If the tenant does not agree to repair or renovate the house in Vietnam, can the landlord continue to do it?
My name is Hoa is a second year student, I currently rent a room in District 9 of Ho Chi Minh City. My lease contract has 3 months left to expire. However, my landlord now wants to renovate and repair the house. I would like to ask if in case I don't agree, can the host repair or renovate the house in Vietnam?
Pursuant to Article 89 of the Housing Law 2014, the regulations on maintenance and renovation of lease houses are as follows:
1. The lessor may renovate the house with the consent of the lessee, except for emergency cases or force majeure events; the lessee shall enable the lessor to maintain or renovate the house.
2. The lessor is entitled to adjust the proper rents after finishing the renovation provided that the remaining lease term is shorter than one third of lease term; in case the lessee does not agree with the new rent, he/she entitled to unilaterally terminate the agreement and claim the compensation as prescribed.
3. In case the lessee is required to move to another place for housing maintenance or renovation, the contracting parties shall agree about the temporary place and the rent during the maintenance or renovation period; in case the lessee may manage the accommodation themselves and has paid the rent for entire maintenance or renovation period, the lessor must repay that amount of rent to the lessee. The maintenance or renovation period shall not be included in the term of the housing lease agreement. The lessee is entitled to keep renting the house after finishing the maintenance or renovation.
4. The lessee is entitled to request the lessor to maintain the house, unless the house is damaged caused by the lessee; in case the lessor does not maintain the house, the lessee is entitled to carry out the maintenance provided that he/she notifies the lessor in writing at least 15 days preceding the maintenance's date. The notification must state the maintenance program and funding. The lessor must pay the maintenance funding to the lessee or amortize the rents.
Thus, according to the current law to carry out the maintenance of the house, the landlord must have the consent of the tenant. Compared to your case, when you disagree, the host must wait for you at the end of the contract or the host will terminate the contract unilaterally and compensate you unless the home renovation is urgent and due to force majeure in Vietnam.
Best Regards!
