A tenant has fallen behind on rent, and multiple LINE messages have been sent with no response.
A lease needs to be terminated early, but is sending a message enough to make it legally effective?
Some landlords also worry that the other party might later claim, "I never saw the message," or "That account wasn't being used by me."
With the widespread use of messaging apps and electronic communications, LINE, email, and SMS have become part of everyday life. However, in rental disputes, the real question is often not whether a message can be sent, but whether it has legal effect once it is sent.
Fortunately, Taiwan's laws already provide clear rules on this issue. The key differences between notification methods usually involve evidence preservation and the ease of proving delivery later.
Let's start with what the law says.
What Does the Law Say?
Civil Code Article 95, Paragraph 1:
“A declaration of intention made to a person not in direct conversation shall become effective at the time when the notification thereof reaches such person; provided that this shall not apply where notice of withdrawal reaches such person simultaneously with or prior to the original declaration.”
✨ Plain Explanation: LINE messages, emails, SMS messages, and letters are all considered declarations of intention made outside of direct conversation.
The important issue is not whether the notice was sent, but whether it reached the other party in a manner that allowed them to receive and read it.
In other words, clicking "send" does not automatically make a notice legally effective. There must be evidence showing that the other party received it.
⚖️ Legal Source: Civil Code Article 95 – Law.moj.gov.tw
Civil Code Article 97:
“Where the declarant, without negligence on his or her part, does not know the name or residence of the other party, notification of the declaration of intention may be effected by public service in accordance with the provisions governing public service under the Code of Civil Procedure.”
✨ Plain Explanation: If the other party cannot be located and their address is genuinely unknown through no fault of the sender, the law still provides a solution.
Under appropriate circumstances, a court may allow notification through public service. This prevents a person from avoiding legal notices simply by disappearing or refusing contact.
⚖️ Legal Source: Civil Code Article 97 – Law.moj.gov.tw
Are LINE, Email, and SMS Legally Effective?
Yes.
Taiwanese courts generally accept LINE messages, emails, and SMS messages as admissible evidence.
As a result, rental-related notices such as rent demands, lease termination notices, and move-out notices do not necessarily need to be delivered through traditional paper documents in order to be legally valid.
However, legal validity and ease of proof are two different things.
For example, a LINE message may be legally effective, but if the recipient later claims that someone else used the account or denies reading the message, proving delivery may become more difficult.
By comparison, a certified mail notice typically provides stronger evidence because postal records can demonstrate when the notice was delivered.
How Should a Demand Notice Be Sent?
Demand notices most commonly arise when a tenant has unpaid rent.
Many landlords send messages such as:
- "Please remember to pay the rent."
- "Why hasn't the payment been made yet?"
In many cases, these statements are merely reminders and may not qualify as a formal legal demand.
A proper demand notice should clearly require performance within a specified period.
For example:
"Please pay the outstanding rent of NT$20,000 within seven days of receiving this notice. Failure to do so may result in lease termination and further legal action."
Language like this is much more likely to satisfy the legal requirements of a demand notice.
If the unpaid rent situation has become serious, it is often advisable to move beyond LINE messages and send a certified mail notice to preserve stronger evidence.
Does Lease Termination Require the Other Party's Consent?
Not necessarily.
Many people assume that a lease cannot be terminated unless both parties agree.
In reality, when permitted by the lease agreement or applicable law, lease termination is often a unilateral legal act.
This means that once a valid notice reaches the other party, the legal effect may occur without requiring their approval.
Examples include:
- A tenant lawfully terminating a lease early.
- A landlord terminating a lease due to substantial rent arrears.
In these situations, the critical issue is whether the notice was properly delivered, not whether the recipient agrees with it.
For that reason, important lease termination notices should generally not rely solely on verbal communication.
How Should a Move-Out Notice Be Sent?
When a tenant has seriously breached the lease, failed to pay rent, or the lease has otherwise been lawfully terminated, a landlord may require the tenant to vacate the property.
One common mistake is sending a brief message such as:
"Please move out by the end of the month."
This may not adequately establish the basis for the request or provide sufficient evidence if litigation later becomes necessary.
A more complete move-out notice should include:
- The reason for terminating the lease
- The legal or contractual basis
- The deadline for vacating
- The legal action that may follow if the tenant fails to leave
If a lawsuit for return of the property becomes necessary, these details can become important evidence.
For that reason, attorneys frequently recommend sending formal move-out notices through certified mail.
How Should Evidence Be Preserved When Using LINE or Email?
The biggest risk with digital communications is usually not legal validity, but disappearing evidence.
To reduce future disputes, consider the following:
- Preserve complete conversation records rather than isolated screenshots.
- Ensure screenshots include dates, times, and participant information.
- Obtain read receipts or written responses whenever possible.
- Export and back up important conversations.
- Avoid relying solely on voice calls for important notices.
Responses such as:
- "Understood."
- "Received."
- "I will move out by the end of the month."
often provide stronger evidence than a simple read receipt because they demonstrate actual awareness of the notice.
🎸 Related Read: Are Digital and Electronic Signatures Legally Valid in Taiwan?
🎹 Related Read: Why Should Landlords and Tenants Notarize a Lease in Taiwan?
🎻 Related Read: How to Get a Lease Notarized in Taiwan: What Landlords and Tenants Should Know
🥁 Related Read: What Is a Certified Mail Notice? When Should Landlords and Tenants Send One in Taiwan?
Conclusion
LINE, email, and SMS messages can all have legal effect and may be used to send demand notices, lease termination notices, and move-out notices. The key issue is not which communication method is used, but whether there is sufficient evidence that the notice reached the intended recipient.
For routine communication and reminders, LINE and email are often adequate. However, when significant rights and obligations are involved—such as unpaid rent, lease termination, or demands to vacate—a certified mail notice remains the safest option.
In rental disputes, courts are generally less concerned with whether a message was sent and more concerned with whether delivery can be proven. Proper evidence preservation today can prevent substantial problems later.
