Lease Agreement in Cambodia

Leases concluded before the date of implementation of the Civil Code (31 November 2011) may retain the rights created under the 2001 Land Law (including a rental period of up to 99 years). A lease can be long-term or short-term. After the expiry of the contract, it may be extended by mutual agreement between the two parties. If, after the expiry of the contract, negotiations between the parties fail, the contract will expire. The deposit required by the landlord depends on the length of the rental period and the type of lease agreement (i.e. A corporate lease or a personal lease). A deposit of 1 to 2 months of the monthly rent is the norm and must be paid in full when signing the rental agreement. It is reimbursed without interest at the end of the rental, subject to compliance by the tenant with the rental conditions. The landlord reserves the right to deduct all costs and expenses from the deposit if the tenant violates any of the terms of the rental agreement. Leases are usually written in Khmer and English.

In a dispute, however, the Khmer version will prevail. Speaking of negotiations, in Cambodia, both parties are free to negotiate the rental period, duration, extension, other legal rights and obligations, rent increase, etc. Cambodia`s lease law does not regulate the increase in rent when the contract is extended. According to Cambodian rental law, the landlord can inform the tenant if he wishes to increase the rent within a reasonable time (as specified in the contract). If the negotiation of the contract extension fails, the contract may be terminated. 5. Lease Knight Frank will advise you on your lease, but you should seek legal advice if you are unsure. The lease can be verbal if it is short-term (say less than a year). A written contract is essential if the lease lasts more than a year. A termination of the contract by one of the two parties is not easy if the lease does not contain a termination clause. Cambodian laws do not provide reasonable notice for eviction at the end of a lease, except in the case of an open-ended lease, which requires at least one or two months before termination.

Therefore, it is very important to include a termination clause in the contract that provides for appropriate notice for the termination of the contract. A lease can be verbal if the lease is less than one year, but must be in writing if the lease is longer than one year. Any verbal rental agreement is considered a fixed-term rental agreement and may be terminated at any time with a notice period equal to the payment period of the rental. Speaking of deposits, there is no legal restriction on this. Depending on the rental period, the deposit can be from two months to six months` rent. The rental period is usually 6 months with or without the option of extension. Rental negotiations also correlate with the rental period you are willing to commit; The longer the term of office, the more discounts homeowners are willing to offer. If the holder of the title/owner is to provide the tenant with a long-term rental certificate and register the lease on the back of the title deed, the holder of the title/designated owner and the person whose name is written on the back of the title deed must be present in Cambodia before the competent cadastral officials. Check faucets, door hinges, locks, door handles, powerpoints, appliances, water heaters and gas stoves before agreeing to rent! Most of the time, these things seem perfect until further investigation – but if you notice any minor issues now, you can ask the owner to fix them before the deal is finalized. A lease can be concluded for an indefinite period (although an indefinite lease cannot exceed 12 years) or a specific period of time, which can be long-term (15 years) or short-term. There may be an option to renew by mutual agreement between the parties. Usually, the landowner will hire an agent in Cambodia to help prepare the relevant documents and get in touch with cadastre officials to influence the registration of the long-term lease on behalf of the tenant.

The tax rate for the rental of the property is adjusted to 10% of the gross rent as set out in a contract or agreement with the tenants. This must be paid to the General Department of Taxation of the Ministry of Economy and Finance. However, taxes are only levied by owners or owners. There are different types of residential properties in Cambodia to choose from – high/low apartments/condominiums, country houses and flat houses. Rental prices vary based on location, property type, size, interior design, and other attributes. Regardless of the type of property you choose, you usually follow a similar process to rent and sign the lease. The Soil Act 2001 contains only general provisions. Detailed formalities relating to real estate leases will be issued at a later date by decree of the Royal Government of Cambodia.

Clauses terminating the contract before the expiry date may be included in the contract. In the absence of such a clause, the relevant party is entitled to remedies and damages in accordance with the rental agreement and/or the court decision. In addition, without exception, you must leave a deposit, which can range from 1 to 3 months of rent and is usually negotiable. Of course, this deposit makes it doubly important to make sure that the contract you sign is legitimate. For it to be valid, there are a few things that your lease must specify: for the Cadstral office to register a lease and issue a certificate of the long-term lease, the lease must be certified by the local Sangkat (local authority) – the certification of the lease requires both parties to sign the lease in the physical presence of Sangkat officials. There are no legal restrictions on deposits or rental deposits. Rental bonds are normal, most often from three months to six months` rent, depending on the rental period: short or long term. Deposits are rare. You really shouldn`t sign a lease without doing a thorough review of a property in each country! But there are a few additional considerations that are especially important with Cambodian leases that you may not have considered. Here are some tips to keep in mind before signing a Cambodian lease. To be eligible for registration as a long-term lease (LTL), the term of the lease must be between 15 and 50 years and can be extended for an additional term not exceeding 50 years.

An LTL may not exceed a period of 50 years. To make sure you know what the owner in question expects of you and what you expect from the owner before accepting a stay. If something is missing, have it included in the contract before signing it, as verbal agreements are practically unenforceable in Cambodia. A termination of the contract by a party is not easy if the lease does not contain a termination clause. Therefore, the contract must contain a termination clause and appropriate notice is mentioned for the termination of the contract. The landlord may terminate the contract before the end of the date if: 4. Booking Once an agreement has been reached between the landlord and you (tenant), the tenant pays a one-month „booking deposit“ to Knight Frank/landlord. The parties to a real estate lease are free to negotiate the terms – the rent, the rental period, the rental costs, the other legal rights and obligations, the extension, the rent increase and the conditions for terminating the contract. Cambodia does not have a single law that fully defines the rights and obligations of landlords and tenants. There are two different laws (Land Act of 30 August 2001 and Legislative Decree No. 38 of 28 October 1988). There are also regulations (such as .

B Circular No. 01SR on the Management of Residences and Land Leased to International Organizations, Foreign Companies or Foreigners of 18 January 1990) which allows Cambodians to rent their properties to international organizations, companies and guests. You are a tenant; You still have the power to negotiate the rental price with your landlord! Rent typically includes development and maintenance costs, but excludes utility bills for water and electricity. Most serviced apartments are equipped with internet and cable TV, but some owners offer it for an additional fee…