Right to unilaterally terminate the housing lease contract

Article overview

Unilateral termination of housing lease contract this is an important benefit that both tenants and landlords need to understand. This right helps protect the interests of the parties in the event of a dispute or when the lease conditions are no longer suitable. The following article will analyze in detail the legal regulations related to unilateral termination of housing lease contracts.

Unilateral termination of housing lease contract
Unilateral termination of housing lease contract

What is a residential lease contract?

A housing lease contract is a written agreement between the lessor and the lessee regarding the use of the housing. This contract is established based on the principles of voluntariness and equality between the parties. Signing a housing lease contract must comply with the provisions of the Law on Housing 2023.

The basic contents of a housing lease contract include:

  • Information about the parties to the contract
  • Characteristics of rental housing
  • Rental price and payment method
  • Rental term
  • Rights and obligations of the parties
  • Terms of contract termination.
Housing rental contract
Housing rental contract

Cases of unilateral termination of housing lease contracts

According to Article 172 of the Law on Housing 2023, the lessor has the right to unilaterally terminate the housing lease contract when:

  • The landlord of public housing, social housing, housing for the people’s armed forces, and worker accommodation in industrial parks leases it without authority or to the right people or without qualified conditions according to the provisions of housing law;
  • The lessee fails to pay the full rent as agreed in the contract for 3 months or more without a reason agreed in the contract;
  • The lessee does not use the house for the purpose agreed in the contract;
  • The lessee arbitrarily destroys, expands, renovates, or demolishes the rented house;
  • The lessee converts, lends, or sublets the rented house without the consent of the lessor;
  • The lessee disrupts order and environmental hygiene, seriously affecting the lives of surrounding people who have been approved by the lessor or the head of the residential group, village, hamlet, hamlet, village, etc, the squirrel made a record for the third time but still did not fix it;
  • In case the lessor renovates the house and receives the lessee’s consent, the lessor is entitled to adjust the house rental price if the remaining rental period is one-third or less of the term of the house lease contract. New housing rental price is agreed upon by the parties; In case no agreement can be reached, the lessor has the right to unilaterally terminate the housing lease contract and must compensate the lessee.

The lessee has the right to unilaterally terminate the housing lease contract when:

  • The lessor does not repair the house when there is serious damage;
  • The housing lessor increases the rental price unreasonably or increases the rental price without notifying the lessee in advance as agreed in the contract;
  • When the right to use the house is limited due to the interests of a third person.

Rights and obligations of the parties when one party terminates the housing lease contract

When exercising the right to unilateral termination, the parties must:

  • Notify the other party in writing: Draft a clear written notice, clearly stating the reason for terminating the contract and effective time. Send this notice to the lessee or lessor by the method agreed in the contract (by post, email or in person).
  • Fully pay outstanding amounts: Check and determine outstanding rent, including last month’s rent, electricity, water, service fees and other fees. Make payments on time to avoid disputes.
  • Compensation for damages (if any): Assess possible damages from early contract termination, such as property damage, repair costs or loss of income (for landlords). If necessary, compensate the other party according to the agreement or according to the provisions of law.
  • Hand over the house according to the agreed upon condition: Carry out the handover of the house in the condition agreed upon in the contract. It is necessary to check and record the condition of the house, including the remaining equipment and furniture. Prepare a handover record and ask the recipient to sign for confirmation to ensure transparency.

Notice period before unilaterally terminating the housing lease contract

The party that unilaterally terminates the housing lease contract must notify the other party in writing or in another form as agreed in the contract at least 30 days in advance, unless the parties have otherwise agreed; In case of violating the provisions of this Clause and causing damage, compensation must be made according to the provisions of law.

Reference content: Clause 4, Article 172 of the Law on Housing 2023.

 Regulations on notification period
Regulations on notification period

Consulting services on the right to unilaterally terminate the performance of housing lease contracts in Long Phan

Unilateral termination of a housing lease contract is not only a right but also a useful tool to help parties protect their rights in case of disputes or changes in needs. Long Phan is committed to providing customers with the most professional and effective consulting services.

The services we provide include:

  • Consulting on contract termination conditions: Analyze contract terms to determine termination rights and conditions.
  • Drafting a written notice of termination: Prepare a written notice of contract termination, clearly stating the reason and effective date.
  • Support negotiations with the other party: Participate in negotiations to find a satisfactory solution for both parties.
  • Resolving arising disputes: Assisting in providing optimal solutions to resolve disputes that may arise from contract termination.
  • Authorized representation during implementation: Representing the authorizing party in meetings and related procedures.

Unilateral termination of a housing lease contract is a legal right, but it needs to be done according to regulations to avoid legal risks. Long Phan with a team of professional consultants will support customers in exercising this right effectively and safely. Please contact Long Phan immediately via the hotline: 0906735386 for detailed advice on the right to unilaterally terminate a housing lease contract.