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Getting the bond (3 months rent) back??

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huongnguyenprice

I'm worrying of loosing our $5,700 bond, 3 months worth of rent! :( Here in HCMC, the owner of the property is keeping the bond instead of putting in a trust fund! From beginning of the contract of rent, they've promised us to look after the property but now when things went wrong, I can tell that they reluctant to get them fixed and basically gave us a hint that they're only keep things not falling apart and will fix it them the end of contract!  I'm thinking of asking whether if they want to sign another contract after this one ends about 3 or 4 months prior to the end and not paying rent if they want to end our contract...Has anyone been in similar mess??

Jaitch

LL don't usually pay interest on deposits.

USD$5,000+ is a lot. By the term 'bond' I assume you mean cash deposit rather than a bond  of security through a bank.

Some LL are known to do the disappearing act at the end of a lease, there have been a number of reports about this.

The good thing is you are in possession of the apartment. (It has happened that tenants have been turfed out mid-lease - the newspapers had reports a couple of years ago. The LL had a better offer!

Understand rental law, as well as condominium law is extremely weak in VietNam.

Question 1: How did you pay him? (Cash/money order, etc)
Question 2: Do you have a written and signed lease?
Question 3: How do you communicate with him? (Phone, SIM?)
Question 4: Was there a Rental Agency involved?
Question 5: Do you know where he lives.
Question 6: Do you or LL have the Pink Book?

The trick is for you to get him to appear at the apartment. You can claim repairs need doing, etc. Have a VN friend there, preferably male and older.

State to the LL that you wish to extend the lease. Also advise him that you propose he use your deposit as rent.

If he objects, you know you have a problem. (Did you change the locks when you took possession - always advisable).

You can, instead of paying the rent to him, put it in a bank account (unrelated Foreigners and VNese usually can't have joint accounts here) and tell him it will remain there until the lease is complete. You could make it a term deposit.

I assume you pay him in VN Dong?

The alternative is to have the deposit money held in a Money Order, or similar, form and physically held by a Third Party with a contract covering how the money is to be distributed. Obviously the Money Order has to be in someones name, hopefully yours.

The Pink book and associated papers skewers him tight. At the Cong An station where these things are registered there is a duplicate document - usually white covers - which has all his info in it.

They know who he is and within two or three days they can locate him.

If he shows up in a car or motorcycle make a note of the registration, the CGST has all the ownerships on their computer.

If it's a unit in a condominium, chat to the property manager (who often know where/if other units are being rented).

Keep us all posted on developments, may be we'll come over for an Occupy Party when your vacate date comes due!

Wild_1

Huongnguyenprice,

Did you get that deposit in writing from them?  If not, it will be very tough.  You might want to get into good relations with the ward police, where you are at, if your property owner hasn't already.  The ward police can get such matter straighten out really fast.  But, if your property owner is already there and you have no documentation, that money is theirs.

huongnguyenprice

Thank you so much guys for ur time! Yes, at this stage we're well aware of the possibility of loosing our money so we will have to deal with it carefully once the contract's finished.  I'll definitely give this matter a good update so all of us, who need to rent a place here in HCMC know what to do or how to deal with those greedy LL. Goodluck to me! Thanks again and all the best!

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