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The law regarding landlords & tenants is an essential area of Cambodian real estate law. It lays down the legal framework that governs the contractual relationship between a tenant (lessee) and landlord (lessor). This law, which comes under the Civil Code of Cambodia, sets forth the rights and obligations of both parties. Notably, it covers topics such as lease agreements, rental prices, property maintenance, eviction processes, and more.
It's crucial to seek legal counsel in various landlord & tenant situations. If you're a tenant facing issues like incorrect eviction notices, illegal landlord entry, rent increases, or non-return of security deposits, it is prudent to consult a lawyer. On the other hand, if you're a landlord dealing with disruptive tenants, non-payment of rent, property damage, or guidance to prepare legal lease agreements, a lawyer's advice can be invaluable. A lawyer can help you better understand your rights and obligations under the law, ensuring your interests are well-protected.
The primary law governing landlord-tenant relationships in Cambodia is the Civil Code. It outlines the broad scope of rights and duties both parties should adhere to. Some features include rental price determination (Article 604), which should be agreed upon at the contract's commencement, and provisions about property renovations (Article 617 & 618), which usually require the landlord's consent. The code also outlines the procedures for terminating a lease for various reasons. Importantly, Cambodian law respects the principle of contract freedom and places considerable importance on the lease contract's provisions. Therefore, it is pivotal to have a well-drafted lease agreement in place.
Lease periods in Cambodia can vary greatly, ranging from several months to several years. However, it is common for most residential lease agreements to last for one to two years.
If the lease agreement doesn't explicitly allow rent increases, the landlord cannot impose them during an ongoing lease. However, for extended leases, periodic rent reviews may be stipulated in the agreement.
Generally, landlords must respect the agreed lease term. However, as per Article 632 of the Civil Code, a landlord can end the lease early if the tenant fails to pay rent or does not respect the management rules.
The landlord is usually responsible for significant repairs unless the lease agreement specifies otherwise. Minor maintenance is typically the tenant's responsibility.
Unless there are special provisions in the lease, early termination usually requires the tenant to compensate the landlord for the remaining lease period or find a replacement tenant.
Although not always legally required, having a written lease is strongly recommended to outline both parties' rights and obligations.
For additional help and resources, the Ministry of Land Management, Urban Planning, and Construction is a government body that oversees property matters in Cambodia. Professional chambers like the Bar Association of Cambodia also provide legal aid services that could be beneficial.
If you need legal assistance regarding a landlord & tenant matter in Cambodia, your first step should be to consult a local lawyer specializing in real estate law. The lawyer can interpret existing agreements, advise on your rights, and act as your representative before the courts if necessary. Always ensure to understand fully your legal obligations under the lease agreement and the Civil Code before making any decisions.
