How to end a lease contract and get your deposit back
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There are many reasons, wanted and unwanted, for the tenant to break the signed leasing contract with the respective landlord. Neither side of the party would want to get involved in this particular situation. However, if you absolutely must find a way to break a lease in Vietnam, there are many ways for you to consider how to break a lease in Vietnam and even get your deposit back.
There are five common parts regarding the law to rent accommodation in Vietnam. And these compulsory laws also apply to foreign when they want to stay and work in Vietnam. If you are still looking for detailed guidance of whether a foreigner can rent a house in Vietnam, you should make yourself familiar with these following sections:
6 solutions to break the lease contract without penalty and get your deposit back
Leasing contract is the final verdict between tenants and landlords after signing. Hence, it is imperative to thoroughly check and over recheck the contract to make sure everyone understands and agrees with all the segments written in the contract.
Read the contract
Read and re-read the contract again. There might be a clause or a section included that allows you to terminate your leasing contract legally.
Open the communication with your landlord
This step is a must. Proper communication is never a wasted option. Your landlord might not like the idea of you breaking the contract early because there will be missing rents for the landlord but there is always a chance that the landlord understands why it must happen. Thus he or she can agree to release the contract before the due time is up legally.
Find a substitution
Finding a new renter might be a good idea to remedy this problematic situation. The new tenant will replace you and pay for your rent if you have to move out early. This is often the most comfortable way to solve this situation, especially if you rent a place in a big and crowded city. There are always people who are willing to take your place. To process this, let’s ask your friends living in this neighborhood whether they are searching homes at this time. Moreover, you can post your situation on social networks to open up more channels.
Make sure to give your landlord a notice to create proper transparency.
Agree to a termination offer
Some landlords will agree to let you terminate the contract before the lease term expires if you can pay a particular amount. If you have maintained a good relationship with your landlord during your lease time, you can negotiate this offer to find a way to get out early.
Seek legal counsels and advice
This is the ultimate and absolute way to handle the legal contract. Your lawyer always knows things better than you. If you think there is any wrong with the lease contract or with the landlord which prevents you from upholding your terms, contact a lawyer immediately to save you troublesome thoughts and precious time.
Understand the exceptions of the law
Every law often comes with an exception, or sometimes they are referred to as a ‘loophole’. These exceptions will let you break out of the apartment lease without hurting your credits. Check for a breach in contract and see if you can prove the landlords has violated these specific clauses:
The landlord fails to provide proper running water
Not provide the necessary repair
Unsafely and has health issues within the place
Fails to provide a common clean area as well as a proper place to throw out the garbage.
It is crucial to keep your credit scores throughout the time you rent an accommodation of any type in Vietnam. They will let you have a convenient extended stay for work and other purposes in this country. Also, remember to always stay in good contact with your landlord. It is the easiest way to find yourselves into a solvable situation when you need to know how to break a lease and get your deposit back.
5 things to know before renting and break lease contract
Pre-tenancy agreement
This is the prerequisite agreement before signing the contract. Both parties should confirm that they both understand the conditions and requirements before reaching the final signature. There could be a procedure called pre-signature to accept all the agreements in the contract temporarily. They are not the final signature.
Good-Faith deposit ( Booking deposit )
A booking deposit ensures that when the landlord receives the deposit, they cannot rent out the place to someone else. This will become a part of the security deposit after the entire lease is signed. Leasing deposit usually covers 1 – 2 months renting fee, so be aware of this expense that you must pay for when renting in Vietnam.
Security deposit
The total amount to deposit is stated in the contract. They usually vary depending on the term agreement. They could be one month, one year to a couple of years. The deposit will be returned when the lease period ends. However, the landlord can keep the deposit as a way to cover for any proven damage that the lessee might have caused to the property. It also includes breaking the apartment lease illegally.
Terms of lease
The standard term of the lease is from 6 months up to 36 months. After that, the renewal contract has to be signed to extend the lease time. This amount of period can be negotiated with the landlord, and you should have proper planning just in case you want to move out of the lease early. Checking your contract carefully from the start is an excellent way to prevent penalties when you break a lease in Vietnam.
Diplomatic or repatriate clause
This clause protects you when you are no longer employed or must be transferred out of Vietnam. Under this clause, you can terminate the lease after 12 months of rent, by giving a two-month notice.
Regardless, unexpected things might happen, and you must cancel the agreement and move out of the place immediately before the lease is up. These reasons might include, but not limited to, cannot afford the rent any longer, does not fit in with another roommate, get offered another job in another city or country, etc.
Here are the top pieces of advice to follow on how to break lease contracts in Vietnam without penalty. Keep in mind that if you do not obey the law of property in Vietnam, the judge can hold the judgement against your case, and the final verdict will hurt your credit, as it will stay in your credit report for years.
For expats who want to find safe and affordable accommodation in Ho Chi Minh City to settle down Hoozing offers a fast & professional rental process to meet your requirements. Contact Hoozing directly via 0906663265 or the main website to make a request.
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