Selling an apartment with a tenant in it — does the lease have to end?

Legal basis: Law on Housing No. 27/2023/QH15 (dated 27/11/2023, effective 01/08/2024) — Articles 164, 168, 171, 172, 173; Civil Code No. 91/2015/QH13 — Articles 328, 478 · Updated 20/10/2026.

A lease does not end automatically when the apartment changes hands. The 2023 Law on Housing provides that when an owner transfers ownership of a home that is let and the lease term has not yet expired, the tenant may continue renting until the contract ends, and the new owner must continue to perform the signed contract, unless the parties agree otherwise. What needs to be done, therefore, is to set out the arrangements between the three parties — you, the tenant and the buyer — clearly before signing.

Three ways to sell a unit with a tenant

Option	When it suits	Note
Sell with the lease in place	The buyer wants rental income straight away	The new owner continues the lease to the end of the term; the tenant's deposit is handed over
Agree an early termination with the tenant	The buyer needs a vacant unit to live in	Only if the tenant agrees; usually with help towards moving costs or a rent reduction — put it in writing
Wait for the lease to expire, then sell	The lease is close to expiry	Tell the tenant early that it will not be renewed

Selling the home is not a ground for the landlord to terminate the lease unilaterally. During the lease term, the landlord may only terminate unilaterally in the cases listed by law (for example, the tenant has not paid the full rent for 3 months or more, has renovated without permission, or has sublet without consent), and must give at least 30 days' notice; terminating wrongly and causing loss means paying compensation.

The tenant's priority right to buy: 30 days

• You must notify the tenant in writing of the sale and the terms of sale (price, payment method, handover date).
• The tenant has priority to buy if they have paid all rent due up to the time they receive the notice.
• If the tenant does not buy within 30 days of receiving the notice, you may sell to someone else (the two sides may agree a different period).

Keep proof that the tenant received the notice: a signed acknowledgement, or a message or email through the contact channel stated in the lease. If you later offer the unit to others on clearly better terms (a lower price), it is advisable to inform the tenant again to avoid a dispute.

Showing the unit to buyers

The landlord must ensure the tenant can use the unit undisturbed during the lease term. Therefore:

• Book viewings in advance with the tenant; do not let yourself in and bring visitors in.
• Agree the number of viewings, the time slots and who will attend; do not photograph the tenant's personal belongings without their consent.
• New leases should include a clause allowing viewings when the owner sells, and how much notice is required.

To encourage the tenant to cooperate, you may consider covering part of the rent during the viewing period.

Handing over the rental deposit and rent

The deposit the tenant has paid is an amount the landlord must refund when the lease ends. When the new owner continues the lease, the obligation to refund the deposit should be clearly transferred to the new owner:

• State in the sale and purchase contract the amount of rental deposit being held and how it is handled: passed to the new owner, or deducted from the sale price.
• Make a three-party record (you, the buyer, the tenant): confirming that the new owner has received the deposit and is responsible for refunding it at the end of the lease, and the condition of the unit and furniture on the handover date.
• Split the rent for the handover month by day; notify the tenant in writing of the new account for paying rent.
• Record the electricity and water meter readings and the management fee on the handover date.

A sale and purchase contract for an apartment between individuals must be notarised; a lease does not have to be. Bring a copy of the lease to the notarisation so the buyer can read the rental terms beforehand.

Tax and costs when selling

Selling a tenanted unit still incurs personal income tax of 2% of the transfer price, the same as a vacant unit — see the table in costs when selling a home. Rental income up to the handover date remains yours and must be added to your annual revenue when you report to the tax authority — see renting out an apartment: the landlord's papers and taxes.

This article is for reference only and does not replace legal or financial advice for your specific case.

1. Re-read the lease — remaining term, deposit, early termination clause, viewing clause.
2. Choose how to sell — with the lease in place, by agreeing an early termination, or after the lease expires.
3. Send the tenant written notice of the sale — price, payment method, handover date; keep proof that it was received.
4. Wait 30 days (or the period agreed by both sides) for the tenant to respond on their priority right to buy.
5. Book viewings with the tenant before each visit.
6. State clearly in the deposit agreement and the sale and purchase contract: until when the unit is let, the rental deposit, and which party receives the rent from which date.
7. Notarise the sale and purchase contract and pay the 2% tax.
8. Make a three-party record at handover: transfer of the rental deposit, electricity and water readings, management fee, notice of the new account for rent.

Sources in Vietnamese; titles kept in the original, with a short English translation in brackets.

• National Assembly — Luật Nhà ở số 27/2023/QH15 (Law on Housing No. 27/2023/QH15), dated 27 November 2023, effective 1 August 2024 (Article 164 notarisation; Article 168 sale of a home that is let; Articles 171, 172 termination and unilateral termination of a lease; Article 173 right to continue renting), read 20 October 2026.
• National Assembly — Bộ luật Dân sự số 91/2015/QH13 (Civil Code No. 91/2015/QH13), dated 24 November 2015 (Article 328 deposits; Article 478 ensuring the tenant's right to use the property), read 20 October 2026.