Important notes on short-term rental agreements

1. Characteristics of short-term housing rental on the market

1.1. Legal basis for establishing the apartment rental relationship

In reality, a short-term rental contract is usually understood as a rental agreement with a short duration, typically less than 01 year or calculated by day, week (common with serviced apartments, homestays) depending on the tenant's purpose of use. This form of rental often appears for temporary accommodation needs such as tourism, business trips, or short-term housing transitions. The flexibility in duration makes this rental type suitable for many different user groups in the current market.

Short-term rental with flexible timing, suitable for temporary needs. (Source: Collected)

Compared to long-term leases, this form offers higher flexibility as the lease term and usage conditions can be quickly adjusted according to the actual needs of the parties involved in the transaction. The lessee can easily change locations or terminate the lease without long-term commitments like a conventional contract. However, this flexibility also comes with clear requirements for agreements to limit risks arising during the asset's use.

1.2. Function of protecting the rights and interests of parties in actual transactions

In short-term rental transactions, a short-term rental agreement plays the role of recording the agreement between the lessor and the lessee regarding the conditions for using the property for a short period. This document helps to clearly define the rights and obligations of the parties involved in the use of the residence. At the same time, the contract serves as a legal basis to ensure transparency in property rental transactions.

Having a clear contract helps limit disputes arising related to rental price, usage time, or responsibilities during the short-term rental process. In case of conflict, the contract content is an important basis for resolution according to legal regulations. As a result, the rental transaction becomes more stable and has clearer legal grounds in practice.

2. Essential clauses not to be missed

2.1. Verification of contracting parties and the leased asset

In the text content, short-term rental agreement must fully present the information of the parties involved, including the landlord and the tenant, to clearly identify the subjects of the civil transaction. Information such as full name, identification documents, and contact information helps ensure authenticity and the ability to communicate when necessary. Clearly recording the information also helps determine the legal responsibilities of each party during the contract execution.

These details play an important role in limiting risks arising related to ownership or usage rights of short-term rental properties. When disputes arise, data about the parties will serve as the basis for determining the obligations and responsibilities of the parties. A lack of clear information can cause difficulties in the dispute resolution process according to legal regulations.

2.2. Current Status and Property Specifications of Accommodation

In the agreement content, short-term house rental agreement must clearly describe the characteristics of the leased property, including the address, area, and the actual condition of the house at the time of handover. This information helps to clearly identify the tenant and avoid confusion during the property usage process. At the same time, recording the property's condition helps establish a basis for comparison at the end of the rental period.

A clear description of the rented property helps avoid confusion and disputes. (Source: Collected)

Additionally, the contract should list the accompanying equipment such as furniture, electrical appliances, or utilities to ensure the rights of the parties during use. Detailed descriptions help limit disputes related to damage or missing property at the end of the contract. This contributes to enhancing transparency in short-term rental transactions.

2.3. Cash Flow Rules and Financial Transaction Methods

Payment methods need to be specified, such as cash payment or bank transfer, for convenient control of financial transactions between parties. In addition, the contract needs to clearly stipulate the deposit to ensure the fulfillment of the tenant's obligations. Financial transparency helps limit risks and ensure stability during the house rental process.

2.4. Residence timeframe and agreement termination roadmap

In the contract content, short-term rental contract needs to clearly define the specific rental period as a basis for the performance of the rights and obligations of the parties during the use of the property. Clauses related to contract extension or termination need to be clearly stipulated to avoid disputes. The determination of the term helps ensure transparency in transactions.

Additionally, the contract needs to specify cases of early termination, such as breach of obligation or agreement between parties, to ensure rights during the rental period. These clauses help parties proactively handle real-world situations. Clear content development contributes to limiting legal risks when executing the contract.

3. Legal framework and risk scenarios for short-term rentals

3.1. Current regulatory system governing rentals

Legally, a short-term house rental contract is directly governed by the Civil Code 2015 (No. 91/2015/QH13) and the Housing Law 2023 (No. 27/2023/QH15). According to the latest regulations, a residential lease agreement is not required to be notarized or certified, unless the parties have a need. However, the agreement document must fully comply with the conditions regarding form and content to have the highest legal effect in protecting the rights and interests of the parties.

