Landlord wants to do construction/kick us out


#1

Seems that my landlord is looking to build another bedroom in my apt and asked my housemate and i to to jack up the rent a considerable amount. we told him we didn’t really want another person and couldn’t afford it so he should do the work when we leave next year when our lease runs out. now he’s adamant about doing the work, seems he’s looking to make some more bucks. wants to get rid of us maybe so he can start from scratch and rip someone off for even more. well, there’s no real clause in the lease for kicking us out but he claims that with one month’s notice can boot us. anyone know the landlord laws. seems he’s up to some shady business practices…


#2

You should have a rental contract - usually in a standard format. It will explain what he can and cannot do.

The usual arrangement for house rental in Taiwan is for one or two year fixed term contracts. If the landlord signed such a contract, then he is expected to keep it, or suffer terms of breach of contract. Check to see how such situations are covered. The contract may also mention the limits of building work that the landlord can undertake while you live there. You might need to get someone to help you read it, the wording can be hard!

Bear in mind you can always negociate… by mutual agreement you can release the obligations of the contract. Often this is the best way since if you can agree it is least likely to result in legal problems. You could negociate for: Free period of rent, moving expenses, money, etc. Negociating in this way can also show you mean business, he might change his mind about the whole scheme when you say, “Sure I’d be happy to move out for $50,000”.

If you do not have a formal contract you may have problems, but you could still try negociating.


#3

I think legally the tenant has more power than the landlord. If nothing esle, call the cops when he tries to do construction. He probably won’t even have a permit to do it! In the meantime, ask the local police for advice. Only they or a lawyer will really know your rights.


#4
quote:
Originally posted by Greg W: ...call the cops when he tries to do construction. He probably won't even have a permit to do it!

I don’t think the landlord would need any permit for internal construction, and if you wait for the heavies to come round, it will probably be too late to call the cops.


#5

Variant on the theme:

I pay rent to my girlfriend and she pays the landlord. Our roof leaks and we have already got two estimates for fixing it, but roof repairs are the landlord’s responsibility. However, the landlord is nowhere to be found. Probably “gone abroad,” which these days usually means “gone to manage his investments on the mainland.” That’s bad because the typhoon season is coming. I advised my girlfriend to just get the job done, keep a receipt and withhold the repair money from the rent, but she insists on waiting for the landlord to show up. Is this a Chinese cultural thing of not taking the initiative? Any advice?


#6

What we really need on Oriented is a list of useful local lawyers. Do you have a contract ? There shoud be an address on it for the service of process. Serve him a notice, give him a fortnight, and then carry out the work. That would work in the UK.

Having worked in China as a paralegal, and having had landlord problems there, I can tell you that the law on the mainland (well in Shanghai anyway) is crystal clear on this. It kind of surprised me at the time. I hate to say it, but: PRC 1 Taiwan 0.


#7
quote:
Originally posted by hexuan: What we really need on Oriented is a list of useful local lawyers.

I’ll say!

I had two people contact me just this week asking if I knew of any lawyers. One was for a divorce/child custody case. The other, for that pee-in-a-cup incident at 2nd Floor last Xmas.
Seems that one has resurfaced…
I could only refer the former to The Center in Tienmu

If someone could compile a list of lawyers, I’m sure Gus would be happy to put it in the information section of this site. Thanks!


#8

I don’t think the landlord would need any permit for internal construction, and if you wait for the heavies to come round, it will probably be too late to call the cops.

According top my contract the landlord is not allowed to enter the apartment as long as I stay there (unless I agree of course), so any construction would be regarded as not possible.
Thus sending in a contractor would be a clear breach of the contract - given they can actually get access (does the landlord still have a key?).


#9

What pee-in-a-cup incident? I’m very curious about it! If you want, write about it in an email to me: gregaw1971@hotmail.com

I’ve been to 2nd floor twice…hope it wasn’t the same night as u!

Thanks