The rent has gone unpaid for several months. Messages go unanswered, phone calls are ignored, and eventually the tenant seems to have disappeared altogether.
Besides worrying about whether the unpaid rent can ever be recovered, landlords often face another question: If the tenant cannot even be found, can the landlord still pursue the unpaid rent through the court?
Yes. As long as the amount of unpaid rent can be clearly determined, a landlord may generally apply to the court for a payment order. However, when a tenant has disappeared, problems may arise because the payment order must still be legally served after it is issued by the court.
Before deciding whether to apply, it is important to understand what the law says.
What Does the Law Say?
Civil Code Article 440:
“1. Where the lessee delays payment of rent, the lessor may set an appropriate period and demand the lessee to make payment of the rent; if the lessee fails to make payment within such period, the lessor may terminate the contract.
2. Where the leased property is a house, the total amount of overdue rent must reach the equivalent of two months’ rent before termination may be made pursuant to the preceding paragraph. Where rent is agreed to be paid at the beginning of each term, termination may only be made after the delay exceeds two months.”
✨ Plain explanation: If a tenant does not pay rent on time, the landlord can first give the tenant a reasonable deadline to pay. If the tenant still fails to pay after that deadline, the landlord may terminate the lease once the legal requirements are met.
For residential leases, however, a landlord cannot immediately terminate the lease simply because a small amount of rent is overdue. The unpaid rent must first reach the threshold required by law.
⚖️ Legal Source: Civil Code Article 440 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 10:
“1. Where any of the following circumstances occurs during the rental period, the lessor may terminate the rental agreement prior to its expiration, and the lessee may not claim any compensation:
(1) The lessee damages the rental housing or its ancillary equipment and fails to make repairs or provide appropriate compensation.
(2) The lessee delays payment of rent or expenses in an amount equivalent to two months’ rent and, after being given a reasonable period for payment, still refuses to pay.
(3) The lessee subleases the rental housing to another person without the written consent of the lessor.
(4) The lessor needs to recover the rental housing for reconstruction.
(5) Other circumstances under which the rental agreement may be terminated prior to its expiration pursuant to law.
- Where the lessor terminates the rental agreement prior to its expiration pursuant to the preceding paragraph, the lessor shall provide relevant supporting evidence and notify the lessee in writing within the following periods:
(1) For termination pursuant to Subparagraphs 1 to 3 and 5 of the preceding paragraph, thirty days prior to termination.
(2) For termination pursuant to Subparagraph 4 of the preceding paragraph, three months prior to termination.”
✨ Plain explanation: In a residential lease, if the tenant owes rent or other expenses equivalent to two months’ rent and still does not pay after receiving a proper demand for payment, the landlord may terminate the lease early in accordance with the law.
This also means that recovering unpaid rent and terminating the lease and recovering possession of the property are separate legal issues. A tenant disappearing does not automatically mean that the lease has ended.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 10 – Law.moj.gov.tw
Code of Civil Procedure, Article 508:
“1. Where a creditor’s claim is for the payment of a specified amount of money, other fungible goods, or negotiable instruments, the creditor may apply to the court for the issuance of a payment order in accordance with the procedure for payment order.
2. An application for and the processing of a payment order may, depending on the development of computers or other technological equipment, be conducted through the use of such equipment. The regulations governing such matters shall be prescribed by the Judicial Yuan.”
✨ Plain explanation: If the tenant owes a clearly identifiable amount of money—for example, NT$60,000 in unpaid rent—the landlord generally does not have to start with a full civil lawsuit. A payment order may be used first to pursue the debt.
The payment order procedure is primarily handled through written submissions, so the court generally does not begin by holding the same type of hearing and examining evidence as it would in an ordinary civil lawsuit. This makes the process relatively straightforward.
⚖️ Legal Source: Code of Civil Procedure Article 508 – Law.moj.gov.tw
Code of Civil Procedure, Article 516:
“1. The debtor may, within the peremptory period of twenty days after service of the payment order, file an objection to all or part of the payment order with the court that issued the order, without stating any grounds.
2. The debtor may withdraw the objection before a settlement is reached in mediation or before the conclusion of the oral argument in the first instance. However, the debtor shall bear the costs of the mediation proceedings or litigation.”
