Kyliemac Kyliemac posted September 3rd, 2011 at 12:12 pm to Help!. Viewed 202 times. Answered 9 times.

Hi there,

Was wondering if anyone could help ? My husband has signed us up to a house that really isn't appropriate as stairs etc are a safety issue for my small children, I know I can baby proof the stairs but everything but a small lounge room is upstairs which means we don't actually utilize any other part of the house as that would involve lugging 2 kids up 4 flights of stairs go use the rooftop terrace as well as drinks food etc that we would need when up there. He Has signed us up for a 12 month lease and want to know the likelihood of getting out of this.

Also the contract states that by September (been here sin July) we have to cough up the entire 12 months rent in advance (in 3 month blocks of payment since July) is this normal ? It's an awful lot of money to pay upfront !

Last answered by ngohonest about 3 months ago.

Answers (jump to newest answer)

Bfamily wrote on September 3rd, 2011 at 1:02 pm
Bfamily

Almost every contract/lease here allows for a breaking of a lease with a 30 day notice. That said, getting money you pre-paid returned to you is very unlikely (unless you find someone to take over your lease and pay you directly). I am not quite clear in your post how many months you have actually paid at this point.Are you saying that you have already paid for 9 months rent at this point?

No, it is not so normal to pay a year up front. Most leases allow for paying every 6 months, sometimes you can get it to every 3. (Well, that has been the case in all 7 of the homes we have had in Hanoi).

suddenpaws wrote on September 3rd, 2011 at 7:58 pm
suddenpaws (elite user)

First of all, slap your husband across the head. What on Earth prompted him to make such a monumental decision about a property without consulting with you first? And a house that is so unsuitable to boot? Sheesh!

Second, look carefully into your lease. There may be some clause etc that allows you to move out another way. Perhaps get someone who is more versed in this kind of thing to look into it for you. For example, some leases talk about excessive problems or noise etc which may be helpful. Did your pitiful husband deal with a real estate agent? If so, I would be calling them and screaming about why this '12 month' clause was put in there in the first place. That's definitely not common practice (I have lived in many houses here over the years and never had that one thrown in.)

Third, slap your husband again for not reading the lease properly before signing it and putting you into this position.

Finally, if all else fails, just quietly move out to a place across town one evening just before your next rent is due, and don't tell the landlord where you are going. Leave the keys under a pot in the front yard, send him a "thanks, we're off" text, and don't look back. OK, so you will lose any deposit you put down, but if you are prepared to chalk it up to experience, then it's better than forcing you to live in a house you can't stand for another nine months. On the bright side you can take the value of the deposit out on your husband and spend it on you and the kids just to rub it in. That's probably a hell of a lot of beer he won't be drinking while you are having your weekly facial...

Good luck! :)

suddenpaws wrote on September 3rd, 2011 at 8:01 pm
suddenpaws (elite user)

Oh, there is one other possibility... you could perhaps find someone to take the lease over for you? Maybe put an ad in TNH property section and see if anybody is interested, or pass word around any email networks you may have. Even put up a notice outside the odd shop like L's Place. Worth a shot if you feel bad about breaking the lease and 'doing a runner'.

nikita24480 wrote on September 3rd, 2011 at 11:33 pm
nikita24480

You can break a 12 months contract. Normally you only have to inform your landlord before 30 days. As someone said above, normally you only pay 3 months is advance or maximum 6 months.If you pay 12 months in advance. Well, that's a bad decision. Talk with you agent. It's difficult to get money back.And yes try to find someone to move in. Hopefully your landlord is a nice one. If you use the agent for this house. That agent is not a good agent.

Kyliemac wrote on September 4th, 2011 at 9:42 am
Kyliemac

Thanks so much guys. I might go talk to the agent and try and re-negotiate something, just found the lease and we can get out with 30 days notice and loss of 1 months rent...... Ho hum ! Either way I just don't feel comfortable paying 12 months up front ...... Around 20k ! Who can afford that ! Thanks again helpful to know this is not the norm

Kyliemac wrote on September 4th, 2011 at 12:06 pm
Kyliemac

Sorry, don't mean to sound ungrateful, it is a nice, clean, modern big house, it's just that I have 2 small boys and like I said everything but a loung / kitchen involves walking up flights of stairs (which I know is common here) I did ask for outsides space for the kids to play and he did do the right thing and get a place with this in mind, just that it's 4 flights of stairs up so not really practical, we might as well be in an apartment at least there would be a hallway for them to run in. He did think of us in his decision in area and space etc, I guess we just think different .....

mderking wrote on September 4th, 2011 at 8:39 pm
mderking

Check the contract first to see what is legal.

As for breaking contract, it is quite normal and easily done. If you pay up to much upfront, then that is just being plane silly ofcourse.

As for the stand 30 day break, I had hit it removed form the owners side, so the owner cannot kick me out.

Normal payout upfront is 3 months, although obviously they would like you to pay more up front. If I am confident about the place that i am going to stay I make it 6 months, in return for a lowering in the rental costs.

As for the situation you got yourself in, I agree with the above: smack em in the head. Why take a place without checking it out first?


To summerize:
1) You can easily break contract, as paperwork and court is not as solid as in the west.
2) You will find it nearly impossible to get your payed up money back if you break contract, so advice is to stop paying and go out the day before you are all paid up
3) Ensure you have a new house first, that you both have checked for suitability, before you land in the street, which is not child-friendly at all ;-)

Good luck.

brian wrote on September 14th, 2011 at 9:13 am
brian

7 answers before mine and as far as I can see, no one mentions to this poor NH Kyliemac that their landlord might very well do what nearly all VN landlords do and that's to break their part of the contract as soon as they feel they need to. Don't believe me? Ask around. Happened to me - had another 6 months to go on contract w/rent already paid and got a call 1 week before Xmas that we needed to be out in January. So Kyliemac, don't get too worked up about 'keeping your word' here when your other party may well have a 'whatever goes' policy toward you.

Good luck!

clock iconThen Some Time Passed...
ngohonest wrote on September 17th, 2019 at 3:11 am
ngohonest

It is not uncommon that you are not satisfied with the property that you rented and want to end the lease contract early. If this is the case, before verbally say anything to the landlords, you should prepare these two papers of Early lease termination letter and termination of the lease contract.
Refer to this article: https://alphahousing.vn/lease-contract/

Please Sign In,  or Sign Up to post an answer.
The New Hanoian

The New Hanoian Ltd is registered with Companies House in the United Kingdom. Started in 2006 it remains the premier source for English-language information about living in Hanoi, and other major cities in Vietnam.