In Taiwan’s residential rental market, landlords and tenants can refer to lease agreement templates provided by government agencies. Different types of landlords should choose the appropriate lease version based on their status. These templates not only protect the rights of both parties but also ensure the contract complies with legal requirements. Below are several common types of lease agreements, along with explanations based on the landlord’s status:
1. Corporate Landlords
Corporate landlords are businesses engaged in rental operations, typically involved in multiple and repeated leasing transactions. These landlords are subject to the “Mandatory and Prohibited Clauses in Standard Residential Lease Contracts,” which is a government-regulated contract format. The clauses clearly define the rights and obligations of both parties. If any clause violates these rules, that part of the contract will be deemed invalid.
2. Individual Landlords
Individual landlords are those who lease out properties on a non-commercial basis. Their lease agreements are subject to the “Residential Lease Agreement Prohibited Clauses.” This government regulation aims to protect tenants from unreasonable terms. Even though individual landlords are not commercial operators, they must still comply with these restrictions to ensure the contract is fair and lawful.
3. Subleasing Operators
Subleasing operators act as intermediaries, typically signing long-term leases with property owners and then subleasing to tenants. These operators and their tenants are subject to the “Mandatory and Prohibited Clauses in Standard Residential Sublease Contracts.” Like corporate landlords, subleasing operators must follow government regulations, and any violation of mandatory or prohibited clauses will result in those parts of the contract being void.
4. Property Management Operators
Property management operators are authorized by landlords to manage rental properties, including collecting rent and maintaining the property. The lease agreement used in such cases is still between the landlord and tenant, not a separate management contract. Therefore, property managers must comply with the agreed terms and handle leasing matters according to relevant regulations.
Legal Validity of Standard Contracts
According to the law, any clause in a standardized lease contract that violates mandatory or prohibited provisions is deemed invalid. Even if a landlord omits a mandatory clause, it is still automatically considered part of the contract. This ensures that tenants maintain their legal rights, such as the right to claim rental expenses or register their household at the leased property. These rights cannot be restricted by the contract.
It's important to note that if some clauses are found to be invalid due to legal violations, only those specific parts are void — the rest of the contract remains effective. Therefore, both landlords and tenants should carefully review the contract to ensure legal compliance.
Lease Agreement Template Provided by the Ministry of the Interior
In 2020, the Ministry of the Interior introduced a general “Residential Lease Agreement Template,” which can be used by both corporate and individual landlords. Printed versions of this template are commonly available at bookstores and convenience stores. These standardized contracts help reduce potential disputes by clearly outlining rental terms.
Where to Find Government Residential Lease Templates
All relevant lease templates can be found on the Ministry of the Interior’s Real Estate Information Platform under the “Lease Agreement Templates” section. These templates provide detailed clauses to help landlords and tenants understand and comply with legal requirements.
Ministry of the Interior Real Estate Information Platform:
https://pip.moi.gov.tw/Publicize/Info/G1020
