Weird and funny situation here. Our contract finished over two years ago, and we didn’t sign a new one. Instead, we agreed with the landlord to go month-by-month. We informed the landlord two months in advance before our intended moving period, as we are leaving Taiwan at the end of this month (August). At that time (one month ago), he said: “Thank you so much, you have been such good tenants.”
Now, in our last month, we asked him to use one out of our two-month deposit as payment for this month. Unexpectedly, he reacted strongly, claiming it’s disrespectful, and that according to Taiwan rules, we should have given a three-month notice. We are puzzled because he didn’t mention this one month ago when we provided the notice, and now he seems to be selectively responding.
I am confident we are right on this. Firstly, we no longer have an official contract, and secondly, we have lived in different apartments during our time in Taiwan, and this situation has never arisen before.
My question is, is there an official document or website where I can check the legal notice period after a contract has finished? Additionally, any advice on how to handle this situation would be greatly appreciated.
Article 450
When the lease is made for a definite period, the lease terminates at the end of such period.
If no such period has been specified for the termination of the lease, each party may terminate it at any time. However, if customs is in favor of the lessee, such customs shall be followed.
To terminate a lease as specified in the preceding paragraph a notice shall be given in advance according to customs, but if the rental of a real property is payable weekly, fortnightly or monthly, termination is effective only at the end of the calendar week, or fortnight, or month, and a notice shall be given at least one week or fortnight or month in advance.
Article 451
If, after the end of the lease, the lessee still continues to use the thing leased or to collect profits therefrom, and the lessor does not immediately express his intent to the contrary, the lease is deemed to be continued for an indefinite period.
One month notice is standard after lease expires and there’s no penalty. But asking for part of your deposit back early is not standard. On the day you move out, ask for deposit back in cash/transfer, or you don’t have to move out.
I have asked landlords to keep one month deposit in two different occasions (apartments/contracts) and was never an issue. I have been here for over 11 years.
But I understand this is not standard nor a rule.
Should we just pay for this month and hope for the best when asking for my deposit? The apartment is even in better conditions that when we got it, but for some reason, now I don’t trust this guy, and he might take advance of use leaving the island.
Yeah I’ve met all kinds of landlords. I extended my stay at two Airbnbs in Taiwan by converting to private contracts and the landlords never collected a deposit, just went month by month. My current landlord expects me to allow people to view the place every week two months before I move out, and won’t return the two months deposit early. But I plan to collect the deposit back in cash on my move out day or I’m not leaving.
