Civil Code ( 2008.01.09 Amended )
[quote]Article 390 A clause in a contract of sale by installments, if it is agreed that, upon the rescission of the contract, the seller may retain the installments received, the amount retained shall not exceed an amount representing the rental of the object sold plus damages in case the object sold has sustained any injury.
Article 421 A lease is a contract whereby the parties agree that one of them shall let the other party use a thing or collect profits therefrom and the latter shall pay a rental for it.
The rental specified in the preceding paragraph may consist of money or of profits of the thing leased.
Article 430 If, for the duration of the lease, the thing leased is necessary for repairing incumbent on the lessor, the lessee may fix a reasonable deadline and notify the lessor to make such repairs. If the lessor fails to make such repairs within the deadline, the lessee may terminate the contract or make the repairs himself with demanding the lessor to return for any expenses incurred therefrom or deducting the said expenses from the rental.
Article 435 If, in consequence of circumstances for which the lessee is not responsible, the thing leased is partially destroyed for the duration of the lease, the lessee may claim for a reduction of rental proportionate to the part destroyed.
In the case specified in the preceding paragraph, if the lessee cannot with the remaining part accomplish the purpose of the lease, he may terminate it.
Article 439 The lessee shall pay the rental at the agreed date and in the absence of such agreed date, according to customs; and in the absence of such agreement or customs, the rental shall be paid at the termination of the lease. If the rental is paid periodically, it shall be paid upon the end of each of the periods. If there is a season for the collection of profits from the thing leased, the rental shall be paid at the end of such season.
Article 440 If the lessee delays paying the rental, the lessor may fix a reasonable deadline and notify him to pay. If the lessee does not pay within such deadline, the lessor may terminate the lease.
If the thing leased is a house, the lease cannot be terminated so long as the total rental in arrears does not correspond to two months, the provisions of the preceding paragraph shall not be applied. The rental is agreed to pay at the commence of the period, the lessor may terminate the lease only as the rental delays paying more than two months.
Leasing for building a house of a land (station), as the total rental in arrears corresponds to two years, the provisions of preceding paragraph shall be applied.
Article 441 The lessee shall not be released from his obligation to pay his rental by the fact that he is prevented from using the thing leased or from collecting profits therefrom, either wholly or partially, through a cause brought about by himself.
Article 442 In case the thing leased is a real property, either party may apply to the court for an increase or reduction of its rental in proportion to the fluctuation of its value, unless the lease in made for a definite period.
Article 445 The lessor of a real property has for his claim of prestations arising from the lease a right of retention over the movables belonging to the lessee and placed in the real property, thing except those movables which cannot be seized in execution.
In the case of the preceding paragraph, the lessor may compensate himself out of the thing retained only to the extent of those injury he is already entitled to claim for, together with the rental for the present term and for the unpaid past terms.
Article 446 The lessor’s right of retention as specified in the preceding article is extinguished by the removal of the things to which it applies by the lessee, unless the removal has taken place without the lessor’s knowledge or he has objected to such removal.
If the removal takes place in the performance of the business or in ordinary course of life of the lessee, or if the things remaining on the premises are sufficient to secure the payment of the rental, the lessor shall not object to the removal.
Article 450 When the lease is made for a definite period, the lease terminates at the end of such period.
If no such period has been specified for the termination of the lease, each party may terminate it at any time. However, if customs is in favor of the lessee, such customs shall be followed.
To terminate a lease as specified in the preceding paragraph a notice shall be given in advance according to customs, but if the rental of a real property is payable weekly, fortnightly or monthly, termination is effective only at the end of the calendar week, or fortnight, or month, and a notice shall be given at least one week or fortnight or month in advance.
Article 454 If the lease is terminated according to the provisions of the two preceding articles, the lessor shall return the rental which he has received in advance for those terms falling due after such termination.
Article 457 The lessee of an agricultural land may demand for a reduction or release of the rental, if by reason of force majeure, the profits of the thing leased have decreased or totally failed.
The right to demand for a reduction or release of the rental as specified in the preceding paragraph cannot be waived beforehand.
Article 457- 1 The lessor of agricultural land cannot receive the rental in advance.
The lessor shall not refuse to receive, if the lessee fails to pay whole of the rental in accordance with the period instead of paying a part of the rental.
Article 458 The lessor of an agricultural land may terminate the lease before the end of the period of the lease in either of the following circumstance,
(1) The lessee died without successors or his successors without cultivation ability.
(2) The lessee has not cultivated for the duration more than one year, it is not by the reason of force majeure.
(3) The lessee sublets the whole or a part of the agricultural land leased to other.
(4) The sum of the rental in arrears corresponds to two years.
(5) The agricultural land has arranged according to the act or changed to be a land not for cultivating.
Article 835 Where the rental for superficies has been agreed upon, and where the superficiary waives his right, he shall either notify the landowner one year beforehand, or pay the rental for the following year.
Article 836 Where the superficiary has delayed the payment of the rental which has accumulated to the amount of equivalent to the total rental for two years, the landowner is entitled to revoke the superficies, unless otherwise provided by the custom.
The revocation as specified in the preceding paragraph shall be made by an expression of intent to the superficiary.
Article 837 The superficiary is not entitled to claim for a release or reduction of the rental even if he is hindered by force majeure from using the land.
Article 842 Yong-dian is the right to cultivate or to pasture stock permanently on the land of another person by paying a rental.
Where a yong-dian is created for a definite period of time, it is deemed to be a lease, and the provisions concerning Lease shall be applied.
Article 844 A yong-dian holder is entitled to claim a reduction or a release of his rental, if, owing to force majeure, his profits have decreased or totally lost.
Article 846 Where the yong-dian holder has delayed the payment of the rental which has accumulated to the amount of equivalent to the total rental for two years, the landowner may revoke the yong-dian unless otherwise provided by the custom.
Article 849 Where the yong-dian holder has transferred his right to a third party, such third party is bound to repay to the landowner the rental owed by all the previous yong-dian holders.
Article 876 If the land and a building on such land are both owned by the same person at the time a mortgage is created, and either the land or the building only is mortgaged, a superficies is deemed to have been created and to exist at the time when the mortgaged property is sold by auction, and the land rental, term, and scope of the superficies shall be determined by agreement between the parties. If such an agreement cannot be reached, the parties may apply to a court for a judgment determining these.
If the land and a building on such land are both owned by the same person at the time a mortgage is created, and both the land and the building are mortgaged, if the land and the building are thereafter sold by auction to different bidders, the provision of the preceding paragraph shall apply.[/quote]
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Jenny, if you have signed a LEASE with an expiration date, they cannot kick you before hand even if they SELL it. The New Landlord must honor the lease. For people buying a rental property, your presence their is an ASSET, which is why they would like to ascertain with you to be allowed to SHOW the premises while you are there. It Looks Good…see…the tenant is already paying your mortgage!!!
SO: IF they would like to SHOW while your are still living there…suggest that they KNOCK down 1000NT for each time you show the place,if you want. Win Win.
IF they new landlord is only buying it for rental purposes, they will not be in a big hurry to kick you out.