“The tenant is behind on rent and will not move out. What can I do?” is the situation landlords fear most. Our answer: whether a dispute can be resolved quickly depends on three things done before the lease is signed, namely checking the tenant’s identity, signing a written contract with a clause agreeing to direct compulsory enforcement (逕受強制執行), and photographing the property at handover. With those three in place, most disputes can be resolved lawfully in the shortest possible time, without waiting for a long trial.
This guide is written from the landlord’s side, but tenants in Taichung will find the same rules useful in reverse: it tells you what a landlord may and may not do, and what protects your deposit.
Three things to do before signing
- Check the tenant’s identity. Confirm the identity document, contact details and an emergency contact. Where appropriate, ask for proof of employment.
- Sign a written contract with the enforcement clause. Set out rent, deposit, repair responsibilities, subletting restrictions and house rules in writing. For higher amounts or longer terms, have the lease notarised (see lease notarisation).
- Photograph or film the property at handover. Record the condition, appliances, furniture and the number of keys. This is the basis for the final inspection and for any deposit deductions.
These follow the Civil Code (民法) provisions on obligations and the Notary Act (公證法).
Our view: We have seen a first-time landlord rely on verbal promises, skip the identity check, and end up with a tenant who left owing rent and a flat in a terrible state. Without a proper contract and management routine, the landlord is in the weakest position when a dispute breaks out.
The six most common disputes and how to prevent them
| Type of dispute | Typical situation | Preventive measure |
|---|---|---|
| Rent arrears | Tenant pays late or not at all, or claims the deposit covers the rent | Sign a notarised lease with the enforcement clause; on arrears the landlord can apply for enforcement directly without a lengthy lawsuit |
| Repairs | Peeling walls, broken appliances, argument over who pays | Define the scope of repair responsibility in the contract; photograph the property at handover as the baseline |
| Unauthorised alterations or subletting | Tenant adds partitions, knocks through walls, or sublets for profit | Prohibit alterations and subletting expressly in the contract, with penalties for breach |
| Deposit | Disagreement over what the deposit is for, what can be deducted and when it is returned | Sign a handover checklist; state the deposit’s purpose, return conditions and deadline in the contract |
| Noise and rule-breaking | Late-night noise, unreported pets, disturbing neighbours | Add house rules and penalties to the contract and reference the building’s management rules |
| No written contract | Verbal agreement only, hard to prove anything later | Always sign a written contract; for high rent or long terms, notarise it |
These measures follow the Civil Code and the Rental Housing Market Development and Management Act (租賃住宅市場發展及管理條例).
When the tenant does not pay rent
Our answer: send a lawful written demand first. Only when arrears reach the threshold and the tenant still does not pay can the contract be terminated. If the lease is notarised with the enforcement clause, the landlord can apply to the court for compulsory enforcement directly, without a separate lawsuit.
- Send a written demand for payment, by registered attestation letter (存證信函, a letter sent through the post office that records its content and date of delivery) or through LINE or email where a record is kept, and keep proof of delivery.
- When arrears accumulate to the threshold for the rent cycle, which in practice is commonly taken as a total of two months’ rent, the lease can be terminated under the law.
- If the lease is notarised with the enforcement clause, take the notarial deed to the court and apply for enforcement to recover the property and the unpaid rent.
- If the lease is not notarised, you must first bring a civil action to obtain an enforceable judgment before enforcement can begin, which costs far more time.
Our view: Never cut the water or electricity, change the locks, or force your way in to clear the property. This kind of self-help commonly carries criminal risk, including unlawful entry into a dwelling and interference with personal freedom. Follow the legal process, even if it takes longer.
Deposit disputes
The purpose of the deposit should be written into the contract. It usually covers unpaid rent, repair of damage to the property and cleaning costs. If there is no dispute at move-out, it should be returned promptly. Most arguments come from a lack of clarity about how much is deducted and for what.
| Situation | Suggested handling |
|---|---|
| Tenant says normal wear should not be deducted | Compare with the handover photos and separate normal wear and tear from actual damage; only damage can be deducted |
| Tenant wants to use the deposit as the last month’s rent | If the contract does not prohibit it, the landlord can negotiate case by case; if the contract expressly prohibits it, the tenant cannot simply offset |
| Landlord delays returning the deposit after move-out | The tenant can first send a written demand; if there is no response by the deadline, pursue mediation or court proceedings for its return |
Our view: The handover checklist is the most effective tool for resolving deposit disputes. Going through the property together on move-out day and recording it item by item greatly reduces the chance of an argument afterwards. Our move-out inspection guide sets out the full procedure.
Notes for tenants
Everything above cuts both ways. A written contract with clear repair and deposit terms protects you as much as the landlord. Photograph the property yourself on move-in day and keep the images. Pay rent through a traceable channel such as a bank transfer, and keep your LINE conversations with the landlord, since those records are what a court or mediator will look at. If a landlord cuts your utilities or changes the locks, that is unlawful self-help, and you do not have to accept it.
FAQ
The tenant owes rent and will not leave. Can I change the locks myself?
No. Cutting utilities, changing locks or forcing entry may amount to unlawful entry into a dwelling or interference with personal freedom, both criminal matters. Send a demand, terminate the contract lawfully, and apply for enforcement if needed.
Can the deposit be used to pay the last month’s rent?
It depends on the contract. If the contract does not prohibit it, the two sides can agree to offset. If the contract expressly prohibits it, a tenant who offsets anyway may still be treated as late with the rent.
The tenant has sublet without permission. Can I terminate immediately?
Yes. If the tenant sublets the property to someone else without the landlord’s consent, the landlord may terminate the contract under the law and demand the property back.
There is no written contract, only a verbal agreement. What happens in a dispute?
Proof becomes much harder. Sign a written contract as soon as possible and keep transfer records and LINE conversations as supporting evidence. For any future letting, always sign a written contract.
How much arrears is enough to terminate the lease?
In practice a total of two months’ rent is the key benchmark, but it still depends on the contract terms and the evidence in the individual case. Send a written demand first and keep proof that it was delivered.
Conclusion
Most rental disputes can be prevented in advance. A written contract, notarisation, and photographic evidence at handover are the three basic lines of defence for a landlord, and the same records are what protect a tenant. If your lease has passed its end date without renewal, read fixed-term vs open-ended leases before acting. Tell us about your situation through our contact page and we can help you assess the lawful options. More guides are on the rent hub.