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Advise please! -Lease contract
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Hi, I am considering renting an apartment without requiring the landlord to issue me a red invoice. This enabled me to negotiate for a lower price on the rent, but at the same time the condition is that I will have to pay 1 month deposit and 1 year advance - so total initial lay out is 13 months rent. The contract between myself and the landlord will be then be different from what will be officially shown for tax purposes.

Has anyone done it this way? What do you suggest we stipulate in the contract further so that in case of dispute, say failure of landlord (lessor) to comply, I will be able to recover the advance payment made? How can I make the contract legally binding without necessarily going through the red invoice aspect?

Advice needed urgently, thank you!!!

posted about 13 months ago by NathalieM - viewed 465 times
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answered about 13 months ago by bobthebob01

Well Nathalie, welcome to Vietnam!

i have been here for 3 years and start to have a good experience in renting house, trust me on this one!

First and fore most, avoid as much as possible to leave a deposit. If you need to secure a house or apartment, say that you give 1 month in advance or 2 or 3 but no matter what the money you give in advance count as rent payment.
more than 95% of the people i know or talked to who gave a "deposit" had a very hard time to get it back if they got it back. the landlord will find any excuse possible and make you linger and run after him to get your money; hopping that you will give up.

As for 1 year in advance, this is crazy, the standard now in hanoi, and it's been like that for a while is 3 months or 4 when signing and payment of 3 months of rent every 3 months. A year of payment means the guy need money badly and is trying anything. I wouldn't do it unless you get a real contract with a red invoice through a proper real estate agency and that your company is paying for it. other than that, i, personally would not go there even if it means i have to find something else.

If you pay 1 year in advance, chances are you will not have any help from your landlord should something happen. At least if you need to fix something you can play the game: you fix, you get your rent.

As for the 2 contracts, one for you and one for the tax office, it is quite normal. I have actually never seen a country where people are screwing up their government so much. And you wonder why the government does not have enough money to improve health care system etc... obviously...no body pays his/her tax as they should!!!

There is no real way to bind these contract legally unless you get a red invoice that prove the monthly rent amount.

So to sum up, be careful when entering this kind of deal, because once the money is given to the landlord, there is no turning back. you have good landlords, but usually the good ones don't ask for 1 month deposit and 1 year payment in advance.

Unfortunately, if it means loosing a nice place, well some times it's better than having to face trouble later.

you can ask around, there countless stories of people getting screwed.

Maybe you can ask some one at your work to help you with that, it helps sometime to have a Vietnamese on your side during negotiation.

i hope that will help you. i don't want to sound pessimist but just to give you a "head's up!".

cheers

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answered about 13 months ago by alpha

A beer in a back alley of Hong Kong.

I'd have to agree with most of what was said above. The real kicker is the asking for a deposit after requiring a full year of rent in advance. That's ridiculous. You're taking almost all the risks here. Three months in advance is the most common contract, and you'll occasionally pay six months (I do, for instance). I'd be pretty wary of this set up. There are many ways it could end badly.

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answered about 13 months ago by NathalieM

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Thanks for your advice!!!

I think the apartment is a steal - it is newly renovated with brand new furniture and equipment and secure as well- a far cry from the many other apartments I have been shown over the past three months! The owner seems very particular about keeping the property well maintained and is keen to regularly have the unit checked for leaks, equipment breakdown etc. I guess the aparment meets my criteria both in terms of physical structure and owner.

I have agreed to the arrangement already and will sign the contract amended according to my suggestions and upon scrutiny of a lawyer (especially for the exact match of Vietnamese and English versions!)My organization is not new to this kind of transaction (1 year advance payment)as our other expats have had this kind of arrangement(in Manila for example).

Fingers crossed that this deal will have a happy beginning and ending - for me and the landlord! Thanks again!

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answered about 13 months ago by bobthebob01

no offense, but maybe that's why people hired locally or working for company that does not provide house allowance; have problems renting descent places at descent prices.

In what other proper country do you pay rent 1 year in advance with a deposit on top of that?

I was gonna rent a house once asked for 800$ that could have been dealt to 650-700$, the landlord almost accepted when some one from an Embassy came up and offer 1600$ which was the maximum he was given as an allowance. Even my agent fund that price completely insane for the house.

Why on earth Embassies, NGOs or any other organizations accept such stupid condition or crazy prices?

But i still wish you god luck because as Alpha said, you have the wrong side of the bargain in this one. without looking at the profiles, i can tell Alpha has been here for a few years already and you just arrived in Hanoi, correct?

Be very careful anyway
cheers

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answered about 13 months ago by alpha

A beer in a back alley of Hong Kong.

Good luck with it. I hope it turns out well for you. Maybe your organization will have enough perceived clout to keep the landlord in line with the hopes of getting similar deals in the future. People with organizational ties, while occasionally paying higher rates as bobthebob01 mentioned, also often get decent service on the landlord end because they don't want to lose out on future deals.

Don't be shy about coming back to the community with any experiences this year long contract brings you!

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answered about 13 months ago by hanoikiwi

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You have no doubt already gone ahead as planned so not sure why the question was asked????

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answered about 13 months ago by KandA

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nice one hanoikiwi

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answered about 13 months ago by NathalieM

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Thanks for your comment. A number of my important concerns were addressed in the course of my negotiations with the landlord hence value was created for the both of us. While overall it still favors the landlord (always does), I think in the end I will be getting the value that is important to me.

Besides this website was offline soon after I posted my query and I couldn't get a reply within the time frame I needed to make a decision. Fortunately I have a Vietnamese lawyer friend in Hanoi helping me in the process.


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