✨ Plain explanation: A payment order does not mean that the court has already decided that the landlord automatically wins.
Once the tenant receives the payment order, the tenant has 20 days to file an objection without giving any reason. If a valid objection is filed, the dispute may proceed to mediation or civil litigation.
⚖️ Legal Source: Code of Civil Procedure Article 516 – Law.moj.gov.tw
Code of Civil Procedure, Article 521:
“1. Where the debtor has failed to lawfully file an objection to the payment order within the statutory period, the payment order may constitute an enforceable title.
2. In the circumstances referred to in the preceding paragraph, the court that rendered the ruling shall issue a certificate of finality of the ruling.
3. Where the debtor brings an action for a declaratory judgment asserting that the claim stated in the payment order does not exist, the court may, upon the debtor’s application, permit the debtor to provide adequate and reliable security and stay compulsory enforcement.”
✨ Plain explanation: If the payment order has been legally served and the tenant does not file an objection within 20 days, the payment order can become the basis for compulsory execution.
The landlord may then apply to the court for enforcement against the tenant’s assets, such as bank deposits, wages, or other property.
⚖️ Legal Source: Code of Civil Procedure Article 521 – Law.moj.gov.tw
Can a Landlord Still Apply for a Payment Order If the Tenant Has Disappeared?
Yes.
A tenant does not erase the unpaid rent simply by refusing to answer calls or messages, or even by moving away from the rental property.
As long as the landlord can explain the basis and amount of the unpaid rent, a payment order may still be considered. Useful documents may include:
- A copy of the lease agreement
- The monthly rent amount and period of unpaid rent
- Rent payment records
- LINE messages, text messages, or other payment-demand records
- Certified letters and related proof of delivery
After accepting the application, the court may require the landlord to provide the tenant’s latest household registration information. In practice, the landlord may use the court’s notice to apply for the necessary household registration records from the household registration office and then submit them to the court.
Therefore, a tenant being unreachable does not by itself prevent a landlord from applying for a payment order.
The real difficulty often comes next: How can the court legally serve the payment order on the tenant?
The Key Issue: The Payment Order Must Be Legally Served
This is particularly important when dealing with a tenant who has disappeared.
After issuing the payment order, the court must serve it in accordance with the service requirements under the Code of Civil Procedure. Even if the tenant has stopped responding to the landlord, the proceeding may still continue if legal service can be completed at the tenant’s household registration address, residence, or another location where service is legally permitted.
Under certain circumstances, substituted service or deposit service may also constitute valid service. The fact that the tenant did not personally sign for the documents does not necessarily mean that service has failed.
Problems arise, however, when no location can be found where legal service can be completed.
A payment order cannot be served through service by publication. In addition, under the Code of Civil Procedure, if the payment order cannot be served on the debtor within three months after it is issued, the payment order loses its effect.
Therefore, the fact that a tenant has disappeared does not prevent an application from being filed, but it does significantly increase the risk that legal service cannot be completed.
What Is the Payment Order Process?
The process can be summarized as follows:
Prepare evidence of unpaid rent → Apply to the court for a payment order → Court review → Serve the payment order on the tenant → Wait for the 20-day objection period → Obtain the certificate of finality → Apply for compulsory execution
For example, suppose a tenant owes three months of rent totaling NT$60,000. The landlord submits the lease agreement, payment records, and evidence of demands for payment together with the payment order application.
If the court issues the payment order, service is successfully completed, and the tenant does not file an objection within 20 days, the landlord may then obtain the basis needed to proceed with compulsory execution.
On the other hand, if the tenant receives the payment order and immediately files an objection, the landlord cannot expect the payment order alone to recover the unpaid rent. The dispute may instead proceed to mediation or civil litigation.
How Much Does It Cost to Apply for a Payment Order?
One of the main advantages of a payment order is its relatively low upfront cost.
Under the current procedure, the court fee for applying for a payment order is NT$500 per application. If household registration records are also required, a small administrative fee may apply.
For unpaid-rent cases where the amount owed is clear and the supporting evidence is complete, a payment order can therefore be a relatively inexpensive method of pursuing the debt.
