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Conditions for unilateral termination of a rental contract?

This article provides detailed information on the conditions required to unilaterally terminate a rental contract. It explains current Vietnamese legal regulations, helping tenants and landlords understand when they can legally terminate the contract, thereby protecting their rights and avoiding unnecessary disputes.

Pursuant to Article 428 of the 2015 Civil Code, unilateral termination of contracts is regulated as follows:

“Article 428. Unilateral termination of contract performance

1. A party has the right to unilaterally terminate the performance of the contract and not have to compensate for damages when the other party seriously violates its obligations in the contract or as agreed by the parties or provided by law.

2. The party unilaterally terminating the contract must immediately notify the other party of the termination of the contract. If failure to notify causes damage, compensation must be paid.

3. When a contract is unilaterally terminated, the contract shall terminate from the time the other party receives the notice of termination. The parties shall not be required to continue performing their obligations, except for agreements on penalties for violations, compensation for damages and agreements on dispute resolution. The party that has performed its obligations shall have the right to request the other party to pay for the portion of its obligations performed.

4. The party damaged by the other party's failure to properly perform its contractual obligations shall be compensated.

5. In case the unilateral termination of the contract is not based on the basis specified in Clause 1 of this Article, the party unilaterally terminating the contract shall be determined to be the party in breach of obligations and shall be subject to civil liability in accordance with the provisions of this Code and other relevant laws for failing to properly perform the obligations in the contract.

Thus, termination can be resolved in two cases as follows:

1. Case 1: In the case where the two parties have a clear agreement in the contract that the old landlord must move the furniture and give the other party an empty space for business, then not handing over the space and gambling in the house without permission is considered a breach of contract that affects one's legitimate rights and interests, so one party has the right to unilaterally terminate the contract without having to pay compensation.

2. Case 2: If the contract does not include an agreement on handing over the entire premises, then if the landlord is still gambling in the apartment, it will not be a basis for you to unilaterally terminate the contract.