Can tenants be offered a discount due to sluggish sales?

I rented a space to sell clothes, due to the epidemic, I had to close. Do I have the right to not pay rent during this time and reduce the money due to sluggish business? (Nha Hong)

Advisory lawyer

Hello, according to article 472 of the Civil Code 2015, a property lease contract is an agreement between the parties. Thus, the parties must first base the contract. If there are specific regulations on cases of exemption or reduction of ground rent, the parties must comply.

In the 2015 Civil Code, the 2014 Housing Law and relevant laws on leasing premises and houses There is no provision that allows the lessee to unilaterally exempt or reduce the rent (unless otherwise agreed by both parties).

Therefore, if there is no provision in the space lease contract on the case of exemption or reduction of the ground rent or there are regulations but not mentioning the case mentioned above, even if the shop must be closed at the request of the Housing Authority, the premises must be closed. You are also not allowed to voluntarily exempt or reduce the rent of the premises without the consent of the lessor.

In my opinion, in this case you and the lessor need to show their goodwill according to Clause 3, Article 3 of the Civil Code 2015 during the contract performance. The parties should sit down to clearly state their difficulties, listen to the other’s difficulties so that they can sympathize, share, support and have a common voice to effectively solve the problem.

Lawyer Pham Thanh Huu
Ho Chi Minh City Bar Association

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