If I have not paid rent for more than 3 months and lessor has not announced termination of contract, can leasing contract continue to be valid in Vietnam?
If I have not paid rent for more than 3 months and lessor has not announced termination of contract, can leasing contract continue to be valid in Vietnam?
My name is Kim and I'm a student. The last 3 months the pandemic has reduced, so I returned to my hometown without informing or paying rent. So now that I move up, can I pay the debt and continue to stay at the boarding house? During these 3 months I have not stayed a single day in that boarding house? The lessor has not given notice that he will terminate the contract with me.
If I have not paid rent for more than 3 months and lessor has not announced termination of contract, can leasing contract continue to be valid in Vietnam? (Image from the Internet)
If I have not paid rent for more than 3 months and lessor has not announced termination of contract, can leasing contract continue to be valid in Vietnam?
Pursuant to Article 28 of the Law on Real Estate Business 2014, regulations on rights of the lessee are as follows:
1. Request the lessor to transfer buildings by the deadline specified in the agreement.
2. Request the lessor to provide sufficient and truthful information about the building.
3. Exchange the building which is renting to other lessee with the consent of the lessor in writing.
4. Sublet a part of total of the building, if it is agreed in the agreement or the lessor agrees in writing.
5. Keep renting as conditions agreed with the lessor in case the ownership is changed.
6. Request the lessor to repair the building in case the building’ damage is not caused by the lessee’s fault.
7. Request the lessor to Pay compensation for damage caused by the lessor’s fault.
8. Unilaterally terminate performance of the agreement as prescribed in Clause 2 Article 30 of this Law.
9. Exercise other rights specified in the agreement.
In addition, Article 29 of the Law on Real Estate Business 2014 stipulates the obligations of the lessee as follows:
1. Preserve and use buildings properly with their utilities, design and agreement specified in the agreement.
2. Pay the rent in full for the building sale by the deadline and the method under the agreement.
3. Repair damage of the building caused by the lessee.
4. Return the building to the lessor under the agreement.
5. Do not renovate or demolish the building without the consent of the lessor.
6. Pay compensation for damage caused by the lessee.
7. Fulfill other obligations specified in the agreement.
Unilateral termination of the lease agreement is stipulated in Article 30 of the Law on Real Estate Business 2014 as follows:
1. The lessor may unilaterally terminate performance of building lease agreement if the lessee commits the following acts:
a) Fail to pay the rent after 3 months from the deadline as specialized in the agreement without approval of the lessor;
b) Use the building for the improper purpose;
c) Intentionally cause serious damage to the leased building;
d) Repair, renovate, upgrade, exchange or sublet the building without any agreement or the lessor’s agreement in writing.
3. Any party which unilaterally terminates the lease agreement must notify the other party for at least 01 month prior to the termination, unless otherwise agreed.
Thus, the fact that you lack 3 months' rent is enough grounds for the landlord to terminate the rental contract with you. However, this termination will require 1 month's notice. Therefore, in case you want to continue signing the contract, you need to meet, present and renegotiate with the lessor. If they agree, you can completely continue to perform the contract in Vietnam.
According to this Article, the lessor has right to receive full payment according to the time and method agreed in the contract. According to this Article, the lessee's obligation is to pay in full according to the agreement of the contract in Vietnam, so whether you live or not, the contract is still there and you still have to perform the contract.
In addition to the lessor, the lessee in some cases can also unilaterally terminate the contract in Clause 2, Article 30 of the Law on Real Estate Business 2014 is as follows:
2. The lessee may unilaterally terminate performance of building rent agreement if the lessee commits the following acts:
a) Failure to repair the building when it threatens safety or causes damage for the lessee;
b) Unreasonable increase of rent;
c) The right to enjoyment of the building is restricted by the interests of a third person.
Best regards!
