Is AirBNB legal in Taiwan?

I rented an house and I did a regular contract with my landlord. The apartament has in total 3 rooms, plus on on the rooftop and we share a kitchen. I have the contract for one year. My landlord keeps on using one or two rooms for AirBNB acomodation and short term rentals. Sometimes one month thrught AirBNB, sometimes even 3 days. For example he told me that in august there will be 3 different guest, one for two weeks and the other two just for some days.

This is pretty annoyng for me because I never know which people are in the house, I even don’t know if he gets any documents from them and he doesen’t announce to me in advance who will come. I don’t feel safe in this way since I always live here and I did my contract for one year. So in the morning sometimes I find random people in the kitchen as soon as I go out from my room.

He also comes in the house (kitchen, common spaces) without any announcement to accompany those people inside.

Is this legal? What can I do?

Regards,

I’d reckon to say that’s not a legal operation he’s got going on there, in TW at least. Just saw this the other day.

Sorry to hear about your situation, that would be super frustrating!

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Hi,

thanks for your understandig and the link. I saw it too and I think it’s good.
If a person wants to run airbnb I thin should do it in a proper place not in a shared house where one or two people have a long term contract and they are maybe registered, even with a private contract.
I would accept even 6 months contract for the others, as long as there is an actual contract and not a random airbnb reservation. Where documents are kept and I know who there is in the house.
I think the main concern is about safety because what if I put something a bit valuable (my rice cooker, my laptop, etc) in a common space and than it gets stolen by a person that checks out after one day? It’s really about security in my situation…
What can I do?
Regards,

Have you tried talking to your landlord about concern for your safety? I know landlords have a bad rep for caring only about money and not caring about their tenants, but there’s some landlords that have a soul.

If he/she is willing to listen, it wouldn’t hurt to bring up your concerns, but do choose your wording wisely. You probably don’t want to pinch a nerve and they’ll make your stay more miserable than it is now.

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Hi,

yes I did and he said that he will try to find someone long term. This is just a promise anyway because in the end he does not do it and he keeps on renting rooms of the house on AirBNB. Everytime it apologizes but for me the situation doesen’t change it.
Regards,

I would like to suggest you continue to engage your landlord and propose other ways your concerns can be addressed.

It has long been noted in these forums that rentals in Taiwan are relatively low while valuations for the apartments are actually quite high. As someone who owns an apartment in Taipei, I find this very frustrating (although my mortgage on the place is now quite manageable, at last). Recently, I have moved to another city temporarily so I would really want to rent out my Taipei apartment for as much as possible. I am looking at AirBNB as a way to squeeze out a little bit more than what a regular monthly rental would give me.

In my case, realtors have casually said I could reasonably expect 50k in rent. When I have checked Airbnb in my area, apartments are going for 4 to 6k a night. I don’t expect to fully occupy the place, but I’m doing better if I can rent the place for more than 1/3 of the month.

So, if I were your landlord, I would be willing to make adjustments to appease my “anchor” tenant - who represents steady but below market income.

I would not permit random strangers to live there unless it was agreed upon beforehand. That is very sketchy and unethical behavior by your landlord. It’s also very possibly illegal.
The govnernments has been cracking down on airbnbs recently, you can report it if you want.

Hi,

I have seen the emendament of the article 55 of the new tourism act from the tourism Bureau department. Are you sure you can rent airbnb to a normal apartment without a license? I will follow your advice ans speak but would you really barter your safety by not knowing who is in the house as a regular teanant for a few thousands discount (maybe) on the monthly rent?
Regards,

Hi,

yes but how, i mean in which way would not allow it?

Tell him no more. Foot down. Get a regular tenant or nobody. He can then figure out what he wants to do at end of tenancy.

He taking you for a ride, you need to show you are adamant on this. Ask buddies or relations to be there when you have this conversation (better) or send a registered letter to him.

This is the situation…if he doesn’t take you seriously you can mentiin that the government does not permit illegal Airbnb rental and he’s certainly not paying tax either(i wouldn’t mention the tax he will know that in his mind anyway).

Just to be clear, I didn’t mean to say that as the “anchor tenant” the OP was necessarily the “Little Landlord”, which I think is an unofficial role anyway. Also, we do not know if the OP is in a strong enough negotiating position to put their foot down - 1-year contract not-withstanding, the tenant and landlord could agree to part ways and the landlord could seek a more cooperative anchor, assuming one would even be necessary at that point.

On the other hand, given the current anti-Airbnb climate building these days, the OP’s position could be strengthening, i.e., the landlord will not want a troublesome tenant.

OP - if you can demonstrate that you are interested in coming up with mutually beneficial solutions, you can hopefully extract more in the process.

