One of the most common questions in the rental world is this:
“Can a landlord ask a tenant to move out early?”
“If a tenant violates the rules, can the landlord immediately terminate the lease?”
The method of determining this is actually very simple. You only need to understand three things:
👉 Is the lease fixed-term or non-fixed-term?
👉 Does the contract say early termination is allowed?
👉 Does the situation meet the legal or contractual termination grounds (such as illegal use, violations, unpaid rent, or breach of agreed terms)?
Once you understand these three points, you can determine early termination 100% correctly.
What Does the Law Say?
Civil Code Article 424:
“If the leased object is a house or other dwelling place, and there are defects that endanger the safety or health of the lessee or cohabitants, the lessee may terminate the contract even if they already knew of the defects when entering into the contract or had waived the right to terminate.”
✨ Plain explanation: If the property truly endangers health (sea-sand buildings, radioactive buildings, or buildings officially declared dangerous), the tenant may terminate the lease early. Poor soundproofing, suspected electromagnetic waves, or noisy neighbors → do not apply under this article.
⚖️ Legal Source: Civil Code Article 424 – Law.moj.gov.tw
Civil Code Article 450, Paragraph 2:
“For leases without a fixed term, either party may terminate the contract at any time. However, customs favorable to the lessee shall prevail..”
✨ Plain explanation: Non-fixed-term leases do state that both parties may terminate early, but the actual restrictions differ:
Tenant → May terminate freely, as long as notice is given according to the rent payment cycle (e.g., monthly rent → 30-day notice).
Landlord → Although the Civil Code says “may terminate,” if the tenant does not agree to move out, the landlord must still comply with the legal termination grounds listed in Land Act §100 or Rental Housing Market Development and Regulation Act §10, meaning it is not a completely free, unconditional early termination.
🧞 Key point in one sentence:Non-fixed-term lease = tenants may freely terminate; landlords must meet legal conditions to terminate.
⚖️ Legal Source: Civil Code Article 450 – Law.moj.gov.tw
Land Act Article 100:
“Unless one of the following circumstances occurs, the landlord may not repossess the premises.
1. The landlord needs the premises for personal residence or reconstruction.
2. The tenant sublets in violation of Civil Code §443 Paragraph 1.
3. The tenant owes rent for more than two months after deducting the security deposit.
4. The tenant uses the premises in violation of the law.
5. The tenant violates the lease contract.
The tenant damages the premises or fixtures and does not provide appropriate compensation.”
✨ Plain explanation: A non-fixed-term lease does not mean the landlord may freely terminate it. They must still meet one of these six statutory grounds. If the tenant violates any agreed contract terms, that also counts as a legal termination ground under item (5).
⚖️ Legal Source: Land Act Article 100 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 10:
“1. If any of the following occurs during the lease period, the landlord may terminate the lease early, and the tenant may not request any compensation:
(1) The tenant damages the leased dwelling or equipment and does not repair or compensate.
(2) The tenant is late in paying rent or fees equal to two months' rent and refuses to pay after being given a reasonable deadline.
(3) The tenant sublets the premises without the landlord’s written consent.
(4) The landlord must repossess the premises due to reconstruction.
(5) Other circumstances where early termination is permitted by law.
2. If the landlord terminates under the above circumstances, they must notify the tenant in writing and provide supporting evidence:
(1) For items (1)–(3) and (5): notify 30 days before termination.
(2) For item (4) (reconstruction): notify three months before termination.”
✨ Plain explanation: This Act strengthens the Land Act with more modern and detailed rules. If any of the above situations occur → the landlord may terminate early, and the tenant cannot claim compensation.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 10 – Law.moj.gov.tw
Required and Prohibited Lease Terms & Mandatory and Prohibited Clauses:
“During the lease period, if any of the following circumstances occur, the landlord may terminate early, and the tenant may not request compensation:
1. Reconstruction requires repossession.
2. Tenant owes rent equal to two months after notice.
3. Tenant owes management fees equal to two months after notice.
4. Tenant changes the use of the premises without permission.
5. Tenant illegally uses or stores explosive/flammable materials.
6. Tenant sublets or transfers rights without permission.
7. Tenant damages the premises and does not repair after notice.
8. Unauthorized interior renovation.
9. Renovation not following regulations.
10. Renovation that damages structural safety.
Notification periods:
- 3 months before termination for reconstruction
- 30 days before termination for other violations
No prior notice required for items (5) and (10)”
✨ Plain explanation: If any of these ten circumstances occur → the landlord may terminate early, and the tenant cannot request compensation.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Why are there three sets of rules? And why do they look similar?
