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What happens if the tenancy agreement is terminated early in Vietnam?

Termination of the tenancy agreement ahead of time is a unilateral request of the lessor or lessee. To terminate the contract, the other party's consent must be obtained. However, it is not always possible to reach an agreement between the two parties. The unilateral termination party has breached the contract and is responsible for compensating the other party.

What happens if the tenancy agreement is terminated early in Vietnam?

So, what specifically happens if you terminate your tenancy early ? Before cancelling the rental contract, what should be noted to ensure your rights and avoid unnecessary disputes? Find out with Property Plus through the article below!

What happens when you terminate your tenancy early?

Early termination of a tenancy agreement is undesirable, including for the lessee and the lessor. However, during the rental period, some incidents will make you unable to continue renting. Such incidents may stem from personal, professional, or lessor's breach of contract. At this point, you are required to cancel the tenancy agreement early unilaterally.

Several force majeure reasons may arise during the tenancy process, causing you to terminate the tenancy agreement ahead of time.

According to the Housing Law No. 65/2014/QH13 passed by the National Assembly of the Socialist Republic of Vietnam, you will have the right to actively terminate the tenancy agreement ahead of time in the following cases:

  • The house was severely damaged, but the lessor did not repair it.
  • The landlord arbitrarily increases the rent unreasonably without notifying you of the agreed rent increase.
  • Your right to use the rental property is affected by the benefit of a third party.

In addition, if the lessor violates the agreements agreed to and committed in the contract, you can also unilaterally request the termination of the tenancy. However, you need to notify the lessor at least 30 days in advance of the request and the reason for the termination of the contract. Otherwise, you will have to compensate the lessor for the damage.

You are responsible for compensating the lessor if unilaterally terminating the tenancy agreement before the deadline.

There are many force majeure reasons, such as war, natural disasters, epidemics, the apartment being dismantled under the competent authority's decision, etc., causing you to terminate the contract ahead of time. In this case, you need to notify the lessor to terminate the agreement as soon as the force majeure event occurs and the two parties agree on the time to complete the contract. The lessor will refund the collected fees, including deposit and prepaid rent (if any), within 10-15 days from the date you hand over the apartment to the lessor. The two parties agree to terminate the lease contract early and pay the payables according to the contract's provisions.

Things to do when terminating a tenancy agreement ahead of time

You may not be able to continue renting; what you need to do now is to end your tenancy early. Here are some tips for you when encountering this situation.

Carefully review your tenancy agreement again

In most current tenancy agreements, there will be termination provisions. So the first thing to do is to review your lease again for details on early termination carefully. This may include information on claims and damages for early termination of the contract. You should follow the terms outlined in the tenancy agreement and send a notice to the landlord.

Seek legal advice from a professional law firm

If your tenancy agreement does not specify a provision for early termination, or you still do not know how to do it correctly, seek legal advice from a professional law firm.

Seek advice from reputable legal consulting firms

Secure your decision and contact the host

If you are sure that you want to terminate your tenancy early unilaterally, contact your landlord immediately to inform you of this decision. You can negotiate and seek the landlord's consent. This makes the contract termination faster and reduces unwanted disputes.

Find a new tenant to transfer the lease agreement

If you need to cancel your lease immediately and you can't give notice by the time specified in the contract, you can ask to find a new tenant to reduce the damage to the landlord. This also makes it easier for you to get your landlord's consent to terminate the lease.

Find someone else to reassign the lease

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