I signed a two-year lease for an apartment in Thanh My Tay Ward, Ho Chi Minh City, and have paid the rent as agreed, along with a two-month security deposit.
However, after I had lived there for about eight months, the landlord suddenly passed away. Subsequently, the landlord's child informed me that the apartment had been left to the family to manage and requested that I vacate the premises within 15 days so they could use it.
They claim the lease is no longer valid because the person who signed it has died. Am I required to hand over the property as they requested, or am I entitled to continue renting it until the signed lease expires?
Reader Thanh Nhan
Legal Advice
In practice, many tenants worry when a landlord passes away while the lease agreement is still in effect. In some instances, heirs demand that the tenant vacate the property, claiming that the lease is no longer valid because the original landlord has died.
Clause 1, Article 173 of the 2023 Law on Housing stipulates that if a homeowner dies while the lease term is still running, the tenant is entitled to continue renting the property until the lease expires. Heirs are responsible for continuing to honor the previously signed lease agreement, unless the parties have agreed otherwise.
Thus, the death of the landlord does not automatically terminate the lease agreement. As long as the lease term remains valid, the tenant is, in principle, entitled to continue renting the property until the agreed-upon expiration date.
This regulation stems from the principle of safeguarding the legitimate rights and interests of the parties to the contract. Tenants should carefully review the lease term and termination clauses, and retain the lease agreement, payment records, and other relevant documents to protect their rights if necessary.
In cases where the landlord has no legal heirs, or where heirs are ineligible to inherit or refuse the inheritance, the property - following the settlement of any outstanding financial obligations - reverts to the State if no heir claims it, in accordance with Article 622 of the 2015 Civil Code. The tenant may continue to rent the property subject to regulations governing the management and use of State-owned housing.