A major storm tears a large section off the rented workshop’s roof; rain pours in, ruining goods and machinery. The tenant demands immediate repair; the landlord says "it’s nature, everyone suffers." Unlike decay-caused collapse, a natural disaster variable enters — and the duty allocation differs.
1. Is a storm force majeure?
Clause 1, Article 156 of the Civil Code 2015 defines force majeure as objective, unforeseeable and insurmountable. Tropical storms in Vietnam are seasonal and forecasted — so an ordinary storm is not automatically force majeure. Only a storm of abnormal intensity beyond all reasonable forecast (an off-the-scale super-typhoon hitting a rarely struck area) may qualify. This conclusion directly affects who pays for repairs.
2. Repair duties: structure belongs to the landlord
Whatever the cause, the roof remains a primary structure of the leased property — under Article 477 of the Civil Code 2015, the lessor must keep the property fit for its purpose throughout the term, including repairing the torn roof so the workshop is usable again. Unless the contract shifts this (e.g., tenant handles all repairs for cheaper rent), the duty is the landlord’s. The tenant must notify promptly and take loss-mitigation steps (temporary covering, moving goods) — failure may reduce its compensation under mitigation principles.
3. Goods and machinery losses: who bears them?
Separate two cost types: roof repair (landlord’s, as above) and the tenant’s goods/machinery losses from rain ingress. For the latter: if the storm qualifies as genuine force majeure, each side bears its own loss — the tenant cannot claim goods damages from the landlord; if not force majeure (ordinary storm, an already-weak roof the landlord failed to reinforce after warnings), the tenant may claim against the landlord under Article 584 of the Civil Code 2015. In all cases, property insurance (if held) is the fastest compensation channel for both sides.
4. Practical post-storm handling
Safety first: check remaining structure before re-entry — a partially torn roof can drag down the rest. Record the scene: photos, video, and saved storm forecasts as intensity evidence. Notify each other in writing and agree temporary repairs to resume operations. Notify insurers within policy deadlines. Long term, workshop leases in storm zones should spell out pre-season reinforcement duties and natural-disaster repair cost allocation — don’t wait for the storm to argue.
This article has been quality-reviewed by the FLAW AI Legal Council
Frequently Asked Questions
Is a forecasted storm still force majeure?
Usually not. A seasonal, forecasted storm with no reasonable precautions taken hardly qualifies; only abnormal storms beyond reasonable forecast may.
Can the tenant recover self-funded roof repairs?
Yes, if the repairs were necessary and urgent and the landlord defaulted after notice — keep all invoices and the notices sent.
How is rent treated while the workshop is unusable?
Agree a reduction or waiver matching the downtime and impact; this belongs in the lease from the start.
Which insurance covers storm damage?
Property all-risks (including natural disasters) covers the policyholder’s property; compulsory fire/explosion insurance excludes storms.