Clubs · Dec 13, 2024 · 2 min read
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Clubs · Dec 13, 2024 · 2 min read
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This article explains the cases in which the parties can unilaterally terminate the housing lease contract according to Vietnamese law. It provides detailed information on specific conditions, helping tenants and landlords understand their rights and obligations, thereby implementing the contract legally and avoiding unnecessary disputes.
According to the provisions of Article 132 of the 2014 Housing Law, the unilateral termination of a housing lease contract is regulated as follows:
- During the housing lease term as agreed in the contract, the lessor may not unilaterally terminate the housing lease contract and reclaim the leased housing, except in the cases specified below.
- The lessor has the right to unilaterally terminate the lease contract and reclaim the leased house in one of the following cases:
+ The lessor of state-owned housing or social housing leases out without proper authority, to the wrong subjects, or without meeting the conditions prescribed by the 2014 Housing Law;
+ The tenant does not pay the rent as agreed for 03 months or more without a valid reason;
+ The tenant uses the house for purposes other than those agreed in the contract;
+ The tenant arbitrarily breaks, expands, renovates, or demolishes the rented house;
+ The lessee converts, lends, or sublets the rented house without the consent of the lessor;
+ The tenant causes disorder and environmental sanitation, seriously affecting the lives of people around, and has been recorded by the landlord or the head of the residential group, village, hamlet, village, commune, village, or hamlet for the third time but still fails to remedy the situation;
+ Belonging to the case specified in Clause 2, Article 129 of the 2014 Housing Law
- The tenant has the right to unilaterally terminate the housing lease contract when the landlord commits one of the following acts:
+ Do not repair houses when there is serious damage;
+ Unreasonably increasing the rental price or increasing the rental price without notifying the tenant in advance as agreed;
+ When the right to use the house is restricted due to the interests of a third party.
Note: The party unilaterally terminating the performance of the housing lease contract must notify the other party at least 30 days in advance, unless the parties have another agreement; if the violation of the provisions of this clause causes damage, compensation must be paid according to the provisions of law.
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