What to do when landlord unilaterally terminate tenancy contract in Vietnam?
Before signing the Tenancy Contract, the tenant needs to fully understand the information in the contract to ensure their interests and avoid possible disputes in the future, including regulations on the term of the lease. In some cases, because of various reasons, the landlord may take back the house by unilaterally terminating the agreement. So, in this article, LSX legal firm will help you to answer: “What to do when landlord unilaterally terminate tenancy contract in Vietnam?”
Legal grounds
- Law on Housing 2014
- Civil Code 2015
Content of a tenancy contract
Contracting parties shall conclude and make a housing agreement in writing, including:
- Full names of individuals, names of organizations, and addresses of contracting parties;
- Description of characteristics of the house and the piece of land attached to that house. Regarding agreements on apartment sale or lease purchase, contracting parties must state the common areas or common-using areas; private areas; floor areas; purposes of the common areas or common-using areas in the apartment building according to approved design;
- The value of contributed capital, the transaction price of housing if there is a term on pricing in the agreement; regarding transactions in housing sale, lease, or lease purchase which is regulated pricing by the State, contracting parties shall comply with that regulations;
- Deadline for and method of payment regarding transactions in housing sale, lease, lease purchase, or transfer of agreements on housing sale;
- Deadline for housing transfer; housing warranty duration regarding transactions in buying or renting and buying a new house; terms of agreements on housing lease, lease purchase, mortgage, lending, permission for stay, authorization of housing management; deadline for capital contribution;
- Rights and obligations of contracting parties;
- Commitments of contracting parties;
- Other agreements;
- Effective date of the agreement;
- Date of agreement;
- Signatures and full names of contracting parties, or stamps (if any) and positions of the signatories regarding organizations.
A rental contract belongs to forms of housing contracts, so it will also contain the same contents as the above provisions.
Landlord unilaterally terminate tenancy contract to take the house
Pursuant to Article 132 of the Law on Housing 2014, during the agreed-upon lease term, the lessor may not unilaterally terminate the lease contract and recover the currently leased house, except in the following cases:
The lessor has the right to terminate unilaterally the lease agreement and withdraw the house in one of the following cases:
- Firstly, the lessor leases out the state-owned houses or social houses ultra vires and not satisfying requirements as prescribed in this Law;
- Secondly, the lessee has not paid the rent for 3 months or more without reasonable explanation;
- Thirdly, the lessee uses the house for improper purposes as agreed in the agreement;
- Fourthly, the lessee expands, renovates, or demolishes the house under the lease agreement without the consent of the homeowner;
- Fifthly, the lessee exchanges, lends, sublets the house under the lease agreement without the consent of the lessor;
- Sixthly, the lessee still creates disorder or breaches hygiene an environment conditions causing negative effects on activities of the neighborhood although he/she is warned for the third time by the lessor or the chief of the neighborhood, the chief of the village;
- Lastly, cases prescribed in Clause 2 Article 129 of this Law.
Therefore:
- If the reason for taking back the house fall into the cases mentioned above, the landlord completely has the right to terminate the lease contract before the due date and take back the house rented.
- If the reason for taking back the house does not fall into the above cases, the landlord has unilaterally terminated the tenancy agreement illegally. So, you can sue the landlord to comply with the agreement in the contract or to compensate for damage.
How to claim compensation if the landlord takes back the house before the due date?
According to Clause 4, Article 428 of the 2015 Civil Code, the party suffering damage due to the other party’s failure to perform its contractual obligations is compensated.
Therefore, in the event that the landlord unilaterally terminates the rental contract illegally, he or she must compensate for damage if it causes damage to you.
Furthermore, if the contract has provisions on deposit fines and fines for violations when unilaterally terminating the rental contract against the law, the landlord will have to pay compensation for the deposit and fine as agreed.
The statute of limitations for initiating a lawsuit to request the Court to settle a contract dispute: 3 years from the date of knowing that the landlord wants to reclaim the house.
Compensation for damage
Under Article 585 of the Civil Code 2015, actual damage must be fully and promptly compensated. The parties may agree on the level, form, and mode of compensation.
Accordingly, the obligee can claim compensation for benefits that he or she would have enjoyed under the contract. The obligee may also require the obligor to pay expenses incurred due to the non-fulfillment of the contractual obligations that do not overlap with the level of compensation for the benefits brought by the contract.
At the request, the court may force the obligor to compensate the obligee for mental damage. The level of compensation shall be decided by the Court based on the nature of the case.
Thus, when the landlord wants to take back the house before the due date, which affects the legal rights of the tenant, the tenant can ask the landlord to compensate for the actual damage and mental damage (if any). If you cannot agree on the amount of compensation, you can sue in court.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
Finally, hope this article is useful for you to answer the question about “What to do when landlord unilaterally terminate tenancy contract in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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Related questions
Firstly, the lessor does not repair the house that seriously damaged.
Secondly, the lessor increases the rents unreasonably or increases the rents without notification to the lessee.
Thirdly, the right to the enjoyment of the house restricted by the interests of a third party.
Step 1: The lessor or the lessee may unilaterally terminate the contract in the cases mentioned in Clause 2, Clause 3, Article 132 of the Law on Housing 2014.
Step 2: After the correct case has been identified and the evidence proves that there are grounds for terminating the tenancy contract, the unilaterally terminating party must notify the other party at least 30 days in advance, unless the parties otherwise agreed (Clause 3, Article 132 of the Law on Housing 2014).
Additionally, if the rental contract made in writing and notarized at the notary office, a notice should be sent to the notary office.
Step 3: If the other party agrees to the termination, both parties make a record of liquidation of the lease contract.
When having a dispute about the rental contract that the two parties cannot resolve, they can file an application to the Court where the dispute occurs (the place of lease or rent) to ask the court to settle in accordance with the law.
Regarding transactions in giving houses of gratitude; sale or lease purchase of state-owned housing; sale or lease purchase of social housing, housing serving the relocation; contributed housing which one entity of contracting parties is an organization; housing lease, lending, permission for stay, or authorization of housing management, the law does not require to notarize or authenticate the agreement.
Conclusion: So the above is What to do when landlord unilaterally terminate tenancy contract in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
