Rental listings in Taiwan often include conditions like "Women Only," "Students Only," or "Working Professionals Only." Some landlords may even refuse to rent to foreigners or families with children.
This raises an important question: Can landlords really decide who they want to rent to? And could these restrictions be considered discrimination?
Landlords naturally want to find suitable tenants. But from a tenant's perspective, being rejected simply because of their identity or background can feel unfair.
In general, private landlords have the freedom to choose their tenants, but freedom of contract does not mean every restriction is legal. What matters is why a landlord refuses to rent and whether that decision violates applicable laws.
What Does the Law Say?
Civil Code, Article 153, Paragraph 1:
“When the parties have reciprocally declared their concordant intent, either expressly or impliedly, a contract shall be constituted.”
✨ Plain Explanation: A rental agreement generally requires both the landlord and the tenant to agree before a contract can be formed.
This means landlords can generally decide whether to rent out their property and are not required to accept every prospective tenant. However, their freedom to choose tenants is still subject to legal restrictions. Freedom of contract cannot be used as a blanket excuse for discrimination.
⚖️ Legal Source: Civil Code Article 153 – Law.moj.gov.tw
Housing Act, Article 54:
“No person shall refuse or obstruct a residential user from engaging in any of the following activities:
1. Carrying out necessary barrier-free renovations to a residence or public space.
2. Keeping guide dogs, hearing dogs, or mobility assistance dogs as required to assist persons with disabilities.
3. Lawfully using the exclusively owned portions of a residence and the spaces, facilities, equipment, and related services in common areas that are not designated for exclusive use.”
✨ Plain Explanation: Even though landlords own their properties, they cannot arbitrarily interfere with certain legal rights of people living there.
For example, if a tenant has difficulty moving around and needs to install handrails or make accessibility improvements, the landlord cannot simply block those necessary changes.
However, this law mainly protects specific housing-use rights. It does not mean landlords must accept every person who applies to rent their property.
⚖️ Legal Source: Housing Act Article 54 – Law.moj.gov.tw
Immigration Act, Article 62, Paragraph 1:
“No person shall discriminate against persons residing in the Taiwan Area on the grounds of nationality, race, skin color, social class, place of birth, or other similar factors.”
✨ Plain Explanation: Landlords can evaluate a tenant's ability to pay rent, intended lease term, and other reasonable conditions. However, private rental arrangements are not completely exempt from anti-discrimination laws.
If a landlord refuses to rent solely because of nationality, race, or similar characteristics, and that discrimination unlawfully infringes upon the rights of a person residing in Taiwan, the conduct may raise legal concerns, and the affected person may file a complaint in accordance with the law.
⚖️ Legal Source: Immigration Act Article 62 – Law.moj.gov.tw
Can Landlords Rent Only to Women, Students, or Working Professionals?
Landlords can generally establish reasonable rental requirements, but the purpose of those restrictions and the actual circumstances still matter.
For example, a shared apartment occupied by women may prefer female tenants to maintain privacy in shared living spaces. Similarly, a rental property near a university may favor students because the lease period aligns with the academic calendar.
Common rental restrictions include:
- Women Only / Men Only: These restrictions may relate to shared bathrooms, residential privacy, or safety. However, not every gender-based restriction is automatically legal.
- Students Only: Landlords may prefer students whose rental periods align with academic semesters. This can generally be used as a tenant screening condition.
- Working Professionals Only: Landlords may prefer tenants with stable income and can reasonably assess their ability to meet rental obligations.
However, reasonable tenant screening does not justify insulting, derogatory, or discriminatory language. Rental requirements should ideally relate to the property's actual use rather than stereotypes about particular groups.
Can Landlords Refuse to Rent to Foreigners?
Some landlords worry about language barriers or the difficulty of recovering unpaid rent if a foreign tenant eventually leaves Taiwan.
But there is an important distinction: Evaluating actual rental risks is not the same as rejecting someone solely because of their nationality.
For example, verifying a foreign tenant's identification documents, lease period, payment arrangements, and contact information is part of reasonable tenant screening.
However, a landlord who openly states "No Foreigners Allowed" may raise discrimination concerns under Article 62 of the Immigration Act. Whether the refusal is unlawful depends on the person's residency status and the specific circumstances.
Can Landlords Refuse to Rent to Families With Children?
This is another common issue in Taiwan's rental market.
Some landlords worry that children may create noise by running or playing indoors, or that furniture and walls could be damaged. As a result, they may prefer renting only to single adults or couples.
Private landlords are generally not required to accept every family with children. However, rental decisions should still reflect the actual circumstances rather than negative stereotypes about families.
For example, limiting the number of occupants because a small studio apartment has limited space is different from simply assuming that "all children are noisy."
If a rental agreement has already been signed, a landlord also cannot automatically declare the lease invalid or demand that tenants move out merely because they have a child or their household composition changes.
Can Landlords Ask Tenants to Move Out Because of Their Identity After Signing a Lease?
Landlords cannot demand that tenants move out immediately simply because they change their minds.
Once a rental agreement has been formed, both parties must honor their original agreement. Landlords cannot arbitrarily impose new restrictions or demand early termination.
For example, if a landlord initially agrees to rent to a foreign tenant but later demands that the tenant leave because of their nationality, that reason alone does not automatically justify terminating the lease. The same applies when a landlord initially accepts a family but later demands that they move out because they have children.
Another example involves a landlord who originally promised to rent an entire apartment building exclusively to students but later opens it to working professionals. Whether this constitutes a breach of contract depends on whether that promise formed part of the parties' original contractual agreement.
If a rental advertisement merely stated "Students Only" and the parties made no additional agreement, changing the rental requirements later does not necessarily constitute a breach of contract.
How Can Landlords and Tenants Avoid Rental Disputes?
For landlords, rather than screening tenants based on identity or background, it is better to establish clear rental requirements in advance, such as occupancy limits, lease duration, ability to pay rent, and property-use rules.
If a landlord decides not to rent to an applicant, the response should be honest and polite, without relying on discriminatory language or false explanations.
For tenants, anyone who suspects they have been rejected because of nationality, race, disability, or similar factors can preserve rental advertisements, LINE messages, and other relevant evidence. They may also contact the appropriate government authority to ask about complaint procedures under the applicable laws.
However, even if a discrimination complaint is upheld, that does not necessarily mean the landlord will be required to sign a lease. The outcome depends on the applicable laws and the circumstances of each case.
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Conclusion
Landlords generally have the right to choose their tenants and establish reasonable screening requirements based on the property and rental needs. Restrictions such as "Women Only," "Students Only," or "Working Professionals Only" cannot be judged as legal or illegal based on their wording alone. The actual circumstances must also be considered.
However, freedom of contract has legal limits. Refusing to rent based on protected characteristics such as nationality, race, or disability may raise discrimination concerns. Once a lease has been formed, landlords also cannot arbitrarily demand that tenants leave solely because of their identity.
For both landlords and tenants, clear rental requirements, reasonable assessments of a tenant's ability to meet contractual obligations, and mutual respect for the terms of the lease matter far more than identity labels.
