Checking an apartment rental contract — deposit, term, handover record

Most disputes when renting an apartment come from three places: the deposit, early termination and the unit's condition when you move out. All three can be handled if the contract spells them out from the start. The law lets the parties agree most of the terms themselves, so anything not written down is very hard to claim later.

Does a rental contract need to be notarised?

No. The 2023 Law on Housing requires housing contracts to be made in writing, but a housing rental contract does not need to be notarised or certified unless the parties want it. If no effective date is agreed, the contract takes effect when it is signed.

The contract should include: details of both parties, a description of the apartment (address, unit code, area, furniture), the rent and how it is paid, the term, the handover date, rights and obligations, the date of signing and signatures.

Is the person renting it out really the owner?

The law does not require a rented apartment to have a pink book, since newly handed-over units may not have been issued one yet. That makes it all the more important to check:

• Ownership documents: the pink book, or the sale and purchase agreement with the developer together with the apartment handover record.
• The owner's citizen ID card, matching the name on the ownership documents. If the unit is in the names of a married couple, there should be the other spouse's signature or written consent.
• A power of attorney if someone else (a relative, a management company) is renting it out — read the scope carefully: whether they may sign the lease and receive the deposit and rent.
• The apartment is not in dispute, not under distraint, and not subject to a recovery or demolition decision — the conditions the law sets for housing involved in transactions. Also ask the building management board whether the unit owes any management fees.

The deposit: state clearly when it is lost and when it is refunded

Under the 2015 Civil Code (Article 328), if the party paying the deposit refuses to sign or perform the contract, they lose the deposit; if the party receiving it refuses, they must return the deposit plus an equal amount, unless otherwise agreed. The law does not set how many months' deposit a home rental requires — the amount is agreed by the two parties.

The contract should state: the deposit amount, what it secures (signing the contract or performing the whole lease term), when it is refunded after you move out (for example, within how many days), which amounts may be deducted from it (damage beyond normal wear and tear, unpaid electricity and water) and in which cases it is lost.

Term, renewal and early termination

• The parties agree the lease term themselves. Include the renewal conditions and the notice period if you want to renew.
• During the lease, the owner may not terminate unilaterally to take the home back, except in the cases the law lists — for example, the tenant has not paid rent for 3 months or more, uses the home for the wrong purpose, or renovates or sublets it without consent.
• The tenant may terminate unilaterally when the owner does not repair serious damage, raises the rent unreasonably or without the agreed notice, or when the right to use the home is restricted in the interests of a third party.
• The party terminating unilaterally must give written notice at least 30 days in advance; if a breach causes damage, they must pay compensation.
• If the owner sells the unit during the lease, you may continue renting until the contract ends.

Beyond the cases the law allows, if you may want to move out early (a job transfer, buying a home), agree it in the contract in advance: how much notice, and how much of the deposit is lost.

Rent and fees

Item	What the contract should state
Rent	Amount, payment cycle (monthly / quarterly), due date, payment method (preferably bank transfer with a reference)
Rent adjustments	Whether it increases, by how much, with how much notice
Management fee	Whether the owner or you pay it, the fee per m² per month
Electricity, water, internet	How they are priced (by the building's bill or a price set by the owner), whose name the accounts are in
Parking, resident cards	The fee for each type of vehicle, the fee for access cards
Rental tax	State clearly which party bears it, to avoid extra charges after signing

The 2023 Law on Housing only lets the owner adjust the rent mid-lease if the home has been renovated with the tenant's consent and one-third or less of the lease term remains; otherwise it follows what the contract says.

Repairs

Under the Civil Code, the owner must repair damage and defects in the rented property, except minor damage that by custom the tenant fixes; the tenant looks after the property, does minor repairs and is not responsible for normal wear and tear. Be specific: which appliances (air conditioning, water heater, fridge, washing machine) are maintained by whom, how damage is reported, and how quickly it must be dealt with.

Building rules and temporary residence

The apartment building's rules apply to tenants, temporary residents and guests alike. Before signing, ask the management board about: resident registration, access cards, hours for moving items, pets, and any restrictions on short-term rentals.

If you will live there for 30 days or more away from your permanent residence, you must register temporary residence (2020 Law on Residence); the rental contract serves as proof of lawful accommodation. Failing to register properly can lead to a warning or a fine of 500,000–1,000,000 VND.

See also: apartments for rent and apartments for rent in the city centre.

This article is for reference only and does not replace legal advice for each specific case.

1. Visit in person and photograph the condition — walls, floors, doors, appliances, furniture; test the air conditioning, water heater and taps.
2. Check the documents — the pink book or the sale and purchase agreement with the developer, the owner's citizen ID, and a power of attorney if someone else is renting it out.
3. Ask the building management board — rules for tenants, management fee, parking fee, access cards, and whether the unit owes any fees.
4. Read the draft contract before transferring the deposit — rent, payment cycle, term, renewal, rent adjustments and who pays which fees.
5. Settle the deposit clause — amount, when it is lost, within how many days it is refunded, and which amounts may be deducted.
6. Settle the termination clause — how much notice, and what happens to the deposit if you move out early.
7. Pay by bank transfer, not cash — to an account in the owner's name (or the person authorised to receive payment), with a clear reference such as "rental deposit for unit …".
8. Draw up a handover record — a list of furniture and appliances with their condition, dated photos or video, electricity and water meter readings at move-in, the number of keys and lift cards; both parties sign and each keeps a copy.
9. Register temporary residence if you will stay 30 days or more, and keep the handover record to compare when you move out.

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), issued 27 November 2023, effective 1 August 2024 (Articles 160, 163, 164, 170, 171, 172, 173).
• National Assembly — Bộ luật Dân sự số 91/2015/QH13 (Civil Code No. 91/2015/QH13), issued 24 November 2015 (Article 328 on deposits; Articles 477, 479, 481, 482 on property leases).
• National Assembly — Luật Cư trú số 68/2020/QH14 (Law on Residence No. 68/2020/QH14), issued 13 November 2020, effective 1 July 2021 (Articles 27, 28).
• Government e-newspaper — 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).
• Báo Luật sư Việt Nam — Mức phạt đối với hành vi không thực hiện đúng quy định của pháp luật về đăng ký tạm trú (Fines for not complying with temporary residence registration rules), 10 November 2025 (Decree 282/2025/NĐ-CP, effective 15 December 2025).