Does the lease contract for residential housing in Vietnam terminate if the landlord dies?

Does the lease contract for residential housing in Vietnam terminate if the landlord dies?

Pursuant to Article 133 of the Law on Housing in 2014 stipulating rights to continue renting houses as follows:

1. In case the homeowner dies but the lease has not expired, the lessee has right to continue renting the house for the rest of their lease term. The heir is required to keep performing the lease agreement, unless otherwise agreed. If the homeowner has no lawful heir as prescribed, that house shall be under ownership of the State and the lessees have right to continue renting as prescribed in regulations on management and use of state-owned houses.

2. If the homeowner transfers ownership of the house under lease agreement to other people but the lease term has not expired, the lessee has right to continue renting for the rest of their lease term; the new homeowner must keep performing the lease agreement, unless otherwise agreed.

3. If the lessee dies but the lease term has not expired, any people living with the lessee has right to continue renting for the rest of the lease term, except for official residence lease or unless otherwise agreed.

Therefore, according to the above regulations, if the landlord dies but the lease term of the residential housing still remains, the tenant can continue to live until the end of the lease term.

Your lease contract still has a term until February 2023, so you will be able to continue to rent until then, even though Ms. K, the landlord, has died. The heirs of Ms. K will be responsible for continuing the residential lease contract with you. If there are no heirs, the State will be responsible for all management.

Does the lease contract for residential housing in Vietnam terminate if the landlord dies? - Source: Internet

Can the lease contract be terminated if the heirs of the deceased landlord unreasonably increase the rent in Vietnam?

Pursuant to Clause 3 Article 132 of the Law on Housing in 2014, the lessee is entitled to terminate unilaterally the lease agreement:

- The lessor does not repair the house when it is seriously damaged;

- The lessor increases the rents unreasonably or increases the rents without notification to the lessee;

- The right to enjoyment of the house is restricted by interests of a third party.

Therefore, according to the analysis above, the heirs of Ms. K will be responsible for continuing to perform the lease contract with you, so all previous agreements and benefits will remain in effect.

Ms. K's daughter cannot unreasonably increase the rent without first consulting with you. If Ms. K's daughter increases your rent unreasonably, you can unilaterally terminate the lease contract without violating the law.

In what cases does the landlord have the right to unilaterally terminate the lease contract in Vietnam?

Pursuant to Clause 2 Article 132 of the Law on Housing in 2014, the lessor is entitled to terminate unilaterally the lease agreement and withdraw the house in one of following cases:

- The lessor lease out the state-owned houses or social houses ultra vires and not satisfying requirements as prescribed in this Law;

- The lessee has not paid the rent for 3 months or more without reasonable explanation;

- The lessee uses the house for improper purposes as agreed in the agreement;

- The lessee expands, renovates, or demolishes the house under lease agreement without the consent of the homeowner;

- The lessee exchanges, lends, sublets the house under lease agreement without consent of the lessor;

- The lessee still creates disorder or breaches hygiene an environment conditions causing negative effects on activities of the neighborhood although he/she is warned for the third time by the lessor or the chief of neighborhood, the chief of village;

- Cases prescribed in Clause 2 Article 129 of this Law.

Above are 08 cases in which the landlord have the right to unilaterally terminate the lease contract in Vietnam.

Best regards!