NovLandlord lease agreement checklist in Cambodia
This is a checklist for a foreign condo owner, not a lease template. A Cambodian lawyer should review the final agreement before signing.
Verify the right to let and the signatory's authority
Connect the landlord to the exact unit before signing: individual or legal-entity name, evidence of the right, project, building, unit, parking and building-management restrictions. Where the property is jointly owned, company-held, inherited or administered by a representative, counsel should identify the required signatures and consents.
For an agent or manager, state separately the authority to negotiate, execute the lease, receive rent and deposit, issue receipts, approve work and deliver notices. The POA or other authority should match the name, property, period and scope. Payment to the person who conducted the viewing is not safe merely because that person had access to the apartment.
Fix the controlling language and provable notice mechanics
Identify the Khmer, English or other versions and which text controls after a discrepancy. Every schedule—the inventory, building rules, plan, key register and payment schedule—should carry the same date and required signatures. Keep the current executed version with its amendment history.
Give each party a physical and electronic notice address, permitted channels, receipt rule, fallback contact and address-change process. Identify notices that must be formal: non-renewal, early termination, arrears, access, repairs, rule breach and deposit return. A chat message can form part of the record without automatically replacing the contract notice process.
Renewal and termination need a calendar
Record the expiry date, negotiation window, last non-renewal notice date, delivery method, revised rent and status after renewal. Article 613 of Cambodia's Civil Code provides for deemed renewal of a building lease where a party does not refuse renewal at least three months before expiry; after that renewal the lease becomes one without a fixed term.
For a no-fixed-term building lease, Article 615 applies a three-month termination period where the notice does not state a later date. A fixed-term early exit should be expressly reserved with the grounds, notice, compensation and handback duties. Cambodian counsel should confirm the operation of the general provisions for the identified agreement before the deadline.
Keep a rent ledger and a separate tax file
For every period, retain rent charged, due date, currency, payee account, tenant debit, net credit, bank charge, receipt and arrears balance. If the lease does not state the time, Article 610 of the Civil Code generally places building rent at month end; the safer agreement sets its own exact date and grace period.
The tax file should separately hold the landlord status, lease or registration data, tax basis, filings, receipts and responsible adviser. GDT lists Prakas No. 169 on property-rental tax and Instruction No. 38218 on implementation of rental-tax obligations as valid. The lease can allocate document preparation and economic cost but should not promise that a state obligation disappears.
Close the deposit through a separate statement
State the amount, currency, legal holder, account, purpose and permitted use. The deposit should not automatically become the last month's rent or landlord income. Link possible deductions to rent arrears, final bills, missing items and tenant-caused damage beyond fair wear and tear.
At move-out, prepare a deposit statement showing the original amount, each deduction, contract basis, invoice or image, undisputed balance and return date. This research did not verify one mandatory deposit size or return period for every Cambodian residential lease, so the agreement must state them. Do not retain an undefined reserve without an amount, reason and final reconciliation date.
Separate repair, defect and access rights
The Civil Code places repairs required for use on the lessor and requires prudent tenant care and prompt reporting of required repairs or third-party claims. The lease should allocate consumables, appliance maintenance, tenant damage, hidden defect, emergency work and common-building-system failure separately.
For access, state the purpose, contractual minimum notice, time window, accompanying person, record and confirmed-emergency exception. The Code both prevents the lessor from interfering with normal use and prevents obstruction of necessary preservation work. No Cambodia-wide notice period was verified in this research, so do not hard-code 24 or 48 hours.
Guests, subletting and short stays are different uses
Define authorised occupants, long-stay guests, corporate payer and employee occupation, lease transfer, subletting and nightly accommodation separately. Address building registration, primary-tenant liability, keys and any change of use.
Article 608 of the Civil Code generally prohibits transfer of the lease right and subletting without lessor permission, except for a perpetual lease. Owner consent still does not override building rules, insurance and permits for short-term or commercial use. An ordinary guest should not become a subtenant automatically without a clear duration and payment test.
Move-out should mirror move-in and close every obligation
Use the same plan, room list, camera angles, appliance identifiers, keys and meter readings as at move-in. For every difference, record the entry condition, exit condition, wear or damage classification, cause, required work, cost and evidence. An inaccessible area remains not inspected.
Article 618 of the Civil Code requires return of the property and distinguishes normal wear from tenant-fault damage. The final pack should also contain the possession date, all keys and cards, final bills, rent, deposit statement, contact address and signed open-item list. A condition record, deposit return and release of possible claims are different events and should not be collapsed into one no-claims sentence without legal review.
Core lease checks
| Area | Check | Reason |
|---|---|---|
| Parties | Owner, tenant, agent/property manager and signing authority | Responsibility must be clear |
| Property | Project, tower, unit, floor, parking, furniture and permitted use | A unit should not be described only by marketing name |
| Term | Start, expiry, renewal notice and early termination | Move-out and renewal disputes often start here |
| Money | Rent, currency, due date, bank fees and payment proof | USD/riel mechanics should be written |
| Deposit | Amount, currency, deductions, final bills and return timing | No universal return deadline was verified |
| Utilities | Electricity, water, internet, service charge, access cards and meter readings | Cost allocation should be explicit |
| Repairs | Wear, tenant damage, emergency approval and evidence | Remote owners need a process |
| Building rules | Pets, smoking, noise, balcony, guests, subletting and short stay | Internal regulations may control use |
A lease is reviewed only once you have chosen the person who will sign it. Which documents to request from a candidate, what counts as a warning sign and how to do this as a remote owner is covered in screening a tenant. The "Term" row also has a sequel: if the unit is sold before the lease expires, the lease and the deposit do not simply vanish — what happens then is set out in selling an apartment with a sitting tenant.
Move-in pack
- Inventory with photos, video, appliance serial numbers and meter readings.
- Keys, cards, remotes, parking access and a replacement-cost list.
- Building rules and building-management contact details.
- Emergency access and a written maintenance-request channel.
The same pack is used twice — at move-in and at move-out. How to run both, how to calculate deductions from the deposit and where fair wear and tear ends and damage begins is covered in tenant move-in and move-out.
Red flags
- Deposit treated as owner income.
- Subletting or short-term use allowed without building-rule checks.
- No dated condition report.
- Agent signs without clear authority.
- No allocation of service charge, final bills or access-card replacement cost.
Renting out a unit in Phnom Penh? Send the draft lease and we will help check it against this list (parties, deposit, utilities, building rules) before you sign.
Review the leaseTake the quizFAQ
Is this a lease template?
No. It is a checklist for reviewing terms. A Cambodian lawyer should review the final agreement.
Can the deposit be set in US dollars?
Yes, rent and deposits in Phnom Penh are often denominated in USD, but the lease should separately state the payment and deposit-return currency.
Who decides whether short-term letting is allowed?
Check the building rules, the lease, insurance and applicable permits. We could not confirm a single national rule for all condominiums.
Sources
Sub-Decree No.126 and NovAsia research on condo rules · the contract-clause library · NovAsia practical research on apartment upkeep and the USD/riel currency. A national residential lease template, a mandatory deposit size, its return deadline and an access-notice standard were not confirmed in open sources — these are contract-specific and lawyer-review items. This information is for general orientation and is not legal advice.