Miss Dieu Han lost the lawsuit against the homeowner and had to pay 360 million VND in compensation.

May 22, 2016 21:55

Believing that the landlord insulted her dignity and hindered her business, Miss Southeast Asia 2012 terminated the rental contract early and demanded compensation.

According to the case, Le Thi Dieu Han (Miss Dieu Han, 26 years old) signed a contract to rent part of a house from Ms. Phuong (52 years old) on Vo Van Tan Street (District 3, Ho Chi Minh City) for 45 million VND/month to open a fashion store. The rental period is 2 years from October 1, 2014 and a deposit of 135 million VND is required.

The beauty claimed that she had fulfilled all of her obligations as a tenant under the contract, but Ms. Phuong repeatedly came to cause trouble, insulting her dignity, and accusing her of having an illicit relationship with her husband.

Cho rằng chủ nhà xúc phạm nhân phẩm, cản trở hoạt động kinh doanh, Hoa hậu Đông Nam Á 2012 đã chấm dứt hợp đồng thuê nhà trước thời hạn và đòi bồi thường.
Believing that the landlord insulted her dignity and hindered her business, Miss Southeast Asia 2012 terminated the rental contract early and demanded compensation.


The climax was in the late afternoon of May 2015, when Ms. Phuong came to curse at Dieu Han's business store, causing chaos and forcing the ward police to come and resolve the matter.


Dieu Han also accused Ms. Phuong of destroying her property in the store, hindering business operations.

She has repeatedly asked the landlord to respect the agreement in the contract and stop causing trouble, but Ms. Phuong still insults her again.

By June 2015, Dieu Han had twice issued notices to terminate the lease before the end of the term and demanded that the female landlord return the deposit and compensate her with an equivalent amount. She also removed her belongings from the store.

Because the homeowner did not agree, the beauty filed a lawsuit at District 3 People's Court and requested the district police to handle Ms. Phuong for defamation and insult to honor and dignity.

During the trial, Ms. Phuong's side said that during the time she hired the beauty, there were many demands that exceeded the content of the contract.

In addition, the two parties had other personal conflicts, but they were only minor matters caused by the plaintiff himself.

Ms. Phuong still fulfilled her obligations as a lessor, and the rented house was still managed and operated by Dieu Han. The defendant also denied destroying property or breaking the camera in the store.

According to Ms. Phuong, since July 2015, the tenant has not fulfilled his payment obligations, arbitrarily moved out of the house without notifying the termination of the contract or returning the house to its original condition.

From there, the defendant counter-sued, demanding that beauty Dieu Han compensate for the rent and terminate the contract early, which is 360 million VND.

In February, District 3 People's Court at first instance dismissed Dieu Han's lawsuit and accepted all of the defendant's counterclaims. The beauty queen was forced to pay the defendant VND360 million in rent compensation for breach of contract.

According to the panel of judges, the plaintiff’s request is baseless. The police station’s working minutes recorded that the store had 3 cameras with tape on the surveillance cameras and one with its cable bent into the wall. However, it was not possible to determine who did it.

Based on the rental contract, in case of a conflict between the two parties, one party can unilaterally terminate the contract but must give 3 months notice. In the case that the plaintiff gave notice in June 2015, the contract must be terminated 3 months later. Furthermore, Ms. Phuong did not admit to receiving the notice of termination from the plaintiff. Therefore, the rental contract is still valid.

Not accepting this verdict, Miss Dieu Han appealed. On the afternoon of May 20, the Ho Chi Minh City People's Court opened the appeal hearing.

The Procuracy requested the Panel of Judges to annul the first instance judgment and review the evidence provided by the plaintiff to clarify whether or not the defendant obstructed the tenant’s business activities. At the same time, consider the verification results of the District 3 Police regarding the plaintiff’s request for defamation and insult to the defendant’s dignity.

After deliberation, the appellate panel determined that the judgment of the court of first instance was well-founded and should be upheld.

The verification of the investigation results from the police according to the plaintiff's complaint against the defendant for defamation and defamation of honor according to the panel of judges is unnecessary because it is not related to the disputed civil relationship.

Le Thi Dieu Han was crowned Miss Southeast Asia 2012. After that, she did not work in showbiz but continued to study and do business in the fashion industry./.

According to VOV