Rent is always an essential choice and demand for almost all students coming to large cities to study. However, currently, there are many difficulties in seeking a house, many subjects abuse the tenant's trust and misunderstanding to deceive their money, causing the tenant not only to lose money but also to not have a house to stay in. In addition, fraudulence in renting at high prices that is causing injured persons to fall into difficult situations is becoming more sophisticated.
One of the most popular fraudulent “snares” is any person who considers themselves as a manager or ownership of a house or apartment to receive a deposit, while landlords (house owners) are absent and don’t know agreements related to their house or apartment. We can easily seek advertisements or articles posted on Facebook or websites where we will see beautiful houses or apartments with an appropriate price. However, in fact, such houses or apartments do not only belong to their owner, but are also normally attached to many renting costs, such as prepaid rent costs, deposits, or other amounts (which can be paid first).
A fraud (deception) in a civil transaction is the intentional behavior of one party or a third party that causes other party to misunderstand subjects, objects’ characters, or contents of a civil transaction and establish such a transaction. If one party participates in a civil transaction due to being deceived, threatened, or forced, such a party can require the Court to declare such a civil transaction void.
For example:
The tenant can choose any apartment because the rent cost is “appropriate with pocket”. However, the landlord can force the tenant to bear other arising costs at a higher cost level. Besides, the landlord will require the tenant to be responsible for remedying damages in the house that are not the tenant’s fault.
III. How are the fraudulent behaviors of renting at high prices settled?If fraudulent appropriation behaviors of property of other persons are performed for the first time and aren’t too serious to bear criminal responsibility, such as deceiving property under two (02) millions dong that isn’t the main earning means of an injured person and his/her family, and doesn’t negatively affect social security, order or safety; such fraudulent behaviors will be handled in an administration fine.
Pursuant to Clause 1, Article 15 of Decree 167/2013/ND-CP stipulating a fine from one (01) to two (02) millions dong for fraudulent behaviors that are used to appropriate another person’s property.
Therefore, a person who performs fraudulent appropriation behaviors of property without belonging to the criminal responsibility level, can be administratively fined a maximum of two (02) million dong.
Subjects that have behaviors of fraudulent appropriation of property can be imprisoned from seven (07) to fifteen (15) years if the value of such a property is two hundred million (200.000.000) dong.
The fraudulent behaviors of renting at high prices will be investigated as criminal responsibility according to the following crime:
3. How do tenants avoid being deceived into renting at high prices?The following tips can help tenants avoid being deceived into renting at high prices:
If the Clients are deceived into renting at high prices, the Clients need to accuse such fraudulent behavior to the competent Authorities to protect their legal rights and interests.
Pursuant to Article 144 of the Criminal Procedure Code 2015 stipulating denunciation, announcement of crime, the Clients can accuse fraudulent behaviors at places where subjects reside or fraudulent behaviors occur, or at the Investigative Agencies, the Procuracy, the Court according to the Law.
The Clients need to collect information or evidence to demonstrate that the Clients are deceived, and after submitting a letter of denunciation at places where subjects reside or fraudulent behaviors occur, or at the Investigative Agencies, the Procuracy, or the Court according to the Law.
These are all information relating to FRAUDULENT BEHAVIORS OF RENT AT HIGH PRICES as prescribed by Vietnamese Law. Please don’t hesitate to contact us, if the clients have any further questions. NPLaw is willing to support the Client in resolving all issues listed with the best efforts.
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NPLaw Firm
Hotline: 0913 449968
Email: legal@nplaw.vn
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