There are many reasons, wanted and unwanted, for the tenant to break the signed 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 out of the lease contract, there are many ways for you to consider how to break a lease and get your deposit back.
Once signed, the lease is the final verdict and a binding contract between tenants(lessee) and the landlord(lessor). That is why 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.
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. Many foreigners who are still looking for detailed guidance of whether a foreigner can rent a house in Vietnam should make themselves familiar with these following sections:
5 things to know before renting and breaking an apartment lease
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.
The total amount to deposit is stated in the contract. They usually vary depending on the term agreement. They could be one month, three months, one year to a couple of years. The deposit will be return 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 12 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. Check your contract carefully from the start is an excellent way to prevent penalty when you break a lease in Vietnam. Terms of the lease will also guide you about the appropriate timeline to break a contract legally.
Diplomatic or repatriate clause
This clause protects you when you are no longer employed or must be transferred out of Vietnam. This is one way to show you how to break the rental contract. Under this clause, you can terminate the lease after 12 months of rent, by giving a two-month notice.
Regardless, unexpected things might happen to everyone, 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.
Here are the top pieces of advice to follow on how to break the lease contract without penalty. Keep in mind that if you do not abide by 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.
5 solutions to break the lease contract without penalty and get your deposit back
Read the contract
Read and re-read the contract again. There might be a clause or a section included that allow 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 to break the contract early because there will be missing rents for the landlord but there is always a chance that the landlord understanding why it must happen. Thus he or she can agree to release the contract before the due time is up legally.
Find a substitution
Find 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. Make sure to give your landlord a notice to create proper transparency.
Agree to a termination offer
Some landlord 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 are 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 ‘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
- The landlord fails to provide the necessary repair
- The landlord fails to ensure safety and health conduct within the place
- The landlord fails to provide a common clean area as well as a proper place to throw out the garbage.
Last but not least
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.