17/02/2025 11:25

What are cases in which parties are entitled to unilaterally terminate a house leasing contract in Vietnam? What are judgments related to this issue?

What are cases in which parties are entitled to unilaterally terminate a house leasing contract in Vietnam? What are judgments related to this issue?

What are cases in which parties are entitled to unilaterally terminate a house leasing contract in Vietnam? Are there any judgments regarding disputes over house leasing contracts in Vietnam?

What are cases in which parties are entitled to unilaterally terminate a house leasing contract in Vietnam?

According to Article 172 of the Vietnam Housing Law 2023, during the lease period as agreed in the contract, the parties are not allowed to unilaterally terminate the house leasing contract, except in the following cases:

(1) For the housing lessor

The housing lessor has the right to unilaterally terminate the house leasing contract and repossess the leased house in any of the following cases:

- The lessor leases out public property, social housing, housing for the armed forces, worker accommodations in industrial zones improperly in terms of authority, subject, or without satisfying legal housing conditions;

- The lessee fails to pay the full rental amount agreed upon in the contract for 3 months or more without reasons agreed upon in the contract;

- The lessee uses the house for purposes other than those agreed in the contract;

- The lessee arbitrarily alters, expands, renovates, or demolishes the rented house;

- The lessee transfers, lends, or subleases the rented house without the lessor's consent;

- The lessee disturbs public order, environmental sanitation, severely affects the lives of surrounding residents, and has been recorded in the minutes by the lessor or the head of the residential group, hamlet, village, or similar authority up to the third time without remedy;

- The case specified in Clause 2, Article 170 of the Vietnam Housing Law 2023.

(2) For the housing lessee

The lessee has the right to unilaterally terminate the house leasing contract in the following cases:

- The lessor fails to repair the house when it is severely damaged;

- The lessor unreasonably increases the rental price or increases the price without notifying the lessee beforehand as agreed in the contract;

- When the right to use the house is restricted due to the interests of a third party.

The party unilaterally terminating the house leasing contract must notify the other party in writing or by another form agreed in the contract at least 30 days in advance, except where otherwise agreed by the parties; if a violation of this regulation causes harm, compensation must be provided according to the law.

What are judgments regarding disputes over house leasing contracts in Vietnam?

Below is a collection of judgments on disputes concerning house leasing contracts:

No. Judgment Title Trial Date Issuing Authority
1 Judgment 16/2024/DS-ST on disputes over rental housing and land use rights February 22, 2024 People's Court of Long Ho District, Vinh Long Province
2 Judgment 05/2024/DS-ST on disputes of house leasing contracts, land use rights lease contracts, and land use rights transfer contracts January 31, 2024 People's Court of Ben Tre City, Ben Tre Province
3 Judgment 18/2024/DS-ST on a house leasing contract dispute January 29, 2024 People's Court of Di An City, Binh Duong Province
4 Judgment 548/2023/DS-PT on a housing lease dispute November 17, 2023 People's Court of Ho Chi Minh City
5 Judgment 53/2023/DS-ST on housing lease dispute and collateral agreement of land use rights June 26, 2023 People's Court of LH District, VL Province
6 Judgment 294/2023/DS-PT on land use rights dispute; house leasing contract May 22, 2023 People's Court of Tien Giang Province
7 Judgment 282/2022/DS-PT on disputes concerning invalidation of notarized documents, land use rights transfer dispute, property recovery, and house leasing contract September 21, 2022 People's Court of Long An Province
8 Judgment 36/2022/DS-ST on a house leasing contract dispute and asset recovery July 7, 2022 People's Court of Cai Lay Town, Tien Giang Province
9 Judgment on house leasing contract dispute number 128/2022/DS-ST May 5, 2022 People's Court of Quy Nhon City, Binh Dinh Province
10 Judgment on house leasing contract dispute number 210/2022/DS-PT April 29, 2022 People's Court of Ho Chi Minh City
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