The apartment is yours to use within the constraints of your lease, it’s not actually yours.
That you would have to ask the Taiwan legislators for I do not know.
I agree and it is something I most definitely do, doesn’t make it legal though.
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Because they are utter cnunts. That is why.
In the US it is common for rental contracts to have a clause that allows the property to be shown with reasonable notice. Not sure if that is true in Taiwan, just a point of reference. Security cameras are a good idea either way.
It’s not.
So, the entire thing isn’t completely over yet, here’s an update.
I checked my rental contract, and there is only one way the contract can be terminated early by either party without securing an agreement from the other party, and that is if the place is damaged beyond the ability to serve as a place to live.
If either party wants early termination for any other reason, you will have to ask for permission and even if you get it, you would pay a fine for breaking the contract.
I took my contract to get legal advice from two places, and both confirmed that my understanding of the contract is valid, and I’m protected by Article 425 of the Civil Code.
Since Article 425 guarantees that the new owner of the house with an existing rental contract has to inherit that contract and cannot kick me out for no reason, I decided to let the real estate agents to show the house, as a sign of good will.
Mind you, I was informed of my LL wanting to show the house Friday morning, and by Sunday, a total of 29 groups of potential buyers visited my house.
After the last group visited Sunday afternoon, I took my wife out to the countryside for a tiny escape. When we were having dinner my LL called, and said that the current highest bidder understands the ordeal I’m going through, and has graciously offered me a two month grace period to move out. I said no can do, especially not with that attitude, and thing got a little heated.
At this point I haven’t had time to seek legal counsel yet, since everything happened in just one weekend. So, I said give me until Monday night, and I’ll get back to you. He begrudgingly agreed.
I took time off Monday to get some professional advice. That night I went through the broker to relay the fact that I have the right to stay.
More updates later if things settle down.
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I had a time when the landlord was pushing us to move and I just said, ‘my kids are in school and the contract’s not up and I can’t move until it is.’ He backed off but was a jerk to several other people.
That said, it’s a hassle to fight these things. If you can find a comparable property you like maybe he/the next landlord would pay for your move and a few months rent. Whatever the LL is selling for has got to be megabucks, and since they want to sell right this minute, they might have an incentive to help you. On the other hand, don’t be afraid to develop a string of excuses and repeat 沒辦法 over and over again.
Anyway… sorry for the hassle and best wishes on the move.
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I assume you left the boxes of Trojan Magnums, lube and various sex toys in conspicuous locations around the house? Has always worked for me.
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That must be a dream of house.
It’s a humble 10 year old “3”-bedroom apartment in a complex with elevators. It’s technically 2-bed with a closet. It’s closeish to the THSR station, maybe 10 to 15 minutes on foot.
This pandemic has reignited Taiwan’s housing market. Rich people with no where to go to spend their money. Some people in the IC industry are seeing huge gain in bonus pay and see their stocks go through the roof. The average real estate price rose 9% compared with 2019.
The broker actually seeker my land lord out and begged him to sell the house.
I agree with this approach – if they want you out bad enough they should be able to buy you out for the rest of the lease + deposit back (if you’d be willing to move)
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I suggested that, out of pure courtesy. Heck, I’ve even looked at a couple places. The truth is the best thing for me is not to move. I have a new place lined up for me that will be available early next year. If I move now I would be subjecting my cats to moving twice in half a year. It’s extremely stressful for them, and not my first choice.
Also, if I do move out, with elevated rental prices, and having to sign a full year meaning I have to pay extra months worth of rent, I’d put myself in a sizable hole. I would also need to pay movers since my place didn’t come with a fridge or washing machine. Then I would need to take time off to house hunt and move, and spend my free time packing.
I think I deserve to be compensated if I move for their convenience. I also am not going to give them a price. If they feel like they owe me, they should think in my shoes and come up with a reasonable number. Otherwise, why should I bother to put myself in their shoes.
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I lived in a house that was sold but the remaining 5months were honored. Prior owner and new owner followed the rules/laws and were not dicks about it.
The landlord giving a day notice is total BS. No way is that legal. If I were you I’d tell him until the end of the year then move out, but I want my deposit early. I wouldn’t trust a cunt like this landlord you talk about.
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If your reading of the contract is correct, ie it’s a fixed 2 year contract which cannot be terminated for any reason without your consent prior to summer 2021 I don’t see why you are stressed out.
Tell the landlord you want the equivalent of say 6 months rent as compensation, or your not moving until summer 2021.
Not sure why you are stressing if you are in the right…
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Because this is Taiwan and the law is an ass?
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Pretty much what @the_bear said.
I’ve heard plenty of not exactly legal ways land lords try to kick their tenants out. The electric, gas, and water bills are charged to my land lord first, so that also worries me.
At a certain point it wouldn’t worth the hassle of being right. I mean I would fight it out in the court room if I have to, but I wouldn’t be living there while I do that…
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If he were to close the contracts you can just open new ones in your own name fairly quickly.
Frankly, I cannot see any way the landlord can force you out except sending over some big guys to throw your stuff out while you are at work etc. But, you said the place is next to HSR, so I presume this is not the countryside …
Other than just opening up new contracts in your own name, cant really see any other hassle (except perhaps having to explain the situation to the landlord a few times)
On another note, wouldn’t the rental contract be transfered to the new owner per default? At least for me when I rented commercial property and the property owner changes I just get a letter from the new owner saying the bought the place and they are my landlord now …
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Fairly quickly is still at least a couple of days, especially if it’s timed so that I’d only find out on Friday night. In this summer heat, it’s not going to be pleasant, and I have one cat that might suffer heat exhaustion from such an ordeal.
Right now it’s probably not the countryside, but just 10, or even just 5 years ago, I think it’d still be fair to call it the country side. When the HSR first opened, there’s nothing but rice paddies around here.
By law it should. However, my remaining rental contract apparently became an obstacle for some of the potential buyers, which doesn’t help our current landlord tenant relations.
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So open it today then, problem solved and you don’t need to worry about the landlord cutting it off.
What did the landlord say when you pointed out that the contract hasn’t ended?
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My approach is also to use lots of “I” language and explain how annoying/difficult everything is:
-I have an apartment I can move into later, but it’s not ready yet
-Work lately takes so much time… I don’t know if I could find a good time to move
-We’re so familiar with this apartment and really like it
-I’m trying to be helpful (recount ways you’ve been helpful)
-I talked to a lawyer, and they said…
-For foreigners, it’s harder for us to find new places
-With Covid, it’s harder to find rentals now
-My wife is really upset about…
-It’s so expensive to move
Etc, etc, etc. Don’t blame, don’t necessarily negotiate, don’t agree to anything, but keep articulating how 麻煩，困難，辛苦 all of this is.
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