Currently, to optimize costs in production and business, most businesses in the market use the method of renting space to make their headquarters. From here arises the relationship between the lessee and the lessor, leading to many disputes over the binding document between the two parties, which is the business premises lease contract.
How is a business premises lease contract regulated by law?
- According to the current law, there is no definition of a business premises lease contract, but based on the nature and terms of the contract, this contract is considered a type of property lease contract specified in Article 472 of the Civil Code 2015, whereby by entering into this contract, the lessor is obliged to hand over the premises to the lessee for use in a for a certain period as agreed between the parties, and the lessee is obliged to pay for this use.
- Regulations on the form: According to the law, a business space lease contract is not required to be notarized at a notary practice organization, the parties can negotiate the terms of the contract themselves and directly sign the contract under the witness of each other, in case the parties have a dispute or one party fails to perform its obligations specified in the contract, the other party may base on and the contract has been signed sign to request the other party to perform its obligations.
(*Note: Although the premises lease contract is not required to be notarized according to the provisions of the law, however, to ensure the settlement of disputes later, the parties should notarize this Contract because In addition, when the contract is notarized, the notary public will review the object and content of the lease contract, ensuring that the above contents are completely appropriate. Because sometimes the parties do not check the legality of the subject of the contract or each other's identification papers, which leads to easy disputes that are difficult to resolve later.)
- Regulations on content: Depending on the value of the contract or the trust between the parties, how the content of the contract is determined, usually, a space lease contract will include the following contents:
+ First, information of the lessee and the lessor;
+ Second, the object of the lease contract, ie the location of the premises is where;
+ Third, the value of the contract, how long is the rental period;
+ Fourth, regulations on the rights and obligations of the parties;
+ Fifth, regulations on contract termination cases.
In addition, in some high-value premises lease contracts, the parties can add other terms to protect their rights and interests.
Order and procedures for dispute settlement for business premises lease contracts:
- In case the parties have a dispute, first of all, it is necessary to negotiate and negotiate with each other so that they can understand the difficulties of the parties and make appropriate adjustments, ensuring the interests of each party without doing any harm affect the relationship between the two parties. However, if the parties cannot agree on a solution, they can request the competent People's Court to settle according to the decision of law, specifically, the order is as follows:
+ The party whose interests are infringed shall file a petition at a competent court to request the settlement of a dispute over the business premises lease contract. After receiving the application and there is no request to amend and supplement the lawsuit petition, the Court will issue a Notice of Court Cost Advance, the applicant is obliged to pay the court fee advance;
+ After receiving the Court fee advance receipt, the Court will issue a Notice of acceptance of the case;
+ The court conducts necessary procedures to bring the case to trial, including trial preparation and conciliation...; Open access meetings, publicize evidence,...
+ The court shall conduct the first-instance trial of the case;
+ Appellate trial of the case (if any).
Frequently asked questions
Question: When filing a lawsuit, which party will pay the lawsuit fee?
Answer: The prescribed legal fee is called the court fee, this cost is used to pay for the lawsuit. According to the law, the court fee will be paid by the losing party. However, the petitioner will have to pay an advance fee advance and will be refunded if their claim is accepted by the Court.
Question: Time to solve a case?
Answer: The time to settle the case in the first-instance trial stage as prescribed is from 4 to 6 months, but in reality, depending on the nature of the case, the case may be longer than prescribed.
Question: If the Contract is in progress, will the tenant have to move out?
Answer: If the parties are in the process of resolving a dispute in Court, the Contract has not been considered terminated, so the tenant can continue to use the leased premises. However, if, after the Court issues a judgment, it is determined that the at-fault party is the lessee, the lessee will have to pay the amount for the use of the premises and compensation (if any) during the settlement of the case.
Question: If the contract is not notarized, will tax arrears be collected after the lawsuit is filed?
Answer: As analyzed in the article, the business premises lease contract does not require notarization, so the non-notarization of the contract is not a basis for tax arrears, the arrears of tax collection is due to the party lessors do not declare their incomes to the tax authorities. And these two issues are not related.
Above are some basic issues related to the business premises lease agreement. In the case of a complicated epidemic like the present, this Contract dispute is taking place in a very common way, but no competent organization has yet issued a specific resolution document. Therefore, the party whose interests are infringed should seek legal advice to resolve the dispute in his or her case.
