How to unilaterally terminate a housing lease contract?

How are rental terms and housing rental prices regulated in current law?

According to the provisions of Article 129 of the Housing Law 2014 Specifically as follows:

- The lessor and lessee can agree on the rental term, rental price and form of periodic or one-time rental payment; In case the State has regulations on housing rental prices, the parties must comply with those regulations.

- In case the rental contract has not expired Where the lessor renovates the house and receives the lessee's consent, the lessor has the right to adjust the house rental price. New housing rental price is agreed upon by the parties; In case no agreement can be reached, the lessor has the right to unilaterally terminate the housing lease contract and must compensate the lessee according to the provisions of law.

- The lessor and lessee of housing have their legal rights and interests protected by the State during the process of renting and leasing housing.

How are cases of termination of housing lease contracts regulated?

Pursuant to Article 130 of the 2014 Housing Law Specific regulations are as follows:

- In case of renting a state-owned house, the lease contract will be terminated in one of the cases specified in Clause 1, Article 84 of this Law.

- In case of renting a house not owned by the state, termination of the house lease contract is carried out in one of the following cases:

+ The housing lease contract expires; In case the contract does not specify a term, the contract will terminate after 90 days from the date the lessor notifies the lessee of the contract termination;

+ Both parties agree to terminate the contract;

+ Rental housing is no longer available;

+ The lessee dies or is declared missing by the Court, but when he dies or goes missing, no one is living with him;

+ The rental housing is severely damaged, at risk of collapse, or in an area where a decision on land recovery, house clearance, or demolition decision has been issued by a competent state agency; Rental housing is subject to purchase or requisition by the State for other purposes. The lessor must notify the lessee in writing 30 days in advance of the termination of the housing lease contract specified in this Point, unless the parties have otherwise agreed;

+ Termination according to the provisions of Article 132 of this Law.

How to unilaterally terminate a housing lease contract?

According to the provisions of Article 131 of the Housing Law 2014 stipulated as follows:

- During the housing rental term as agreed in the contract, the lessor is not allowed to unilaterally terminate the rental contract and recover the rented house, except for the cases specified in Clause 2 of this Article.

- The lessor has the right to unilaterally terminate the rental contract and recover the rented house in one of the following cases:

+ The lessor of state-owned housing or social housing leases without authority, to the wrong subjects, or to the wrong conditions as prescribed by this Law;

+ The lessee does not pay the agreed rent for 3 months or more without a legitimate reason;

+ The lessee does not use the house for the right purpose as agreed in the contract;

+ The lessee arbitrarily destroys, expands, renovates, or demolishes the rented house;

+ The lessee converts, lends, or sublets the rented house without the consent of the lessor;

+ The lessee disrupts order and environmental hygiene, seriously affecting the lives of surrounding people who have been approved by the lessor or the head of the residential group, village, hamlet, hamlet or hamlet. Phum and Soc made a record for the third time but still did not fix it;

+ Falling into the cases specified in Clause 2, Article 129 of this Law.

- The lessee has the right to unilaterally terminate the housing lease contract when the lessor commits one of the following acts:

+ Do not repair the house when there is serious damage;

+ Unreasonably increasing the rental price or increasing the rental price without notifying the lessee in advance as agreed;

+ When the right to use the house is limited due to the interests of a third person.

- The party that unilaterally terminates the housing lease contract must notify the other party at least 30 days in advance, unless the parties have otherwise agreed; If violating the provisions of this Clause causes damage, compensation must be made according to the provisions of law.