In rental practice, it is common for landlords to demand that tenants return the lease agreement after signing, upon lease expiration, or when terminating the lease early during the handover process.
Many tenants assume this is a normal procedure. Some believe that once the lease has been signed—or once the tenancy has ended—keeping a copy of the contract serves no practical purpose. To avoid conflict with the landlord, they often comply with the request.
However, the truth is that at any stage—after signing, during the lease term, upon expiration, or after early termination—requiring a tenant to return the lease agreement has long been explicitly prohibited by law.
What Does the Law Say?
Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract:
“This contract shall take effect from the date of signing. The landlord and the tenant shall each retain one original copy of the contract.”
✨ Plain explanation: A residential lease becomes legally effective the moment both parties sign it. The law clearly requires that both the landlord and the tenant each retain an original copy. This is not optional, nor is it a matter of custom. It is a mandatory rule designed to ensure that both parties fully understand their rights and obligations and have basic written evidence if a dispute arises.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract:
“Provisions requiring the tenant to return the lease agreement shall not be included.”
✨ Plain explanation: Regardless of whether it is after signing, during the lease term, upon expiration, or during early termination and handover, a landlord may not require the tenant to return the lease agreement. Any clause stating that the tenant must hand back the contract is explicitly prohibited by law and is therefore legally void. The tenant has no obligation to comply.
The core purpose of this rule is to ensure that tenants retain essential legal evidence even after the lease ends, so they are not left without proof in disputes involving deposit refunds, repair responsibilities, or other claims.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Why Does the Law Require This?
The answer is simple:
👉 Because the lease agreement is evidence—and often the most important evidence.
1️⃣ During the lease term, written proof is essential
Rent amounts, security deposits, repair responsibilities, and conditions for early termination must all be determined based on the lease agreement.
2️⃣ Even after the lease ends, the contract remains relevant
After move-out, disputes may still arise regarding:
- Whether the security deposit should be refunded
- Whether improper deductions were made
- Whether rent or repair disputes exist
- Tax filings, subsidy applications, or proof of residence
👉 If a tenant does not retain the lease, they effectively lose their legal footing when a dispute arises.
Signing Only One Copy—and Having It Taken Away—is Even Riskier
In practice, some landlords prepare only a single lease agreement, which is taken back by the landlord after the tenant signs, leaving the tenant with no copy.
This practice carries significant risk:
❗ The tenant may not fully know the final contract terms
❗ In disputes, the tenant may lack basic written evidence
❗ There is even a risk of post-signing alteration or unilateral reinterpretation
Because such disputes are common in practice, the law explicitly requires that both parties retain an original copy and prohibits clauses requiring tenants to return the contract. This is not a mere formality—it is a safeguard for fundamental rights and evidentiary protection.
Must a Tenant Comply If a Landlord Demands the Lease Back?
❎ No.
Whether the demand is based on a contract clause or merely a verbal request, if the landlord asks the tenant to return the lease agreement, the tenant has no legal obligation to comply.
Even if such a clause appears in the contract, it violates the Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract and is therefore void and unenforceable.
🤡 Related Read: What Are Mandatory and Prohibited Clauses in Taiwan?
🪓 Related Read: If a Tenant Refuses to Pay Rent or Move Out, Can the Landlord Cut Off Water, Power, or Change the Locks in Taiwan?
Conclusion
By law, residential lease agreements must be executed in duplicate, with the landlord and tenant each retaining an original copy. Even after the lease ends, tenants have the right to keep their contracts as evidence for potential disputes. Landlords may not require tenants to return the lease, and any such provision is legally void. A lease agreement is not the landlord’s personal document—it is a legal instrument defining the rights and obligations of both parties.
