Breach of contract: 15 common violations & How to safely break a contract?
A lease agreement is a list of terms that have been agreed upon and committed to by the landlord and tenant. A lease agreement is legally binding – it protects the interests of both the landlord and the tenant. The apartment lease contract is a thread of justice when problems arise between two parties.
However, there are a number of reasons that lead to a landlord or tenant breaking a lease that leads to an early termination of the lease. The reasons come from willful failure to comply with the terms of the lease agreement – it is a breach of the lease agreement. So what is a breach of the agreement? What are common breach of the agreement mistakes and how to safely break a lease? The following article will answer those questions in turn for you.
What is a breach of a lease?
Is an act of non-compliance with the terms of the lease agreement. These acts are known as breach of the agreement. Breach of a lease can come from Landlord or Tenant or from both.
Landlords or tenants may be subject to sanctions for violations such as: notice by a lease violation letter, fines for breach of a lease or, worse, cancellation of the lease before the due date term.
[See more: Lease agreement: 17 most important terms you need to know]
Common violations of the lease agreement from tenants
1. Non-compliance with pet policy
Some violations come from non-compliance with the pet policy. For example: Failure to comply with the pet regulations in the building. Pets are complained many times by neighbors. The building doesn’t accept pets, but tenants still have pets.
[See more: What is a pet deposit? And How does it work in Vietnam?]
2. Not using the apartment for its original purpose
Uncommon, but it’s also one of those violation of the lease agreement that a landlord might consider taking drastic measures to avoid going too far. For example: The purpose is only to stay, but the tenants use as an office or a gym.
3. Unauthorized renovation or decoration
Tenants have the right to renovate or decorate the space inside the house. However, some major renovations can have serious consequences such as: demolishing walls, installing new windows, replacing locks, painting walls, etc. that the tenants do not notify the landlord about the renovation or this decoration.
4. Loud noise – common violation of the lease agreement
One of the most common violation of the lease agreement comes from loud noises. No one likes excessive noise where they live. Loud noises can come from frequent quarrels with loud sounds, singing, playing drums, playing music, or coming from a tenant’s pet, etc.
5. Guests stay for a long time
This is a violation of the lease agreement that comes from the tenant’s guests visiting and staying for a long time. The apartment rental contract clearly states the number of occupants and tenants need to comply with it. Most apartments do not prohibit guests from visiting and staying overnight. However, the fact that visitors stay in the apartment for a long time means that the tenant has violated the lease agreement.
6. Property Damage
The tenant damaged the properties inside the apartment and did not take timely remedial action.
7. Non-payment of rent – common reason for breaking a lease agreement
This is a typical breach of the agreement and it’s spelled out in any lease. If the tenant fails to pay the rent or pays the rent later than allowed will be considered as a breach of the agreement.
8. Subletting the apartment
This is a tenant action that is prohibited by the landlord. Landlords don’t expect a surprise with new tenants they’ve never met before. Tenants voluntarily Subletting the apartment without notice and without the consent of the landlord – considered a violation of the lease agreement.
9. Acts that violate the law
The way illegal acts are performed in the apartment is considered a serious breach of the lease. Such as: Using banned substances, using prostitutes, possessing weapons, …
Common violation of the lease agreement from landlords
1. Failing to provide the apartment according to the agreement
The apartment is provided with a listing of properties accompanied by a detailed lease agreement has been agreed upon by the landlord and tenant when signing the lease agreement. But when moving into the apartment or during the stay – the landlord does not provide full equipment and furniture for the apartment as committed. This is a fairly common breach of the agreement that tenants need to consider to come to an early termination of the lease to protect their legitimate interests.
2. Failure to meet basic living conditions
The violations arise because the landlord does not meet the basic living conditions of the apartment such as: Not providing enough electricity, water or controlling insects and odors, …
3. Violation of tenant’s privacy
This is a situation where the landlord enters the tenant’s apartment illegally – without prior notice or without the tenant’s consent.
4. Loud noise
Loud noises can arise from the actions of owners or neighbors in the building. Failure to ensure and maintain a low noise level affecting tenants is considered a breach of the lease agreement from the landlord. However, there are a few cases where the loud noise is not coming from the owner or neighbors in the building – but from neighboring buildings. This case is difficult to consider as a violation of the lease agreement from landlord side. Tenants need to examine and consider carefully before renting an apartment.
5. Failure to make timely repairs
Tenants report damage that is within the scope of the landlord’s repair. However, the landlord did not make timely repairs, affecting the use of the apartment and the quality of living inside the apartment. Repairs such as: wall penetration, electricity, water, mold, security, … This is considered a basic violation of the lease agreement.
6. Not registering temporary residence for tenants
This is a fairly common breach of the agreement in Vietnam. Landlords do not register temporary residence for tenants – resulting in tenants and landlords getting into trouble when the police check.
[See more: Register temporary for foreigners when renting a house in Vietnam]
Even though the tenant and landlord have signed a long-term lease but for any reason leads to a breach of the lease agreement, break of contract is quite common – It can be caused by a tenant or landlord’s fault.
How to terminate a lease agreement safely?
Can I terminate a lease agreement early? And, how to terminate contract safely to minimize penalties the most? It is always a big question that both landlords and tenants need certain knowledge and experience to handle quickly and respectfully.
Terminating a lease agreement is understood as premature termination of a contract, arising from the fault of the landlord or tenant or by both parties. So, how to break a lease safely? Here are some helpful answers for you:
Note: These suggestions are for informational purposes only. No guarantees of legal or financial advice are made. Readers are encouraged to seek legal advice from an attorney or financial advice from professional expert.
Make sure that all breach of contract is documented in the detailed lease agreement. This is the legal basis for the landlord or tenant to take action or to file a lease violation notice and finally to legally terminate the lease early.
Have concrete evidence of a breach of the agreement. Photos, audio or complaint evidence from a third party.
Before taking drastic measures and sending lease violation letter, landlords and tenants should carefully consider the severity of the violation and the frequency of the violation. Having considered these two factors carefully and thoroughly – Now is the time to decide whether to take drastic measures or resolve them with a conversation.
Deal with stress with a landlord-tenant conversation. In the spirit of sharing and mutual respect.
Send a lease violation notice to the landlord or tenant. Show your respect to the other party. And its proof that you’re complying with your lease and that you’re serious about breaking the lease. Lease violation notice should include: Violation, proof, how to fix it, time to fix the error and consequences if not remedied. Lease violation notice is sent in person or by post. It’s best to put it in the contract and must ensure that the lease violation notice reaches the violator.
Tenants have good reasons to end their lease early. You should talk to your landlord and send them an early notice of termination with proof of your good cause (e.g. you have to return home due to illness, you move to another city) other, …). Make sure it is fully stated in the lease agreement. Same with the landlord (for example, the house is subject to blockade, government requisition, …).
An early announcement. Don’t surprise your landlord or tenant. Notify the landlord or tenant of the termination of contract as soon as possible.
Tenants can find new tenants to continue their lease. Landlords often encourage tenants to do this to minimize the penalty (not returning the deposit and not returning the rent paid) for breach of a lease.
[See more: 11 Tips to protect your security deposit]
Seek advice from experts such as lawyers, financial experts
Termination of contract is not fun for both tenants and landlords. But, it needs to take place if the landlord or tenant breach the lease. Whatever the reason for terminating a lease agreement early, you need to plan for the worst-case scenario. Terminating a lease agreement is encouraged to be done in a respectful and expeditious manner.
Safely termination of contract is a way to protect the legitimate interests of both the landlord and the tenant. At the same time, the least negative financial consequences for both.