If the tenant voluntarily sub-leases the house, can he/she have the contract canceled in Vietnam?
If the tenant voluntarily sub-leases the house, can he/she have the contract canceled in Vietnam? My name is Kieu, 40 years old, I am a landlord. I rented a house to Phi for 3,000,000 VND, but I did not see Phi in the house for a month, so I went to the house to see and knew that Phi had rented my apartment to a stranger named Phu for 4,000,000 VND. I want to ask if I can cancel the contract with Phi?
Pursuant to Article 132 of the 2014 Housing Law, the case of unilateral termination of the performance of a house lease contract is as follows:
1. During the lease term, the lessor may not unilaterally terminate the lease agreement and withdraw the house, except for cases prescribed in Clause 2 of this Article.
2. The lessor is entitled to terminate unilaterally the lease agreement and withdraw the house in one of following cases:
a) The lessor lease out the state-owned houses or social houses ultra vires and not satisfying requirements as prescribed in this Law;
b) The lessee has not paid the rent for 3 months or more without reasonable explanation;
c) The lessee uses the house for improper purposes as agreed in the agreement;
d) The lessee expands, renovates, or demolishes the house under lease agreement without the consent of the homeowner;
dd) The lessee exchanges, lends, sublets the house under lease agreement without consent of the lessor;
e) 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;
g) Cases prescribed in Clause 2 Article 129 of this Law.
...
4. If any party unilaterally terminates the lease agreement, the other party must be informed for at least 30 days, unless otherwise agreed; if he/she commits violations mentioned in this Clause and cause damage, he/she must pay compensation as prescribed.
Thus, according to the current regulations compared to the case you mentioned, you can unilaterally cancel the contract. However, in the case of termination of the contract, you must notify the tenant Phi of the breach and must give at least 30 days notice, if you do not notify in case you cause damage, you must compensate according to regulations.
Best Regards!