Because they serve different roles in the legal hierarchy:
- Land Act → The “general rule” for non-fixed-term leases
- Rental Housing Market Development and Regulation Act → Provides clearer and more complete tenant/landlord protections
- Required and Prohibited Lease Terms & Mandatory and Prohibited Clauses → Government-standard contract wording required in practice
Although they overlap, they are not copied from each other. Instead:
👉 Law (principles) → Special Act (reinforcement) → Contract (practical implementation)
These layers work together to ensure consistent rules for different rental situations.
Core Concept: Whether early termination is allowed = lease type + contract terms + legal/contractual grounds
Let’s break it down in the simplest, most straightforward way:
1️⃣ Fixed-Term Lease (e.g., 1 year)
✅ General rule: Early termination is NOT allowed
Unless:
- The contract has a clause permitting early termination
- The tenant violates the law, rules, or contract terms
✅ If the contract explicitly allows early termination
→ Both landlord and tenant may terminate freely
→ No legal reason required
→ Must follow the notice period (usually 30 days)
✅ In other words:
👉 If a fixed-term lease doesnotinclude an “early termination permitted” clause, then as long as the tenant follows the rules and does not breach the contract, the landlord absolutely cannot ask the tenant to move out early.
Landlords cannot terminate early because:
❌ They want to move in
❌ They want a different tenant
❌ They want to raise rent
❌ Rent is “too cheap”
❌ They don’t get along
2️⃣ Non-Fixed-Term Lease (when the fixed-term expires without renewing)
Often misunderstood as “the landlord can end it anytime,” but the truth is the opposite.
A double-edged sword
✅ For landlords
If the tenant is not violating rules:
👉 The landlord cannot terminate at will
👉 Must meet one of the six grounds in Land Act §100
👉 “Wanting to move in” only works if it meets legal conditions
👉 “Want a new tenant” → Not allowed
👉 “Want to list again” → Not allowed
Landlord flexibility is much more limited than people think.
✅ For tenants
Tenants have more freedom:
📌 Monthly rent → 30-day notice
No reason required (moving, job change, personal choice)
👉 Non-fixed-term leases = high flexibility for tenants, strict limits for landlords
🧚♀️ Related Read: What Is a Non-Fixed-Term Lease in Taiwan?
🍀Related Read: How to Prevent Your Lease from Becoming Non-Fixed-Term in Taiwan?
🏰 Related Read: Can a Tenant End a Lease Early in Taiwan? What “May Terminate” vs. “May Not Terminate” Really Means
3️⃣ When can landlords definitely terminate early?
Landlords may always terminate early if:
✅ Rent is unpaid for two months
✅ Unauthorized subletting / running daily rentals
✅ Illegal activities (gambling, drug activity, prostitution, etc.)
✅ Damaging the property without repair or compensation
✅ Unauthorized or illegal renovations
✅ Management fees unpaid for two months
✅ Reconstruction or urban renewal is necessary
✅ Tenant violates contract terms (no pets, no smoking, noise rules, usage restrictions, etc.)
👉 If any of these occur → landlord may terminate early and the tenant cannot claim compensation.
Final Summary
Whether a landlord may terminate a lease early does not depend on what the landlord wants or whether the tenant agrees. It must be determined based on the type of lease, the contract provisions, and whether the situation meets the legal or contractual termination grounds.
In a fixed-term lease, as long as the tenant does not violate the law or contract, the landlord cannot force early termination—even if they want to move in or think the rent is too low—unless the contract explicitly allows early termination.
Once the lease becomes non-fixed-term, tenants may freely terminate the lease with advance notice, but landlords must meet one of the six statutory grounds.
Overall, fixed-term leases provide stable housing for tenants, while non-fixed-term leases offer tenants more flexibility. For landlords, early termination must always be based on what the law and the contract allow, not personal preference.
