Everything seems fine with a rental property until the landlord discovers that the tenant has been smoking indoors, burning incense, or even setting up a household altar, leaving the entire property filled with smoke and lingering odors.
Naturally, the landlord may start worrying: What if the walls become stained? Could burning incense create a fire hazard? Can these activities be prohibited under the lease?
Meanwhile, the tenant might wonder, "The rent is always paid on time. Does that mean smoking or practicing religious worship is still not allowed?"
The answer is that landlords can establish reasonable restrictions on how a rental property is used through a lease agreement. However, not every restriction is automatically enforceable, and a single violation does not necessarily justify immediate eviction. What matters is how the lease is written and whether the tenant continues violating its terms.
What Does the Law Say?
Civil Code Article 438:
“1. A lessee shall use and derive benefits from the leased property in accordance with the agreed manner of use; where no such manner has been agreed upon, such use and enjoyment shall be conducted in a manner consistent with the nature of the leased property.
2. Where a lessee uses or derives benefits from the leased property in violation of the preceding paragraph and continues such use despite the lessor's objection, the lessor may terminate the contract.”
✨ Plain Explanation: Renting a property does not mean tenants can use it without restrictions. Landlords and tenants can agree on specific rules in advance, such as prohibiting indoor smoking, incense burning, or burning joss paper.
As long as these restrictions are lawful and enforceable, tenants are generally required to follow them.
If a tenant violates the agreement, the landlord can first ask them to stop. If the tenant continues despite being told to stop, the landlord may have legal grounds to terminate the lease. However, discovering a violation does not automatically mean the tenant can be forced to move out immediately.
⚖️ Legal Source: Civil Code Article 438 – Law.moj.gov.tw
Condominium Management Act, Article 16, Paragraph 1:
“Residents shall not arbitrarily dispose of garbage, discharge pollutants or foul-smelling substances, produce noise or vibrations, or engage in other similar conduct.”
✨ Plain Explanation: Even if the lease does not specifically prohibit smoking or burning incense, tenants still need to consider how their activities affect their neighbors.
If cigarette smoke, incense smoke, or other odors repeatedly disturb nearby residents, the situation may fall under condominium management regulations, depending on the circumstances.
⚖️ Legal Source: Condominium Management Act Article 16 – Law.moj.gov.tw
Can Landlords Include a No-Smoking Clause in the Lease?
Yes. In principle, landlords and tenants can agree on restrictions governing how a rental property may be used.
For example, if a lease clearly states that "smoking is strictly prohibited indoors" and the tenant signs the agreement, that restriction is generally legally binding.
After all, smoking can cause more than just unpleasant odors. It may also result in:
- Yellow stains on walls and ceilings
- Lingering cigarette odors in curtains, furniture, and air conditioners
- Secondhand smoke affecting neighboring residents
- Additional cleaning and repair expenses
However, if the lease contains no smoking restrictions, a landlord generally cannot claim that the tenant has breached the agreement simply because the landlord dislikes cigarette smoke.
The circumstances must still be considered, including how the property was used, whether any damage occurred, and whether other legal or contractual obligations were violated.
Can Landlords Also Prohibit Burning Incense, Religious Worship, or Household Altars?
These activities should be considered separately.
Burning incense or joss paper involves open flames, smoke, or potential fire hazards. Landlords may therefore impose reasonable restrictions on these activities through the lease agreement.
For example, a lease may prohibit lighting incense indoors, burning joss paper, or installing a household altar that requires permanent fixtures or modifications to the property.
Such restrictions generally have clearer justifications related to property maintenance and safety.
However, the situation is different when a tenant simply displays religious statues or offerings without burning incense, damaging the property, or disturbing other residents.
Religious beliefs and worship activities that do not create risks to the property should not automatically be treated the same as incense burning or activities involving open flames.
For this reason, landlords should clearly identify the specific activities being restricted rather than broadly stating that "religious worship is prohibited." Otherwise, disputes may arise over whether the clause is enforceable or how it should be interpreted.
Can Landlords Prohibit Tenants from Smoking on the Balcony?
It depends on the lease agreement and the circumstances.
If the lease explicitly prohibits smoking throughout the entire rented premises, the restriction may also extend to a balcony designated for the tenant's exclusive use.
Even without such a clause, cigarette smoke that repeatedly drifts into neighboring homes and leads to complaints may raise issues under community regulations or other applicable laws.
For example, suppose a tenant smokes on the balcony every day, and an upstairs neighbor repeatedly complains that cigarette smoke enters their apartment.
The landlord should first verify where the smoke is coming from, review complaint records and community regulations, and then communicate with the tenant.
Even if the balcony is part of the tenant's rented premises, that does not mean every activity conducted there is unrestricted.
Can Landlords Immediately Terminate the Lease for Smoking or Burning Incense?
Not necessarily.
Under Article 438 of the Civil Code, a landlord generally must first object to the tenant's improper use of the property.
If the tenant continues violating a lawful and enforceable lease restriction after being told to stop, the landlord may then have grounds to terminate the lease under this provision.
In practice, landlords should preserve photographs, complaints from neighbors, and other relevant evidence. It is also advisable to provide written notice requiring the tenant to stop the prohibited activity.
If the tenant has already stopped, the landlord generally cannot rely solely on a past violation to establish the conditions for termination under Article 438.
Furthermore, even if the lease has been lawfully terminated, landlords cannot take matters into their own hands by changing the locks, cutting off water or electricity, or forcibly removing the tenant. Proper legal procedures must still be followed.
Can Landlords Deduct Cleaning or Repair Costs from the Security Deposit?
Landlords may seek reasonable compensation for damage, but they cannot arbitrarily decide how much to deduct.
For example, prolonged indoor smoking may cause severe yellowing of walls or leave persistent odors in an air conditioner. Burning incense may also leave soot stains on the ceiling.
Depending on the lease terms and the actual damage, the landlord may seek compensation for necessary cleaning or repair expenses.
However, landlords should preserve move-out photographs, cleaning estimates, repair invoices, and other relevant records. They should also distinguish ordinary wear and tear from damage attributable to the tenant.
A security deposit is not a penalty imposed by the landlord. Its purpose is to secure obligations arising from the rental relationship.
Therefore, the landlord cannot automatically withhold the entire security deposit simply because the property smells of cigarette smoke.
If the lease also includes a contractual penalty, the clause must be legally valid, and the amount must not be excessive.
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Conclusion: Clear Lease Terms Help Prevent Disputes
In principle, landlords can include lease clauses prohibiting indoor smoking, incense burning, or burning joss paper, provided that the restrictions are lawful, clear, and reasonable. However, simple acts of religious worship or displaying religious statues should be evaluated based on the actual circumstances rather than automatically treated as prohibited activities.
For tenants, it is important to review any restrictions on smoking, open flames, and religious activities before signing a lease. This can help prevent unexpected disagreements after moving in.
The best approach is for both parties to clearly establish the property's rules before signing the lease. Landlords can reduce property damage and management disputes, while tenants can enjoy a more predictable living environment without risking early lease termination over a cigarette or a stick of incense.
