I’m currently in a rental situation in Taiwan and would appreciate your insights on a specific issue regarding my lease agreement.
My landlord has asked me to vacate the property for reasons that do not seem to fall under the legal grounds for early termination (she wants to sell it). The lease agreement I signed includes an early termination clause, stating that either party can terminate the lease with one month’s notice and payment of one month’s rent as punitive damages. However, it does not specify conditions that would allow for this clause to be invoked unilaterally by the landlord.
Key points of my situation:
Early Termination Clause: The contract allows either party to terminate the lease early by providing a month’s notice and paying punitive damages. However, it doesn’t mention whether mutual consent is required.
Tenant Rights: From my understanding, under Taiwanese law (specifically the Rental Housing Market Development and Regulation Act), landlords cannot terminate leases arbitrarily without valid cause. The law typically protects tenants from being forced to leave without justifiable reasons, as far as I am aware.
Concerns: I’m concerned that even though the contract states early termination is possible, I might be legally obliged to accept the landlord’s request to move out if she pays the punitive damages. However, I want to know if I have the right to refuse this termination since the reasons do not seem valid.
Request for Advice: Has anyone faced a similar situation? What are my rights in this case? How have courts in Taiwan interpreted such clauses in lease agreements?
Any guidance or personal experiences you can share would be greatly appreciated!
Perhaps it’s a reasonable compensation, but given that I’ve only been here for 2.5 months into a 1-year contract; it feels it. Agent says that landlord has come into financial difficulty and needs to sell the flat.
My issue is the expenses I’d incur by moving (cancellation fees for the internet, visa address changes, work arrangements with moving + the fact that I’m leaving Taiwan next summer so would inevitably need to violate any lease I sign because I won’t be in Taiwan a year from now).
The contract does, however, state that any losses incurred due to violations of the contract - the early termination clause is considered a violation under the contract - should be reimbursed by the violating party; I wonder if I could get that back from them.
Perhaps, however she did try to offer NTD2000 if I’d facilitate viewings during the notice period. Insulting if you ask me, which makes everything feel less reasonable.
One way or another this is guaranteed to end with you moving out so I suggest you figure out something reasonable and put it to your landlord. I suggest adding up all the financial cost you will incur and seeing what the number looks like in relation to the amount of rent you are paying. If it’s reasonable then put it to your landlord.
BTW, you can move your internet connection to your new home, it not necessarily necessary to cancel.
While I can see why selling the flat may seem like a reasonable excuse, I don’t think it is when your tenant is only 2.5 months into a 1-year contract.
Either way I’m planning for the best possible outcome. If I can stay, a win. If I’m forced out, I’ll try rinse her for as much as I possibly can.
It might do if you don’t know the circumstances by which she’s trying to force me out and what her actual priorities are based on our communication… I’m well within my rights to seek maximum compensation from her due to loss incurred from a contract violation.
Reddit already gave you reasonable advice. Forumosa just gave you more but your phrasing is still very vindictive. Why should I side with you over your landlord? The contract says they can break it and they did. Good luck with your “maximum compensation.”
I’m sure you’d be rattled too if you were 2.5 months into a year long contract and being asked to leave whilst offered an insulting sum to assist with viewings during the notice period.
Apart from the fact that Taiwanese law prohibits a landlord from terminating a lease early for the reasons given.
I think being rattled is a reasonable and understandable response. I had almost exactly the same problem happen to me. But negotiating is your best bet. Trying to go scorched earth will only hurt you in the end.
I can understand my vernacular probably seems scorched however I am probably projecting the same energy I am receiving from the landlord in my tackling the situation. You’re right in saying I should be the bigger person, however. No disagreement there from me.
I’ve heard there is an organization, mama tsui’s. First ask them and then you’ll have a good idea. If you leave and give the keys back by the end of the last month then you can pursue through mediation. But you could always just not move out and then lose your damage deposit. It’s pretty common for people to lapse on rent. If the situation is difficult to sort in time then just don’t move out but your deposit will be gone. If you find a place in time try to get what you can through meditation. But lose as little sleep as you possibly can to sort it out because in the long run, though frustrating, it won’t be more than a footnote in your life.