’s or your neighbour’s.

Leases are normally negotiable. It can be difficult to rent a house for less than a period of 12 months, although this is still negotiable if your circumstances demand it. Leases on serviced apartments can be for variable lengths of time and are generally more flexible.

On signing the lease, a deposit equal to one month’s rent is normally paid to secure the property. The full rental deposit often depends on your landlord and the quantum of advance payment can vary considerably.

The contract should be in both English and Vietnamese. If you are in any doubt as to the terms of the contract, please seek legal advice. Where possible, you may wish to negotiate for the inclusion of a “Diplomatic Break Clause” should unforeseen circumstances require you to shorten your stay in Hanoi or changes to your neighbourhood mean you no longer wish to live there. The inclusion of this clause would enable you to leave your tenancy early without honouring the full notice period.

If your company is paying your rent and requires a “Red Invoice”, let the landlord know as soon as possible. There are tax implications on the issuance of a 'red invoice' and the landlord will want to factor this into the rental price.

Finally, beware of currency exchange clauses. U.S. dollars are often quoted for discussions, but contracts are all signed in Vietnamese Dong. Rental payment made in a foreign currency is not legally permissible.

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