If a tenant stops paying rent and refuses to move out, can the landlord call the police and ask them to remove the tenant?
On the other hand, if a landlord suddenly changes the locks or shuts off the water or electricity, can the tenant call the police?
When a rental dispute breaks out, calling the police may seem like the obvious solution. But whether the police can actually intervene depends less on which side appears to be right and more on whether the dispute is a civil matter or has potentially become a criminal matter.
Simply put, unpaid rent, security deposits, repairs, and move-out inspections are generally civil matters. But if violence, threats, coercion, unlawful entry, or other suspected criminal conduct is involved, the police may intervene.
What Does the Law Say?
Civil Code Article 440:
“Where the lessee delays paying the rental, the lessor may fix a reasonable period and notify the lessee to pay the rental. If the lessee fails to pay the rental within such period, the lessor may terminate the lease.”
✨ Plain Explanation: When a tenant fails to pay rent, the law allows the landlord to demand payment and, when the legal requirements are met, terminate the lease.
However, this is a civil legal matter. Even if the tenant really does owe rent, calling the police generally does not allow the landlord to have the tenant immediately removed from the property.
⚖️ Legal Source: Civil Code Article 440 – Law.moj.gov.tw
Criminal Code Article 304:
“A person who by violence or threats causes another to do a thing which he has no obligation to do or who prevents another from exercising a right shall be sentenced to imprisonment for not more than three years, short-term imprisonment, or a fine of not more than nine thousand dollars. An attempt to commit an offense specified in the preceding paragraph is punishable.”
✨ Plain Explanation: Even when a landlord has a legitimate rental dispute, violence or threats cannot be used to force a tenant to move out or prevent the tenant from exercising legal rights.
For example, if coercive measures are used to force a tenant to leave, the situation may no longer be just a rental dispute and could potentially involve criminal liability.
⚖️ Legal Source: Criminal Code Article 304 – Law.moj.gov.tw
Criminal Code Article 306:
“A person who without reason enters the dwelling house or structure of another, or a land or vessel adjacent or surrounded thereto, shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than nine thousand dollars. A person who without reason conceals himself therein, or remains therein after having been ordered to leave, shall be subject to the same punishment.”
✨ Plain Explanation: The property may belong to the landlord, but once it has been rented out, the tenant has the legal right to occupy and use the rented space during the tenancy.
That means “I own the property” does not automatically give a landlord the right to enter whenever they want. Entering a tenant’s home without a legitimate reason may potentially raise criminal issues involving unlawful entry into a dwelling.
⚖️ Legal Source: Criminal Code Article 306 – Law.moj.gov.tw
Can a Landlord Call the Police to Remove a Tenant Who Has Not Paid Rent?
Usually, no.
Suppose a tenant has failed to pay rent for several months, and repeated attempts to collect the unpaid rent have gone nowhere. Even if the landlord calls 110 and the police arrive at the property, the police generally will not simply look at the lease and unpaid rent records and order the tenant to pack up and leave.
The reason is simple: the police are not a civil court or a civil enforcement agency.
Questions such as how much rent is actually owed, whether the lease has been legally terminated, and whether the tenant still has a lawful right to occupy the property can all require determinations under civil law.
The police may help maintain order at the scene or encourage the parties to resolve the dispute peacefully, but they generally cannot determine the validity of the lease on behalf of a court or forcibly require the tenant to return possession of the property to the landlord.
If the unpaid rent satisfies the legal requirements for terminating the lease, the landlord should still follow the proper legal process:
Demand for payment → Termination of the lease → Demand for return of the property
When necessary, the landlord may then need to obtain an enforceable legal title through the court and apply for compulsory enforcement.
What About Security Deposit or Property Damage Disputes?
Disputes involving security deposits, unpaid rent, or compensation for property damage are also generally civil matters.
Common examples include:
- The landlord believes that walls, furniture, or other property were damaged and deducts the cost from the security deposit.
- The tenant argues that the condition is merely normal wear and tear and demands the full return of the deposit.
- The parties disagree over responsibility for utilities, management fees, or repair expenses.
- The landlord and tenant disagree over who is responsible for damaged appliances or fixtures during the move-out inspection.
Even if the police are called, they generally cannot decide how much of the security deposit should be returned or who should pay for a damaged refrigerator.
If the parties cannot reach an agreement, mediation or civil litigation will usually be the appropriate way to resolve the dispute.
