In fact, the activity of renting a house for education or work purposes in other places is very common, especially in the Ho Chi Minh City area. The responsibility to pay the rent is one of the basic responsibilities of the tenant. So, does the landlord have the right to evict the tenant if they are late in paying the rent?
Article table of contents
Late rent payments, can the landlord evict the tenant? (Illustrative photo)
Pursuant to Article 132 of the Housing Law 2014 regulating the unilateral termination of the rental house contract:
During the rental period agreed upon in the contract, the landlord is not allowed to unilaterally terminate the rental house contract and reclaim the rented house, except for the cases stipulated in Clause 2, Article 132 of the Housing Law 2014.
Cases where the landlord has the right to unilaterally terminate the rental house contract and reclaim the rented house are:
- The rental house belongs to state-owned or social housing rented out without proper authority, incorrect subjects, or wrong conditions as prescribed;- The tenant does not pay rent as agreed for 03 months or more without a legitimate reason;- The tenant uses the house for purposes other than those agreed upon in the contract;- The tenant arbitrarily drills, expands, renovates, or demolishes the rented house;- The tenant subleases, lends, or re-rents the house without the landlord's consent;- The tenant disrupts the order, sanitary environment, seriously affecting the lives of surrounding people as documented by the landlord or the head of the residential group, village, hamlet, or equivalent for the third time and still does not rectify;- Cases specified in Clause 2, Article 129 of the Housing Law 2014.
Thus, according to the above regulation, in the event the tenant does not pay rent as agreed for 03 months or more without a legitimate reason, the landlord has the right to unilaterally terminate the rental house contract and reclaim the rented house.
However, to protect the rights of the tenant, Clause 4, Article 132 of the Housing Law 2014 stipulates that the landlord wanting to terminate the rental contract must notify the tenant at least 30 days in advance, unless otherwise agreed by both parties; if this regulation is violated causing damage, compensation must be made in accordance with the law.
The Housing Law's provisions ensure both the legitimate rights of the landlord in collecting rent fully and on time, and allow the tenant time to find a new place to live when the rental contract is terminated.
Thuy Tram
