Cambodia: Landlord and Tenant
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The rental system is pro-landlord
Rents: Can landlord and tenant freely agree rents in Cambodia?
Rents can be freely negotiated in Cambodia.
Deposits
A security deposit equal to one month’s rent and two months’ advance rent for the last two months of tenancy are normally obtained from the tenant prior to occupancy. If the tenant vacates the property before the lease has expired, the deposit is forfeited. The security deposit will be refunded three days after the end of tenancy and after deductions for repairs and cleaning are made.
What rights do landlords and tenants have in Cambodia, especially as to duration of contract, and eviction?
Although there are no limits on duration, residential long-term leases usually last for one year. There is an option to renew given that a notice is given 30 days before the expiration of the contract.
Rental agreements are made in writing, but oral agreements are also acceptable for rentals of less than one year. This is freely drawn between the landlord and the tenant.
The rental agreement may be terminated prior to expiration if the tenant or the landlord serves a notice – issued one to two months before termination – or if the tenant has not been performing his obligations. These would include non-payment of rent and using the property for purposes other than what has been provided for in the contract. It is important to note that subleasing is prohibited unless explicitly stated in the contract prior to the tenancy.
Upon vacating the property, the tenant is expected to surrender it in the same condition as when it was turned over by the landlord. In the event that the tenant dies, the rental agreement ceases to take effect unless the heirs or beneficiaries express interest in continuing the lease.
Legislation
In the absence of specific tenant protection laws, it is the Law of Contracts and the Improved Revised Land Law that governs the relationship between the tenant and the landlord.
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