Legal basis makes short-term rental contracts transparent and legal. (Source: Collected)

Additionally, short-term accommodation rental activities are also subject to regulations on residence management and business services. According to the Law on Residence 2020 (No. 68/2020/QH14) and the digital transformation implementation guidelines in 2026, the lessor or lessee must notify their residence via an electronic identification application or an online public service portal immediately upon commencement of the rental period. Legal compliance helps ensure legality, avoid administrative penalties for population management, and limit transaction risks.

3.2. Identifying common real-world incidents

In practice, short-term rental agreement can lead to risks if it is not fully and clearly drafted regarding the agreement content between the parties involved in the transaction. One of the common risks is the failure to establish a contract or a contract lacking important clauses related to rights and obligations. This can lead to disputes when issues arise during the use of the property.

Furthermore, disputes over deposit money or costs incurred beyond the agreement are also common issues in short-term rental transactions in the market. Costs that are not clearly defined can cause conflicts between parties during the payment process. This affects the rights and interests of the tenant and the landlord in practice.

Besides, the occurrence of unexpected expenses such as electricity, water, or services can cause difficulties during usage if not clearly agreed upon from the outset. These risks often stem from a lack of transparency in the contract terms. Identifying risks helps parties proactively avoid them when engaging in short-term rental transactions.

3.3. Solutions for Dispute Prevention in Contract Establishment

To limit risks, the content of a short-term rental contract needs to be clearly drafted through thorough verification of the landlord's information before concluding the transaction. This information verification helps ensure the property for rent is legally owned and free from disputes. This contributes to ensuring safety in short-term rental transactions.

Checking information and terms helps limit rental risks. (Source: Compilation)

Additionally, carefully reading the terms and conditions before signing helps the tenant clearly understand their rights and obligations during the use of the property. Clauses related to rent, duration, and costs need to be carefully reviewed to avoid disputes. This is an important step to limit risks in actual transactions.

Additionally, referencing market information helps parties have a basis for comparison and make decisions suitable for actual conditions. This helps ensure that the rental price and terms are in line with the general market. Adequate information preparation contributes to improving efficiency and limiting risks when signing contracts.

4. Tips for signing safe contracts for guests

4.1. Negotiation skills for key points before closing the deal

During the preparation process, short-term rental agreements need to clearly agree on the rental price and associated costs to ensure financial transparency between the parties involved in the transaction. Terms related to property usage also need to be specifically defined to avoid disputes during the rental period. Prior agreement helps ensure stability in the transaction.

In addition, regulations on property usage such as maintenance, repair, or responsibility in case of damage need to be clearly recorded in the rental agreement. These contents help the parties understand their obligations during the property usage. This contributes to limiting risks and ensuring rights during the short-term rental period.

4.2. Crucial notes on deposits and transfers

In terms of finance, a short-term rental contract needs to stipulate an appropriate deposit amount. According to market practice and to ensure fairness, the deposit for short-term rentals usually ranges from 1/2 to 01 month's rent (for monthly rentals) or a fixed amount (for daily rentals). This deposit amount is used to guarantee the performance of obligations as stipulated in Article 328 of the Civil Code 2015. Clearly stating the conditions for deposit refund will help minimize financial disputes at the end of the contract.

4.3. Crucial notes on deposits and transfers

Additionally, retaining payment receipts also supports legal procedures related to transaction verification when necessary in practice. Documents need to be organized scientifically for convenient lookup and use. Adequate preparation of documents helps ensure the rights of the parties during the short-term rental process.

Storing contracts and documents helps ensure legal rights. (Source: Collected)

Understanding a short-term rental agreement will help you be more proactive in the rental process and avoid unnecessary risks. By preparing thoroughly and mastering the terms, you will ensure your rights and have a safer and more convenient rental experience.