One of the most common rental disputes is whether a landlord can enter a tenant’s home to inspect or collect evidence of potential lease violations.
Many landlords believe that because they own the property, they have the right to enter when they suspect tenants are breaking the rules — for example, damaging furniture, keeping pets, smoking indoors, or even using drugs.
In reality, such actions are strictly prohibited by law in Taiwan.
What Does the Law Say?
Criminal Code Article 306: Unlawful Entry into Residence
“A person who, without reason, enters another’s residence, building, enclosed land, or ship shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than NT$9,000. The same shall apply to one who hides therein or refuses to leave upon request.”
✨ Plain Explanation: Once a property is rented out, the tenant gains lawful possession and residential use rights. If the landlord enters without proper cause, it constitutes the crime of unlawful entry.
⚖️ Legal Source: Criminal Code Article 306 – Law.moj.gov.tw
Criminal Code Article 307: Illegal Search
“Anyone who searches another person’s body, residence, building, boat, vehicle, or aircraft without legal authority shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than NT$9,000.”
✨ Plain Explanation: If a landlord not only enters but also searches or collects evidence without a warrant, that action may constitute an illegal search, which is a more serious offense.
⚖️ Legal Source: Criminal Code Article 307 – Law.moj.gov.tw
Civil Code Article 71: Invalidity of Acts in Violation of Prohibitive Provisions
“A juridical act which violates a mandatory or prohibitive provision of law is void.”
✨ Plain Explanation: Even if the lease states “the landlord may enter anytime,” such a clause violates the Criminal Code and is legally void. The tenant may refuse entry.
⚖️ Legal Source: Civil Code Article 71 – Law.moj.gov.tw
Regulations on Mandatory and Prohibited Clauses in Residential Lease Standard Contracts
"Leases shall not include any clause that violates mandatory or prohibitive legal provisions."
✨ Plain Explanation: The law explicitly prohibits lease terms that violate mandatory or prohibitive rules. Clauses like “the landlord may enter anytime” are invalid and may also breach the Consumer Protection Act, entitling tenants to claim damages.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Why Landlords Often Misunderstand
Many landlords — especially older generations — are influenced by habits from school or military culture, where surprise inspections were normal. They assume they have the same authority over their rental property.
However, under modern rule of law, privacy is a constitutional right.
If a landlord enters without consent, it is not merely a civil issue — it’s a criminal offense, and it’s a public prosecution case (not dependent on whether the tenant files a complaint).
🐸 Related Read: Can Landlords Enter Rental Units Without Permission in Taiwan?
🧪 Related Read: What Are Mandatory and Prohibited Clauses in Taiwan?
Risks for Landlords Who Enter Without Consent
- Invalid Evidence: Illegally obtained evidence cannot be used in court.
- Counter-Accusation Risk: Tenants may claim the landlord planted or fabricated evidence.
- Criminal Liability: The landlord could face criminal charges and penalties.
What Should Landlords Do Instead?
- Follow Proper Legal Procedures: If you suspect illegal activity or a breach of contract, report it to the police or pursue legal channels.
- Specify Clear Rules in the Contract: Include explicit clauses on pet bans, smoking restrictions, or damage responsibilities — and handle violations through legal termination or compensation, not intrusion.
- Respect Consent: Inspections should always be arranged with prior notice and tenant agreement.
Conclusion
A landlord entering a tenant’s home — even for inspection or evidence — violates Criminal Code Articles 306 and 307.
Any lease clause allowing such entry is invalid under Civil Code Article 71 and the Standard Residential Lease Regulations.
Privacy is constitutionally protected and cannot be waived by contract.
If there’s suspicion of wrongdoing, landlords should follow legal procedures rather than trespass.
Only through mutual respect can landlord-tenant relationships remain lawful and stable.
