{"id":81882,"date":"2026-10-19T14:36:18","date_gmt":"2026-10-19T07:36:18","guid":{"rendered":"https:\/\/maisonoffice.vn\/en\/?p=81882"},"modified":"2026-10-19T14:40:05","modified_gmt":"2026-10-19T07:40:05","slug":"cases-of-early-termination-of-an-office-lease","status":"publish","type":"post","link":"https:\/\/maisonoffice.vn\/en\/guide\/early-termination-of-an-office-lease\/","title":{"rendered":"Cases of Early Termination of an Office Lease"},"content":{"rendered":"

Early termination of an office lease is an issue businesses need to understand when they want to return premises early, relocate or address a dispute during the lease term. If the process does not follow the lease provisions, the tenant may risk losing its deposit, paying a contractual penalty or compensating for damage. Understanding the permitted grounds for termination and the obligations involved helps a business protect its interests.<\/span><\/p>\n

1. What Is Early Termination of an Office Lease?<\/b><\/h2>\n

Early termination of an office lease<\/strong> means that the tenant, landlord or both parties agree to end the lease before the committed expiry date. This commonly occurs when a business changes its operating scale, relocates, no longer needs the office, or when either party breaches its obligations.<\/span><\/em><\/p><\/blockquote>\n

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Early termination means ending the lease before the date specified in the agreement.<\/em><\/figcaption><\/figure>\n

In substance, early termination involves more than returning the premises. It may also involve refunding the deposit, settling outstanding amounts and service charges, paying reinstatement costs, contractual penalties and compensation for damage. Before ending the lease, a business should review the lease provisions, notice period, and each party’s rights and obligations to reduce the risk of a dispute.<\/span><\/p>\n

2. Legal Basis for Early Termination of an Office Lease<\/b><\/h2>\n

The first basis is the parties’ signed <\/span>office lease agreement<\/span><\/a>, including the lease term, early-termination conditions, notice period, deposit, contractual penalties, compensation and handover obligations.<\/span><\/p>\n

Legally, an office lease is generally treated as a lease of a house, building, or floor area within a building. Termination should therefore be checked against the <\/span>2015 Civil Code<\/span><\/a> provisions on deposits, contract performance and unilateral termination, together with the <\/span>2023 Law on Real Estate Business<\/span><\/a> provisions on the rights and obligations of landlords and tenants in leases of houses and buildings.<\/span><\/p>\n

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The landlord cannot unilaterally terminate the lease if the tenant fulfills all contractual obligations.<\/em><\/figcaption><\/figure>\n

Under the current rules cited by the source article, a landlord may not unilaterally terminate the lease if the tenant is properly performing its obligations. If the tenant breaches its obligations, the landlord may terminate but must give 30 days’ prior notice unless the parties have agreed otherwise.<\/span><\/p>\n

3. Cases of Early Termination of an Office Lease<\/b><\/h2>\n

Early termination may result from mutual agreement, a party’s right to terminate unilaterally, or objective events that make continued occupation unsuitable.<\/span><\/p>\n

3.1 Termination by Mutual Agreement<\/b><\/h3>\n

This is the lowest-risk case because the tenant and landlord agree to end the office lease before expiry. The agreement should be made in writing and state the termination date, condition of the premises at handover, outstanding amounts, treatment of the deposit and any additional costs. This commonly occurs when a business changes scale, relocates or no longer needs the leased area.<\/span><\/p>\n

3.2 Unilateral Early Termination by the Tenant<\/b><\/h3>\n

A tenant may unilaterally terminate the office lease early where there is a contractual or legal basis, such as the landlord’s failure to hand over the premises as agreed, failure to repair an unsafe office, or an unreasonable rent increase. If the tenant returns the premises for internal business reasons without meeting the termination conditions, it may lose its deposit, incur a contractual penalty or owe compensation.<\/span><\/p>\n

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The tenant needs clear legal grounds before requesting early termination of the lease.<\/em><\/figcaption><\/figure>\n

3.3 Unilateral Early Termination by the Landlord<\/b><\/h3>\n

A landlord may unilaterally terminate the office lease early if the tenant breaches obligations by paying rent late, using the office for an unauthorised purpose, subletting without permission, altering the premises without consent or causing serious damage to the leased property. If the tenant continues to perform its obligations properly, the landlord may not terminate at will unless the parties have agreed otherwise.<\/span><\/p>\n

3.4 Termination Due to the Landlord’s Breach<\/b><\/h3>\n

An office lease may end early if the landlord breaches obligations in a way that affects the tenant’s stable use of the premises. Common examples include late handover, handover in a condition different from that agreed, failure to repair an unsafe office, or failure to provide promised building services. The tenant should retain the lease, emails, minutes and photographs of the premises as supporting evidence.<\/span><\/p>\n

3.5 Termination Due to the Tenant’s Breach<\/b><\/h3>\n

Tenant breach is a common basis for a landlord to seek early termination. Typical breaches include late rent, unpaid service charges, unauthorised use, alterations without approval and serious violations of building rules. The tenant may then have its deposit retained and may be required to settle outstanding amounts, reinstate the premises or compensate for damage under the lease.<\/span><\/p>\n

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A tenant’s breach of obligations may lead to early lease termination.<\/em><\/figcaption><\/figure>\n

3.6 Termination Due to Force Majeure<\/b><\/h3>\n

A force majeure event may be considered a basis for early termination if it is objective, unforeseeable and makes continued performance impossible. Examples may include a natural disaster, fire, serious building incident or a government decision restricting use. The business must still check the force majeure clause in the lease before terminating.<\/span><\/p>\n

3.7 Termination Due to Renovation or Change of Use<\/b><\/h3>\n

An office lease may end early if the building undergoes major renovation, technical-system upgrades or a change of use, or if it no longer qualifies for its original leasing purpose. This can affect the tenant’s operating plan, relocation costs and right to use the premises. The tenant should examine the provisions on renovation, suspension of operations, deposit refunds, relocation support and compensation, if any.<\/span><\/p>\n

4. Does Early Termination Mean Losing the Deposit?<\/b><\/h2>\n

Early termination does not automatically mean that the tenant will lose its deposit. Whether the deposit is returned depends on the signed lease, the reason for termination, fault attributable to each party, and the amounts outstanding when the premises are handed back.<\/span><\/p>\n

Common deposit outcomes include:<\/strong><\/p>\n