I rented a property for business purposes for a five-year term, but after two years, a relative of the landlord spray-painted the premises, locked the doors, and demanded I vacate the property due to an ongoing dispute over ownership.
I rented the property for business use and completed all necessary legal formalities. About two years later, a dispute regarding ownership arose between the landlord and a relative. One of the parties involved spray-painted the premises, locked the doors, and demanded that I move out.
In this situation, am I entitled to continue using the property under the valid lease agreement, or must I comply with the demands of the person disputing ownership with the landlord?
Is the act of unilaterally locking the doors and obstructing business operations lawful, and what steps should I take to protect my rights?
Reader Ngoc Ha
Lawyer Hung Quan
Under Article 117 of the 2015 Civil Code, a lawfully concluded housing lease agreement becomes effective when it meets all requirements regarding the parties involved, voluntariness, and a purpose and content that do not violate legal prohibitions.
Therefore, if the lease term is still valid and the contract has not been declared void or terminated in accordance with regulations, a dispute arising between the landlord and a third party does not deprive the tenant of their lawful right of use. The tenant may continue to use the property for the agreed-upon purpose.
A dispute between the landlord and their relatives constitutes a legal relationship independent of the lease agreement. Consequently, a person who is not a party to the lease contract has no right to unilaterally demand that the tenant cease business operations, vacate the premises, or lock the facility.
Acts such as spray-painting, locking doors, or obstructing the tenant's lawful use of the property may—depending on the nature and severity of the violation—incur an administrative fine of 2–3 million VND under Decree 282/2025/ND-CP.
If the elements of a crime are met, the violator may face prosecution for "Disturbing public order" under Article 318 of the Penal Code (carrying a maximum sentence of 7 years in prison) or "Destruction or intentional damage to property" under Article 178 (carrying a maximum sentence of 20 years in prison).
What to do if locked out or obstructed in business operations?
To protect their rights, the tenant should first retain the lease agreement, payment records, and any documents proving their lawful use of the property.
In the event of spray-painting, door-locking, or obstruction of business activities, the tenant should record videos and take photographs of the scene, and preserve security camera footage and other relevant evidence. The tenant may also contact a bailiff to draw up an official record (*vi bằng*) documenting the incident.
At the same time, the tenant should immediately report the matter to the local police so that it can be received and handled in accordance with regulations, thereby minimizing disruption to business operations.
Thus, while the lease agreement remains in effect, the tenant is not required to vacate the premises simply due to a demand from a third party involved in a dispute with the landlord, and retains the right to continue using the property as agreed upon in the contract.