When Might the Police Intervene?
The key question is usually whether the situation has crossed into suspected criminal conduct or a public-safety issue.
For example, if an argument escalates into physical violence, bodily injury, threats, property damage, persistent harassment, or the use of violence to force someone to do something, the matter may no longer be merely a civil rental dispute.
Likewise, if a rental property is being used for illegal activities involving drugs, gambling, or other criminal conduct, the police are not prevented from acting simply because the incident happens to involve a landlord and tenant.
So the common statement that “the police do not deal with rental disputes” is only partly correct.
A more accurate way to put it is:
The police generally do not resolve civil disputes between landlords and tenants. However, if the incident involves suspected criminal conduct, the police may act in accordance with the law.
Can a Landlord Change the Locks or Shut Off Water or Electricity?
This is one of the easiest ways for an ordinary rental dispute to become a much bigger legal problem.
A tenant may already owe several months of rent, leading the landlord to think: “The property belongs to me, the rent has not been paid, so changing the locks should be reasonable.”
But ownership of the property and the right to forcibly remove a tenant are two different things.
If the tenant is still occupying and living in the property, changing the locks in order to prevent the tenant from entering and pressure the tenant to leave may, depending on the circumstances, raise issues under Article 304 of the Criminal Code concerning coercion.
Shutting off water or electricity in an attempt to force the tenant to move out can create similar legal risks.
The situation can quickly turn around: the landlord originally wanted to call the police because of unpaid rent, but the tenant ends up calling the police because the landlord changed the locks or shut off the utilities. 😵💫
Even when rent is genuinely unpaid, a landlord cannot simply skip the legal process and carry out an eviction personally.
Can a Landlord Enter Their Own Rental Property?
This is another common misunderstanding.
The landlord owns the property, but during the tenancy, the tenant has the legal right to use and occupy the rented premises. Ownership alone does not mean the landlord can enter whenever they want.
For example, if a tenant has not responded to messages for several days, the landlord generally should not simply use a spare key to enter the property, inspect the rooms, or search through the tenant’s belongings. Depending on the circumstances, such conduct may raise issues under Article 306 of the Criminal Code concerning unlawful entry into another person’s dwelling or create other legal risks.
Emergency situations are different. A serious water leak, fire, gas leak, or similar emergency may require immediate action depending on the circumstances.
But an ordinary dispute over rent or the lease does not automatically give a landlord the right to enter a tenant’s home without permission.
If Calling the Police Does Not Solve the Dispute, What Should the Parties Do?
If the dispute concerns only rent, a security deposit, repairs, damages, or the return of the property, the parties should first preserve relevant evidence, such as the lease agreement, bank transfer records, LINE messages, photographs, move-in or move-out inspection records, and certified letters.
If there is still room for negotiation, the dispute may first be brought to a local mediation committee or another applicable rental housing dispute resolution mechanism.
For clearly defined monetary claims, such as unpaid rent, a landlord may consider applying for a payment order or filing a civil lawsuit depending on the circumstances. If the lease has been legally terminated but the tenant still refuses to leave, an action for recovery of possession and subsequent compulsory enforcement proceedings may be necessary to recover the property.
If the situation involves violence, bodily injury, threats, property damage, coercion, or other suspected criminal conduct, it is no longer merely a civil rental dispute, and the police should be contacted immediately.
🍹 Related Reading: Can Landlords Enter Rental Units Without Permission in Taiwan?
🍍 Related Reading: Can a Landlord Enter a Tenant’s Room for Inspection or Evidence Collection in Taiwan? Can the Lease Allow It?
🥥 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: What Is a Certified Mail Notice? When Should Landlords and Tenants Send One in Taiwan?
Conclusion
Landlords and tenants can certainly call the police when a dispute occurs, but calling the police does not mean that every rental problem can be resolved by law enforcement.
Unpaid rent, security deposit disputes, property damage claims, lease termination, and move-out inspections are generally civil matters. The police may help maintain order, but they cannot replace the courts in deciding who owes money or simply remove a tenant on the landlord’s behalf.
The important thing is not to turn an ordinary civil dispute into a potential criminal case by changing the locks, shutting off utilities, unlawfully entering the rental property, or becoming physically confrontational. Civil rental disputes should be resolved through lawful civil procedures. Once conduct crosses into criminal territory, the situation can become much more complicated.
