Thanh Nhan signed a two-year apartment lease in Thanh My Tay ward, TP HCM. He paid the agreed rent along with a two-month deposit. However, after about 8 months of residency, the landlord suddenly passed away.

Following this, the landlord's children informed Thanh Nhan that the apartment was now under family management and requested he vacate the premises within 15 days for their own use. They claimed the lease agreement was no longer valid because the signatory had passed away.

Thanh Nhan sought clarification on whether he is legally obligated to vacate the premises as requested, or if he can continue the lease until its agreed-upon end.

**Legal Advice**

Many tenants worry when a landlord dies while a lease agreement is still valid. In some cases, heirs demand tenants vacate, citing the previous owner's death and the invalidity of the lease.

However, Article 173, Clause 1 of the Housing Law 2023 states that if the owner of a house dies while the lease term is still valid, the tenant may continue to lease until the end of the contract term. Heirs are responsible for upholding the previously signed lease agreement, unless other arrangements have been made by the parties.

Therefore, a landlord's death does not automatically terminate a lease agreement. If the contract is still valid, the tenant is entitled to continue the lease until the agreed-upon term concludes.

This regulation stems from the principle of safeguarding the legitimate rights and interests of all parties involved in a contract. Tenants should review the specific lease term and termination clauses, and retain the contract, payment receipts, and all relevant documents to protect their rights.

If a landlord has no legal heirs, or if heirs are not entitled to the inheritance or refuse it, the property—after fulfilling financial obligations and having no recipient—reverts to the State, as per Article 622 of the Civil Code 2015. The current tenant will continue to lease the property under regulations governing the management and use of State-owned housing.

Lawyer Dau Duc Ninh

Thanh Danh Law Firm Limited Liability Company