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Legal regulations on unilateral termination of housing lease contracts

This article provides detailed information on the legal regulations related to unilateral termination of housing lease contracts in Vietnam. It includes the necessary conditions, implementation procedures and the rights of the parties involved in the contract termination process.

1. Concept of housing lease contract

A housing lease contract is a civil contract, under which the lessor is obliged to deliver the house to the lessee for use within the agreed term and the lessee is obliged to pay rent as agreed or as prescribed by law.

2. Unilateral termination of housing lease contract

During the housing lease term as agreed in the contract, the lessor may not unilaterally terminate the lease contract and reclaim the leased housing, except in the following cases.

- 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 Housing Law 2014.

- 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.

- The party unilaterally terminating the housing lease contract must notify the other party at least 30 days in advance, unless otherwise agreed by the parties; if the violation of the provisions in Clause 4, Article 132 of the 2014 Housing Law causes damage, compensation must be paid according to the provisions of law.

(Article 132 of the 2014 Housing Law)