Also, if I were to let out my place or parts of it to Airbnb guests, I would vette them as much as some hosts have checked on me. Sure, Airbnb offers the “instant approval” option in some places, and I have stayed in such places, but I would try to learn from some of the Airbnb hosts I have stayed with.

Mutually beneficial solutions doesn’t include letting random strangers live in your apartment day after day after signing a lease! He wasn’t told it was a boardinghouse.
Screw that.
Landlord should find some longer term tenants and stop being a greedy arse.

Hi,

how do you see to ask him to announce in advance by writing (even mail is fine) when he is going to come inside the house. Asking for a copy of the reservation of the guests and for their documents so I can anyway collect everything and all the information. This for my own safety. If he doesn’t comply than I mention that i know he doesn’t have a licence to operate the airbnb business and i might report it.
Regards,

Reality check: any mention that renting the airBnB out is illegal requires the OP to be ready to move out. Because that’s what will happen if Landlord gets threatened. He knows Foreigner has virtually no pull in this situation, and there are plenty of tenants out there. He might even make more money renting Foreigner’s room out through airBnB or some other short-term rental source than with Foreigner in there long-term.

Usually the easiest way to handle this kind of thing is simply to look for another place, and then use the airBnB thing as leverage to get out of any penalty clauses in the rental contract when you do move…and of course Foreigner is not moving because of the airBnB situation, it’s because of a regrettable and horrific personal situation with an elderly family member back in Home Country.

Save face, grease the wheels.

Hi,

I like your post because it goes back to reality. I wrote this because I like to gather different opinions about a situation and see different attitudes of different people. Only one question can you please clarify what you mean with ‘it’s because of a regrettable and horrific personal situation with an elderly family member back in Home Country’.
Im not English native speaker, what did you want to say?
Regards,

Hi,

to clarify i dont want to move if it was that the idea. I really want to stay…it is just that the airbnb situation is a bit annoying because it’s reality that I dont really know who there is inside the house. That’s it…

What I meant was that you don’t go to the landlord and say, “I am going to move out because you won’t do anything about this whole AirBnB thing.” That’s confrontational and makes him lose face (it has nothing to do with whether or not it’s legal or even right in the first place; he’s the landlord and he’s Taiwanese.)

Instead, if you’ve decided that he isn’t going to change the situation, and you really can’t stand it (and I can totally understand that – I’d probably move out under those circumstances), you go to him and say, “Gosh, you know, I’m in a little bit of a hard position right now. My [insert relative here: mother/father/grandfather/grandmother/sister/brother] is [deathly ill/incapacitated/has been attacked/was in a serious car accident/mountaineering incident/whatever] and so I have to return to my Home Country immediately.” Under those circumstances you are more likely to get money back on deposits or penalties that would be due for breaking the lease.

Note that not much of this has anything at all to do with what’s legal. It has to do with what’s customary, and what people will do without feeling that they have been disrespected or “lost face”. Even so this is a general opinion based on personal experience and you can never anticipate the reactions of any one individual based on that. Usually it isn’t a bad starting point, though.

I can’t really see any solution for you to stay there. There’s no incentive or reason for Landlord to change what he’s doing. Money speaks louder than reason or “right” or law.

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Hi,

but this is not my fault! I like the house and i pay a rent. Why do i have to move out because of his bad behaviour?
Regards,

That’s assuming the landlord is not violating the Income Tax Act or whatever the anti-Airbnb law is called.

I agree confrontation should be avoided if possible, but sometimes it’s “difficult” (as one would say in Chinese).

Tsui Mama (www.tmm.org.tw) might have some advice.

Because:

  1. You are a foreigner, and the landlord is not;
  2. You don’t own the apartment, and the landlord does;
  3. You are but one tenant out of an endless pool in Taipei ready to move into that apartment;
  4. At the end of the day, you have no rights in Taiwan. Only what is granted to you by whomever has the upper hand at the moment. Employer, sometimes ROC-national spouse, landlord, government agency…

I know the law says this and that, but this is pretty much how it actually works. The best outcome you could get if you insist on him not doing AirBnB there is to have to move anyway, even if someone ordered him to stop doing that, because you can’t control the landlord getting pissed off and raising the rent, inviting a temple acrobatic troupe to live there rent-free, or otherwise making your living there just impossibly uncomfortable.

It sucks. But that’s life in Taiwan. Many of us still love it despite these things. And for everyone there potentially comes a time when “these things” become too irritating, and the decision has to be made whether to stay in Taiwan or not. And also, for every time you get screwed by a situation like this, there’s another one to balance it off where you really should have to do XYZ but in practice you don’t have to, and it’s better for you.

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