I’ve been in the same apartment (studio) for three years.
The first two years, my landlord and I signed contracts each year. The third year, we changed the dates on the most recent contract and re-signed it rather than use a fresh contract.
This year, my landlord asked if I want to stay for another year over Line and I said yes but he hasn’t mentioned signing a new contract.
What are my rights without a signed lease or without changing the dates on the last lease and signing the changes? Do the Line messages hold up legally (I’ve screenshotted them)? Should I make a fuss and get an updated lease agreement?
In my country, if you’ve rented a place for several years, you don’t formally need a new lease agreement — it becomes recognised as a long term agreement and is protected by law. Is it the same in Taiwan?
If there’s even a slim chance you’ll be moving in the next year you’re far better without the lease, you still retain all your rights however you’ve now moved to a monthly contract so you only need to give a months notice to move and get your full deposit returned.
Yeah, this would be my thinking too. I’m in a similar situation again now and my landlady usually wants me to sign for another year. I suppose it works both ways though and so depends on the person’s situation.
Actually your Line communication might count. A real property lease does not need to be done in writing if the lease term does not exceed one year (Civil Code §422). If you both agree to a one year lease term than it is a lease “made for a definite period” which would terminate at the end of the one year period (Civil Code §450). From what I gather you are likely bound by the terms of your original lease for another year. However, Line messages aren’t the most reliable and can be disputed and therefore a formal written contract would be preferable.
You would only be on a month-to-month lease (or, as the statute provides, a lease with an “indefinite period”) when (a) you continue to occupy the premises after the original lease expires and (b) the landlord does not immediately express their intent to the contrary (Civil Code §451).
If you don’t want to stay but still need time to look for a new place and move - which might take a few months. Are the landlords usually ok with this?
I’m considering moving (big dust problem here) when my contract is up in a couple months but i know its going to be a slog to find a new place…