DRAFTING NOTICE ON TERMINATION OF HOUSE RENTAL CONTRACT FOR FOREIGNERS

Currently, the demand for renting houses of foreigners is increasing because foreigners come to live and do business in Vietnam. But for some reasons, foreigners do not want to rent a house from Vietnamese individuals or organizations anymore, so notice of termination of the tenancy agreement to the owner is necessary before terminating the tenancy. So how can the foreigner terminate the rental agreement in accordance with the law?

In the article below, Lincon Law Firm will give some note when writing notice of termination of rental contract for foreigners and provide the modal of Notice of termination of rental agreement. notice of termination of leasing agreement

1. The cases in which rental contracts are terminated

In not every case, a foreigner has the right to terminate a lease contract, but first of all, it is necessary to see the law in which cases the parties or a party have the right to terminate the lease.

According to the Law on Housing 2014, the following parties have the right to terminate the rental contract:

– The lease agreement expires; regarding the unlimited term agreement, it shall terminate after 90 days, from the day on which the lessor notify the lessee of the termination of the lease agreement;

– Both contracting parties agree to terminate the agreement;

– The house for lease no longer exists;The lessor does not live with anybody when he/she dies or is declared missing by the court.

– Any house for lease which is damaged, in danger of collapse or in the area subject to land withdrawal or housing clearance or demolition according to decisions issued by the competent agency; or any house for lease subject to decision on compulsory purchase order or commandeering issued by the State to use for other purposes.

The lessor must notify the lessee of the termination of the lease agreement in writing before 30 days in these cases, unless otherwise agreed

– The agreement terminates in case of Unilateral termination of lease agreement. The lessee – the foreigner is entitled to terminate unilaterally the lease agreement in following cases:

– The lessor does not repair the house when it is seriously damaged;

– The lessor increases the rents unreasonably or increases the rents without notification to the lessee;

– The right to enjoyment of the house is restricted by interests of a third party.

2. Term of notice before termination of rental agreement

To protect the legitimate interests of the lessor, the law stipulates that any house for lease which is damaged, in danger of collapse or in the area subject to land withdrawal or housing clearance or demolition according to decisions issued by the competent agency; or any house for lease subject to decision on compulsory purchase order or commandeering issued by the State to use for other purposes, the lessor must notify the lessee of the termination of the lease agreement in writing before 30 days.

In other cases, the law does not specify the period of advance notice, the foreigner – the lessee can rely on the advance notice period in the contract. In case the contract does not have an agreement on the notice period before terminating the contract, for the convenience of both the lessor and the lessee, the lessee – the foreigner should send a notice of contract termination to the party at least 30 days in advance.

3. The modal of Notice of termination of rental agreement

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Hapiness

————

HCM city, [day] …. [month]…. [year]

NOTIFICATION

Ref: Terminating lease agreement

Dear: 

Name: …………………………….. (The Lessor) Nationality: ………………………..

ID/Passport no.: …………………………………. Date of issue: ………………………

Permanent Address: ……………………………………………………………………..

Being the legal owner of the apartment [address]……………………………………..

My name is: ………………………………………………………………………. (The Lessee)

Address: …………………………………………………………………………………..

Tel: ………………………………………………………………………………………..

Nationality: ………………………………………………………………………………

Passport no.: ………………………………………Date of issue: ……………………

According to Lease Agreement signed on ……………… between ……………….. and me,…………….. This Agreement will be expired on …………… 

According to section a Article 131.2 Law on housing 2014:

Article 131. Terminating lease agreement

With respect to agreements on non-state-owned house lease, they shall be terminated in one of the following cases:

a) The lease agreement expires; regarding the unlimited term agreement, it shall terminate after 90 days, from the day on which the lessor notify the lessee of the termination of the lease agreement;

b) Both contracting parties agree to terminate the agreement;

c) The house for lease no longer exists;

d) The lessor does not live with anybody when he/she dies or is declared missing by the court;

dd) Any house for lease which is damaged, in danger of collapse or in the area subject to land withdrawal or housing clearance or demolition according to decisions issued by the competent agency; or any house for lease subject to decision on compulsory purchase order or commandeering issued by the State to use for other purposes.

The lessor must notify the lessee of the termination of the lease agreement in writing before 30 days as prescribed in this Clause, unless otherwise agreed;

e) The agreement terminates as prescribed in Article 132 of this Law.

Based on the foundation I give above , Lease Agreement will be expired on ………….. and now, I do not have demand to continue to lease the apartment, therefore, today, ………………, I write this notification about terminating lease agreement to ……….., to notify ………………… to know, implement in accordance with the content of lease agreement signed on ………………….. and legal provisions.

Notifying person

(Signing and writing name)

Lincon Law Firm provide services of drafting, in-depth consulting relating to contract notice of termination. The sequence is as follows:

– Collecting information from customers to conduct a detailed and specific consultation;

– Instruct businesses to prepare basic information and documents so that Lincon can prepare records;

– Lincon proceeds to compose records when having received all the documents provided by customers;

– Advise customers on points to note in the contract;

– Handing over the results and liquidating the contract.

Above is some information about drafting notice of termination. Although the lease is not a high value contract, but it is very popular nowadays, and in not all cases, the parties can terminate the contract but must comply with the laws of Vietnam. Especially, foreigners need to thoroughly understand Vietnamese laws and regulations before terminating the contract. Lincon Law Firm is a law firm with many years of experience in legal consultancy, especially in agreements. Lincon Law Firm is always ready to provide good legal services.