Resolving rental contract disputes requires goodwill from both parties and compliance with the law. Negotiation and mediation should be prioritized to avoid unnecessary conflicts and expenses. However, if the dispute cannot be resolved, the parties should utilize the legal system and courts to ensure their lawful rights are upheld.

In everyday life, disputes related to rental contracts can often arise due to misunderstandings or violations of the rights between both parties. To effectively and legally resolve these disputes, it is essential to understand the resolution process and the legal regulations concerning rental contracts.

1. Understanding the Rental Contract

First, to resolve a rental contract dispute, both parties need to clearly understand the content of the signed contract. A rental contract is a legal document recording agreements between the landlord and the tenant. The contract should include:

• Information about the tenant and the landlord.
• A detailed description of the rental property (house or apartment).
• The rental period.
• Rent amount, payment methods, and payment schedule.
• Regulations on property use, maintenance, and repairs.
• Terms regarding contract violations and dispute resolution.

Both parties should carefully read the contract and agree on all terms to avoid future disputes.

2. Common Types of Rental Contract Disputes

There are various types of disputes that can arise from a rental contract. Some common disputes include:

a. Rent Disputes

This is the most common type of dispute, usually occurring when the tenant fails to pay on time or does not pay the full rental amount as agreed in the contract. Additionally, the landlord may demand a rent increase without the tenant's consent.

b. Maintenance and Repair Disputes

Disputes related to maintenance and repairs often occur when the tenant requests repairs, but the landlord fails to respond or does not fulfill their commitment to maintaining the property. Conversely, there are cases where the landlord believes the tenant has damaged the property, but the tenant refuses to take responsibility.

c. Disputes Over Terminating the Contract

Disputes over contract termination often happen when one of the parties wants to end the contract early without complying with the agreed-upon terms of prior notice or compensation.

d. Disputes Over Security Deposits

The security deposit in a rental contract serves as a guarantee for the fulfillment of the contract. When the tenant wants to terminate the contract, disputes over the return of the deposit may arise if the landlord believes the tenant has violated any of the contract terms.

3. Steps to Resolve Rental Contract Disputes

When disputes arise, both parties should follow basic steps to resolve the issue amicably and legally.

a. Direct Negotiation

The first step in the dispute resolution process is direct negotiation between the tenant and the landlord. Both parties should sit down to discuss the conflicts, errors, or violations and seek the most reasonable solution for both.

During negotiations, the parties should refer to the signed contract and try to resolve the issue flexibly to avoid further complications. Many disputes can be resolved through open and honest communication and goodwill from both sides.

b. Use a Third-Party Mediator

If direct negotiation fails, the parties can seek the intervention of a third-party mediator. This mediator could be a lawyer or someone knowledgeable about the law, with no conflict of interest with either party.

Mediation is an effective way to help both parties resolve disputes without having to take the matter to court. This method often saves costs and time while maintaining the relationship between the tenant and the landlord.

c. Filing a Complaint with Authorities

If negotiation and mediation do not yield results, the aggrieved party can file a complaint with local authorities, such as the People's Committee of the ward or commune where the rental property is located. The authorities will review and assist in resolving the dispute.

d. Filing a Lawsuit in Court

If all other methods fail, the aggrieved party can file a lawsuit in court. The court will examine the evidence, the contract's content, and the legal regulations to issue a final judgment.

Filing a lawsuit should be the last resort, as legal proceedings are often costly and time-consuming. However, it is a means to protect the parties' rights when disputes cannot be peacefully resolved.

4. The Role of Law in Resolving Rental Contract Disputes

The law plays a crucial role in resolving rental contract disputes. According to the Civil Code of 2015 and other relevant legal documents, the terms of a rental contract must comply with the law, and the rights of both parties are protected.

The law also clearly defines the rights and obligations of both the tenant and the landlord, particularly regarding payment, maintenance, and contract termination. Adhering to legal regulations helps both parties avoid unnecessary disputes and ensures their legal rights are protected