My friend’s landlord is withholding a deposit for an aircon that needs repairing (not broken, just not up to peak performance). Damage is valued at a few thousand, less than 10k.
In Taiwan, what is the law regarding repairs to housing due to natural wear and tear (not broken or damaged due to negligence)?
Just curious if it differs from my country where Landlord is responsible.
Also, if it comes to legal action, what course would my friend follow to try get the money back? Police, small claims court (if this exists), regular court?
Yes, sadly the queefer thinks he is right and resilient to any dispute. Anyone know where to find hard black and white legislation that can be waived is his flabby face so that he coughs up the deposit without messy lawsuits.
Can police deal with ppl like this if the law is straightforward?
Yes, sadly the queefer thinks he is right and resilient to any dispute. Anyone know where to find hard black and white legislation that can be waived is his flabby face so that he coughs up the deposit without messy lawsuits.
Can police deal with people like this if the law is straightforward?[/quote]
Just tell him you will include the rent in the next tax filing … he probably doesn’t pay tax on the rent.
[quote=“cyberguppy”]My friend’s landlord is withholding a deposit for an aircon that needs repairing (not broken, just not up to peak performance). Damage is valued at a few thousand, less than 10k.
In Taiwan, what is the law regarding repairs to housing due to natural wear and tear (not broken or damaged due to negligence)?
Just curious if it differs from my country where Landlord is responsible.
Also, if it comes to legal action, what course would my friend follow to try get the money back? Police, small claims court (if this exists), regular court?[/quote]
Per Article 430 of the Taiwan Civil Code, the landlord is responsible for the repair, if there is no agreement in the opposite. Did your friend already pay?
Anything amount under 100K NTD goes to small claims court.
[quote=“jamie.yang”][quote=“cyberguppy”]My friend’s landlord is withholding a deposit for an aircon that needs repairing (not broken, just not up to peak performance). Damage is valued at a few thousand, less than 10k.
In Taiwan, what is the law regarding repairs to housing due to natural wear and tear (not broken or damaged due to negligence)?
Just curious if it differs from my country where Landlord is responsible.
Also, if it comes to legal action, what course would my friend follow to try get the money back? Police, small claims court (if this exists), regular court?[/quote]
Per Article 430 of the Taiwan Civil Code, the landlord is responsible for the repair, if there is no agreement in the opposite. Did your friend already pay?
Anything amount under 100K NTD goes to small claims court.[/quote]
Would you happen to have a link to that specific article or maybe do you know where I can download it? Thanks.
Any link to small claims court would be handy too. Might handy useful to show your landlord or other that you know your shit and you are prepared to take action if needed.
What happens if the landlord is being super stingy and does break the Taiwan Civil Code 430, refusing to pay for repairs of natural wear and tear? Our sink in our very, very old apartment was unrepairably clogged, fixed it and the landlord keeps saying it’s our responsibility because we clogged it? But in reality we can all tell those pipes haven’t been replaced in at least a decade. What can we do about it? Hiring a lawyer sounds like a hefty and costly hassle that isn’t worth it for something so trivial.
In our case, we told our landlord who refused to fix our water boiler that we asked a Taiwanese lawyer friend of us who confirmed it was the landlord’s responsibility to pay for repairs. The only fact of mentioning the word “lawyer” in the discussion instantly turned our landlord from stiff upper lip to completely docile. The next day first thing in the morning, a guy was here to fix the water boiler at the landlord’s expense. Quite laughable.
A clogged sink is the tenants responsibility unless there is some damage to the drainage system which has caused the clog. Get some draino and see if it clears.
Nobody ever posted links to this legislation, I"d like it too.
My landlord also says I have to pay to repair her air conditioning, water heater, refrigerator, and so on. Oh yeah, and if I have to replace it, I don’t get to take it with me when I leave either, unless I want my security deposit lost of course!
The agency that got me the apartment is siding with her. He says she is only responsible for the physical building, which apparently means the walls, ceiling, and floor. He says the only time the law makes landlords repair anything else, is in single room apartments that have only one sink or air conditioner.
