[quote=“sleepingtiger”]here is my situation: I’ve signed a 3 year lease on a house and piece of property that is for sale. In the my lease, it is agreed that if the house and land sells before my 3 year lease is finished, the landlords can give me 6 months notice to move. I’ve lived here for 6 months only and my landlords have given me notice, claiming that the property has been sold. BUT I don’t believe this is true. The property is still listed and agents still come by with prospective clients. A clause in my lease from my landlord states " IF I BREAK THE LEASE BEFORE IT"S FINISHED, I need TO PAY 1/2 OF THE RENT AMOUNT OWING ". I had no problem with this as I had no intent of breaking my lease. What is my legal recourse with this. I don’t want to stay here, where I not wanted and I worry that if I stay any longer than the notice, that they’ll poison my dogs out of spite.
I have the eviction notice and when the landlords came to my house to give this to me, I used my smartphone to tape record the conversation they had with me.
I know what I want from the landlords… 1. my deposit back. 2. to pay my moving in and out fees. 3 Since they broke the lease, they should pay ME 1/2 of the lease amount owing…
Am I being unreasonable ? And with a lawyer, is this all possible?
And is it also possible to ask the courts to put " a lien " on the property to insure that they will pay me…???
Now, many are wondering why would they do this…?? My only thinking is that the property is very large, 1454 pings and very expensive… almost 20 million NT. And if I were a buyer, I won’t want to pay 20 million and then also wait 6 months before I could occupy. I’m a good tenant, paid my rent for 1 year in advance, keep the place clean and tidy…
any advice from anyone is appreciated…[/quote]
OK, here is my understanding according to your limited account of the matter:
Article 425 of the Republic of China Civil Code stipulates:
[quote]A lease continues to exist to the transferee notwithstanding the lessor transfers the ownership of the thing leased to a third party after the lessor delivered the thing leased and the lessee has possessed such thing.
The provisions of preceding paragraph shall not apply to a lease of real property without notarizing, the period exceeding five years or an indefinite period.[/quote]
The Civil Code protects the renting party in cases of transfer of property and assumes the lease to continue by the original terms - that is if the original contract had been witnesses by a notary public. Generally rental contracts are not being notarised in Taiwan, most people simply want to save the cost involved.
Your contract states that the landlord shall give you 6 months notice before you need to move. The problem here is, that once the property was transferred your contract with your landlord is terminated. So even if he did not give you 6 months notice, there is nothing you can do to prevent the sale.
You mentioned that the property has not been sold yet. This puts you into the legally beneficial position that your landlord cannot simply evict you but that you can insists on 6 months from the time he has given you notice that he wants to sell the property.
What you definitely need to do is contest his eviction notice (I assume this was a simple letter he wrote?) and send it to him by registered mail. Point out your contractual rights and that you are willing to negotiate an earlier move out date with him if a compensation is involved. Also, write that without any proof of property transfer you will continue to live in the property- If he does not sell the property within the 6 months he has given you notice, you can still live in the place as he did not follow through with his intent to sell.
I would need to know more details for more recommendations.