DO I HAVE THE RIGHT TO TERMINATE THE HOUSE LEASE CONTRACT AND WITHDRAW THE HOUSE WHEN THE TENANT DOES NOT PAY ON TIME?

Question: I have a house for rent as an office in District 5 and the contract specifically states that the tenant must pay the rent on the 1st of every month. For the past two months, the tenant has not paid on time. So can I withdraw the house?

Answer:

According to the provisions of Clause 1 and Point b, Clause 2, Article 132 of the 2014 Housing Law, the case of unilateral termination of a house lease contract is stipulated as follows:

“Article 132. Unilateral termination of lease agreement

1. During the lease term, the lessor may not unilaterally terminate the lease agreement and withdraw the house, except for cases prescribed in Clause 2 of this Article.

2. The lessor is entitled to terminate unilaterally the lease agreement and withdraw the house in one of following cases:

b) The lessee has not paid the rent for 3 months or more without reasonable explanation”.

Simultaneously, according to Clause 4, Article 132 of the 2014 Housing Law, it stipulates: “4. If any party unilaterally terminates the lease agreement, the other party must be informed for at least 30 days, unless otherwise agreed; if he/she commits violations mentioned in this Clause and cause damage, he/she must pays compensation as prescribed.”

Thus, in the case of a landlord unilaterally terminating the housing lease contract in accordance with the law, the landlord must notify the lessee at least 30 days in advance, unless the parties have another agreement. In case of violation due to failure to notify, the lessee must compensate for the damage.

Based on the above regulations, only after 3 consecutive months or more of non-payment of rent without a valid reason will you have the right to unilaterally terminate the rental contract and withdraw the house immediately.