Can the lessor unilaterally terminate the lease ahead of time? We research and advise in detail as follows: Pursuant to Article 472 of the 2015 Civil Code stipulating property lease contracts as follows:
“Article 472. Property lease contracts
A lease is an agreement between the parties whereby the lessor delivers the property to the lessee for use for a specified period of time, the lessee must pay the rent.
A lease contract or a lease agreement for other purposes shall comply with this Law, the Law on Housing and other relevant laws. ”
Thus, according to the provisions of law, the property lease contract is not required to be made in writing nor is it notarized or authenticated but only requires the agreement of the parties. Based on the information you provided, you have signed a lease with the landlord for a term of 2 years from July 1, 2017 to July 1, 2019 but until now the lease term has not expired. The landlord wanted to reclaim the house without your consent. Accordingly, according to Article 428 of the 2015 Civil Code, stipulating unilaterally terminating the contract performance:
- One party has the right to unilaterally terminate the performance of the contract and not have to pay damages when the other party seriously violates the contractual obligations or the parties have agreed or prescribed by law.
- The party who unilaterally terminates the contract performance must immediately notify the other party of the contract termination. If not reporting, causing damage, it must pay compensation.
- When the contract is unilaterally terminated, the contract shall be terminated from the time the other party receives the notice of termination. The parties are not required to continue to perform their obligations, except the agreement on penalties for violations, compensation for damages and agreement on dispute settlement. The party who has performed the obligation has the right to request the other party to pay the fulfilled part of the obligation.
- The party affected by the act of failing to fulfill its contractual obligations shall be compensated.
- Where the unilateral termination of the performance of a contract does not have the grounds specified in Clause 1 of this Article, the party unilaterally terminating the performance of the contract shall be determined to be the party violating the obligations and having to perform the civil liability. according to the provisions of this Code and other relevant laws for failing to fulfill the contractual obligations. “
Thus, in this case, the landlord has the right to unilaterally terminate the lease with you before the time when you seriously violate the obligations of the lease as if you did not pay the rent properly term, do not comply with the lease agreement, you intentionally destroy the leased property or cause public disorder, affecting neighbors, localities, … At this time, the landlord of You only needs to give you reasonable notice (which does not specify how long the law does).
According to the information that you provide, in the lease agreement, it is stated that either party has the right to unilaterally terminate the lease without any reason, just meet the condition of prior notice to the party at least 30 days left. Therefore, the landlord wants to take back the house for repair or even for any reason, the landlord only needs to give you 30 days’ notice, without your consent. This is considered to be your biggest disadvantage because right from the time of signing the lease you have not clearly agreed on this issue to ensure your rights.
However, in this case, the landlord is not the one who wants to unilaterally terminate the lease with you but the landlord’s daughter-in-law tells you verbally, without any written authorization. Therefore, you have the right not to accept this request with your daughter-in-law, you have the right to ask the landlord or the landlord’s authorized person (with a notarized or certified power of attorney attached) in writing or Official notice to you and at least 30 days notice. In addition, you have the right to claim damages when the landlord reclaims the house, causing damage to you such as the money you invested to renovate the house for sale, the cost of investing in the house. This house as well as the contracts that you can not sign with customers when the owner took back the house, …
In the worst case, you and the landlord cannot agree on compensation for damages when the landlord unilaterally terminates the lease, then you have the right to file a lawsuit filed with the Human Court. People of districts, towns, provincial cities to request the settlement of disputes.