[quote=“jamie.yang”][quote=“cyberguppy”]My friend’s landlord is withholding a deposit for an aircon that needs repairing [color=#FF0000](not broken, just not up to peak performance)[/color]. Damage is valued at a few thousand, less than 10k.
In Taiwan, what is the law regarding repairs to housing due to natural wear and tear (not broken or damaged due to negligence)?
Just curious if it differs from my country where Landlord is responsible.
Also, if it comes to legal action, what course would my friend follow to try get the money back? Police, small claims court (if this exists), regular court?[/quote]
Per Article 430 of the Taiwan Civil Code, the landlord is responsible for the repair, if there is no agreement in the opposite. Did your friend already pay?
Anything amount under 100K NTD goes to small claims court.[/quote]
There is a difference between repair and maintenance.
The landlord is most likely not responsible for regular maintenance work.
Of course, he probably rented the pace to your friend in a desolate shape and now charges him for the maintenance.
I don’t know, the AC, water heater, refrigerator, plumbing, and such, belong to the landlord. I rented a place with a functioning AC, fridge, water heater, and plumbing.
If these things were all broken right now, nobody would rent the apartment, obviously. So it really ought to be illegal to make the renter fix stuff that doesn’t belong to them, to bring the apartment back up to the same quality it was in in the first place. I’m paying X dollars a month for THIS apartment. That rent amount should include anticipated repair costs from the landlord’s point of view.
If this stuff breaks, and I move out, she is obviously going to have to fix it before she can rent it again. She’s obviously just abusing the fact that I happen to be here at the moment. I mean imagine I"m moving out in two months, and the 15 year old fridge finally goes. Why should I have to buy her a brand new fridge that will serve to get her extra rent money for the next 15 years? No matter how long I have left on my contract it makes no sense. I just don’t see a single point of view where it makes sense to tell tenants to repair this stuff. That’s kind of the whole difference between renting and owning a place.
Anyone? I moved in a week ago and my landlord is already breaking everything we agreed on. Refusing to move out old furniture and the refrigerator already broke. I asked her to call a habdyman and instead she shows up to declare it isnt broken even though we explicitly agreed we would let a handyman look at and decide in these issues
Shes actually in the house right now, for the past two hours, arguing with me that there is no need to call a handyman. Her solution? “the refrigerator is extra things, not part of apartment. We can change contract, eliminate refrigerator from inventory” shes blowing my mind here. Obviously my counter offer is that I want to move out and return my money and she isnt having that either. My god get me out of here! Christ. Im gonna need a lawyer in hsinchu I reckon. References? That article 430 would sure be helpful…she says law protects only “single room” apartments
Shes actually in the house right now, for the past two hours, arguing with me that there is no need to call a handyman. Her solution? “the refrigerator is extra things, not part of apartment. We can change contract, eliminate refrigerator from inventory” shes blowing my mind here. Obviously my counter offer is that I want to move out and return my money and she isnt having that either. My god get me out of here! Christ. Im gonna need a lawyer in hsinchu I reckon. References? That article 430 would sure be helpful…she says law protects only “single room” apartments
Alrhough our contract explicitly states she is responsible for this kind of maintenance, when i pointed to the contract and told her i was getting a lawyer, she burst into a giggling fit like a loony toon on helium and said Im cute.
Not seven days ago, we sat here and I said I like the place, but will you get rid of furniture xyz and whats your policy on repairs? Now she is finally leaving and says we can discuss it later and try to find an agreement, as though dhe didnt sign this @#&!*ing contract already.
Sorry for going on and on this has been one hell of a week.
On a side note, it suddenly seems rather incredible how lopsided tenant agreements are…if I want to move out, I pay a huge penalty. If the landlord decides to throw me out, she only needs to give a month notice and no penalty at all. I really dont wabt to spend a year in this relationship ! : p
he probably doesn’t pay tax on the rent.