HÃNG LUẬT DHP

ASK

I live in Ha Noi. I have rented my house to a company for 6 years for living and doing business, with a deposit of 3 months’ rent. The lease contract is notarized at the State Notary Office. After the rental period, due to the distance, the tenant arbitrarily transferred to another person to sublet his house without notifying him. The tenant also gets back the amount of his deposit from the sub-tenant. Now, the tenant due to difficult business came to contact me to return the house and liquidate the lease. Only now did I know that the former tenant had sub-let as mentioned, presented by the sub-tenant. Contacted by phone many times, the old tenant made an appointment to liquidate the contract; but I’m sorry I can’t enter, so many times. With such a situation, I also want to liquidate the contract; but the lessee refuses to liquidate the contract, in case the lessee violates the terms of the contract (arbitrarily subleases the whole house), he can request the State Notary Office to liquidate the contract. are not?

ANSWER

DHP LAW will answer your questions as follows:

Article 475 of the 2015 Civil Code stipulates on sublease as follows: “The lessee has the right to sublease the property it has leased, if the lessor agrees”.

According to you, you have rented a house to the company for business, but the company leases it back. If there is no sublease agreement between you and the first tenant in the lease agreement, your tenant company has no right to sublet without your consent.

Clause 2, Article 132 of the Law on Housing 2014 stipulates that unilaterally terminating the performance of a house lease contract as follows: “2. The lessor has the right to unilaterally terminate the performance of the house lease contract and withdraw the house being leased in one of the following cases:

…

1. dd) The lessee converts, lends or sub-leases the rented house without the lessor’s consent; …”.

When the tenant violates the tenancy agreement, you have the right to unilaterally terminate the tenancy agreement to take back the housing.

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