In many cases, when homeowners reclaim houses lent or given for free stay, they face difficulties because the occupants do not want to move out, or the homeowners must meet the occupants’ conditions to get the house back. Luật Kim Bảng guides you through the regulations and legal ways to reclaim houses lent or given for free stay in the article below.

1. Regulations on lending or giving houses for free stay on land

A house is a construction work intended for living and serving the daily needs of households and individuals. Owners of houses and land according to the Certificate of land use rights, ownership of houses and other assets attached to land have the right to sell; donate; lend; lease; give houses for free stay, etc., according to legal regulations.

Lending or giving a house for free stay is when the owner allows another person the right to use their house for a certain period. The borrower/occupant does not have to pay the owner. The borrower/occupant must return the house when the term expires or the purpose is achieved.

According to Article 159 of the Law on Housing 2023, giving a house for free stay is one of the forms of housing transactions. The lending or giving of houses for free stay between parties can be concluded by contract, speech, or specific behavior. Landowners are not required to apply for a separate house ownership certificate. Therefore, when lending or giving houses for free stay, a House Ownership Certificate is not mandatory based on Clause 2, Article 160 of the Law on Housing 2023. At the same time, the lending or giving of houses for free stay does not require notarization or authentication.

2. Rights and obligations to return the house of the occupant

Rights of the borrower/occupant of house and land: The person allowed to borrow or stay for free has the right to use the house and land according to the agreed purpose. In addition, the occupant can also request the homeowner to pay reasonable costs for repairs or increasing the value of the house and land if there is an agreement.

Obligations of the house borrower/occupant: The State recognizes land use rights, ownership of houses and assets attached to land for individuals, households, or organizations named on the certificate. The homeowner has full rights to use and dispose of their property. When lending or giving a house for free stay, the owner allows others to use their house for a certain time as agreed by the parties. The person given free stay or lent the house has the obligation to return the house on time; if there is no agreement on the return term, the borrower must return the property immediately after the borrowing purpose has been achieved.

In addition to the obligation to return the house when due, the borrower/occupant also has obligations such as preserving and maintaining the house; repairing the house for common damage; not being allowed to re-lend the house without the owner’s consent; compensating for damage if any, and taking responsibility for risks during the delay in returning the house according to obligations.

Do you have to pay for repairs or renovations when reclaiming a house given for free stay? Pursuant to Articles 496 and 497 of the Civil Code 2015, the occupant during the stay and use of the house and land is responsible for repairing the house for common damage or when there is behavior causing damage to the house and land. If the occupant invests in increasing the value of the house and land but has no agreement with the lender, the lender is not responsible for refunding the cost of repairs and renovations when reclaiming the house.

LAND DISPUTE RESOLUTION LAWYER – CONTACT: 034.540.6523

3. The homeowner’s right to reclaim house and land given for free stay

The homeowner, when lending a house, has the right to reclaim the house and land as prescribed; and request the occupant to compensate for damage caused by the occupant. The homeowner may reclaim the house and land lent or given for free stay when the lending term expires or when the borrower has achieved the purpose. Even the homeowner has the right to reclaim the house before the term expires or before the borrower achieves the purpose.

The homeowner may reclaim the house before the term expires or before the occupant achieves the purpose when:

• First: The parties have no agreement on the term. The homeowner has a sudden and urgent need to use the house and has notified the occupant about reclaiming the house for a reasonable period in advance.
• Second: When the borrower/occupant uses the house for the wrong purpose, utility, or agreed method.
• Third: When the occupant lends the house to another person or stays with another person without the owner’s consent.

In reality, not all cases of lending or giving a house for free stay have a contract or document clearly stating the purpose or the specific deadline for returning the house. Reclaiming a house in cases without documents or evidence will be difficult and complicated.

The owner has the right to request the occupant to return the house; or request the Court or other competent state agencies to force the occupant to return the house when there are grounds. Reclaiming the house must follow the provisions of the law.

Requesting the occupant to return house and land: The lender/giver has the right to reclaim the house when the term expires; when the borrower has achieved the purpose; or reclaim the house before expiration according to regulations. The request for return can be made in writing; message; email, or by speech with a bailiff’s record. For cases where the term is not agreed upon or the occupant has not achieved the purpose, the homeowner must notify in advance for a reasonable period.

Sending a notice to reclaim the house is a necessary action to prove that the owner has performed the notification rights and obligations as prescribed. The notice is an important basis for the owner to protect their interests in case of a dispute.

Lawyer representing in dispute resolution – Luật Kim Bảng – Contact: 034.540.6523

4. Procedures for reclaiming houses and land lent or given for free stay

Mediation of disputes at the People’s Committee: When there is a dispute that cannot be self-mediated, the parties can request the People’s Committee to conduct mediation. In addition, people who occupy the legal housing of others after the borrowing term has expired can be sanctioned. The homeowner can request the People’s Committee to impose administrative sanctions on the borrower/occupant. The occupant can be sanctioned according to Article 15 of Decree 144/2021/ND-CP for “illegal occupation of property of others.”

If there are sufficient grounds to believe the borrower/occupant occupies without basis, they can be fined up to 5,000,000 VND. Simultaneously, the occupant must return the house to the owner due to illegal occupation.

Filing a lawsuit to reclaim house and land at Court: To reclaim the house according to legal regulations, the owner can file a lawsuit at a competent Court. Below is the sequence and procedure for filing a lawsuit:

• Step 1: Prepare the lawsuit dossier.
  • Lawsuit petition.
  • Agreement contract on lending or staying for free (if any).
  • Mediation minutes at the commune-level Committee (if any).
  • Documents or evidence showing the notice requesting the return of the house.
  • Papers and documents proving ownership of the house (Certificate of land use rights and house, etc.).
  • Personal documents of the plaintiff.
• Step 2: Submit the lawsuit dossier to the Court where the defendant resides.
• Step 3: The Court receives and accepts the dossier. If the dossier is complete and the plaintiff has paid the court fee advance, the Court issues a notice of acceptance. The time limit for consideration is 08 days from the date of receipt.
• Step 4: Preparation for trial. Within 4 months, the Court summons the parties for mediation and evidence submission. In complicated cases, it can be extended for a maximum of 2 months (Article 203 of the Civil Procedure Code 2015).
• Step 5: First-instance trial. If it does not fall under successful mediation or suspension of the case, the Judge will decide to bring the case to trial within 1 month (maximum extension of 1 month for complicated cases). After the judgment, if there is no appeal or protest, it moves to Judgment Execution.
• Step 6: Judgment Execution. The obligated person must follow the Court’s ruling. If not, the person with the rights can apply for execution to force compliance.

Dispute resolution service for reclaiming houses – Luật Kim Bảng As a leading unit in dispute resolution, Luật Kim Bảng understands the obstacles and desires of customers. Our service supports you with:

• Consultation on regulations, dossiers, and procedures: Free via Phone/Zalo: 034.540.6523
• Receiving information, documents, providing legal assessments, and advising on solutions.
• Providing lawsuit petition templates and writing instructions: Only 100,000 VND.
• Supporting the drafting of mediation requests, complaints, and lawsuit petitions: From only 1,000,000 VND.
• Lawyer/consultant package for dispute resolution procedures: From 5,000,000 VND.
• Lawyer representing in negotiations and agreements: Agreed cost.
• Lawyer representing or authorized to resolve disputes at competent agencies: Agreed cost.
• Consulting and supporting appeal procedures and other related procedures.

Contact Land Lawyer – Luật Kim Bảng – Phone/Zalo: 034.540.6523