A lawyer is not necessarily required. However, professional assistance may be worth considering when the amount involved is substantial, the debt calculation is complicated, or the dispute also involves lease termination, liquidated damages, or other claims for damages.
A Payment Order Can Recover Money, but It Cannot Directly Recover the Property
This distinction is extremely important.
A payment order is primarily used for monetary and other legally qualifying payment claims.
For example, a tenant may owe:
- Rent
- Utilities the tenant agreed to pay
- Management fees
- Other monetary obligations permitted by law and the lease agreement
These types of claims may potentially be included in a payment order.
However, if the tenant has disappeared but has not formally returned possession of the property, and furniture, clothing, or other belongings remain inside, a payment order cannot by itself resolve the issue of returning possession of the property.
The landlord also should not simply change the locks, remove the tenant’s belongings, and rent the property to someone else merely because the tenant owes rent and cannot be contacted.
Unpaid Rent, Lease Termination, and Recovery of the Property Are Three Separate Issues
A common misunderstanding in practice is to treat all three as the same issue.
When a tenant owes rent, the landlord has a rental claim against the tenant and may pursue payment according to law.
Once the statutory requirements have been met and the required demand procedures have been completed, the landlord may then be able to terminate the lease.
After the lease has been legally terminated, if the tenant still fails to return the property, the matter becomes a separate issue involving recovery of possession of the property.
A payment order therefore mainly addresses the first issue: recovering the money that is owed.
If the landlord also needs the tenant to vacate and return possession of the property, it may be necessary to separately file a civil action for recovery of possession of the leased property, obtain an enforceable title, and then apply for compulsory execution in accordance with law.
Can a Landlord Enter the Property If the Tenant Has Disappeared?
A tenant being unreachable should not automatically be treated as meaning that the tenant has abandoned the property.
This is particularly important when the tenant’s belongings are still inside or when there is uncertainty about whether the lease has been legally terminated. Changing the locks, removing belongings, or entering the residence without proper legal grounds may create additional legal disputes.
If the tenant has been completely unreachable for an extended period and there is a genuine concern that an accident or immediate safety issue may have occurred inside the property, the landlord may consider contacting the police, neighborhood chief, or building management committee for assistance in confirming the situation and preserving relevant records.
However, this is different from saying that the landlord has automatically acquired the right to freely enter the property or dispose of the tenant’s belongings.
Is Applying for a Payment Order Worth It?
If the tenant owes rent but still has a clear household registration address, workplace, or another address where legal service can be completed, and the rental debt itself is clearly established, a payment order is often worth considering first.
For a relatively low procedural fee, the landlord may be able to obtain a legal basis for compulsory execution at a lower cost than immediately filing an ordinary civil lawsuit.
However, if the tenant has completely disappeared and even the court cannot locate an address where legal service can be completed, the usefulness of a payment order becomes much more limited. Even if an enforceable title is eventually obtained, the landlord may still be unable to recover the money immediately if the tenant has no identifiable bank deposits, wages, or other assets.
🎡 Related Reading: If a Tenant Refuses to Pay Rent or Move Out, Can the Landlord Cut Off Water, Power, or Change the Locks in Taiwan?
🎪 Related Reading: Tenant Not Paying Rent in Taiwan?
🎠 Related Reading: What to Do if a Tenant Becomes Uncontactable or Goes Missing in Taiwan?
🎢 Related Reading: What Is a Payment Order in Taiwan?
Conclusion
If a tenant owes rent and disappears, the landlord may still apply for a payment order. The tenant’s disappearance does not erase the unpaid rent or take away the landlord’s right to pursue the debt. The key issue is whether the payment order can be legally served. If service cannot be completed within the required period, the payment order may lose its effect.
It is also important to separate recovering unpaid rent from recovering possession of the property. A payment order is mainly a tool for collecting money. It cannot directly force a tenant to move out, nor can it replace the legal procedures required to terminate a lease and recover possession of the property.
When dealing with a tenant who owes rent and has disappeared, rather than immediately changing the locks or clearing out the property, the landlord should first confirm the amount of unpaid rent, whether the required demand procedures have been completed, whether the lease has been legally terminated, and whether the payment order can be effectively served. Confirming that these steps have been properly completed can help the landlord pursue unpaid rent while reducing the risk of creating additional legal disputes.
