In Taiwan’s rental market, many landlords add a clause in the lease stating “no household registration at the rental property.” But is this legal? Can tenants really move their household registration (hukou) to the rented place? And if the landlord disagrees, what can tenants do? This article explains the legal basis and practical steps you need to know.
Legal Provisions: Landlords Cannot Restrict Household Registration via Lease
Under current law, tenants have the right to register their household at the rented property.
- Mandatory and Prohibited Clauses in Residential Lease Agreements clearly state: landlords cannot stipulate that tenants may not register household at the rented property.
- Residential Lease Standard Contract Clauses also prohibit landlords from recording such restrictions.
In addition, Article 5 of the Residential Lease Act (2017) establishes contractual fairness, specifying that:
- Clauses that restrict or deprive one party’s rights or add disproportionate obligations are invalid.
- Violating mandatory/prohibited clauses renders the clause void, whether written, omitted, or even oral.
In other words, if a landlord inserts “tenant may not register household” in the lease, that clause is legally invalid.
Most importantly, tenants do not need landlord approval to register household; they can apply directly at the household registration office with the proper documents.
🏠 Related Read: What Are the Required and Prohibited Lease Terms in Taiwan?
👻 Related Read: What Are Mandatory and Prohibited Clauses in Taiwan?
Why Do Landlords Prohibit Household Registration?
Although prohibited by law, many landlords still attempt to restrict tenants from household registration, mainly for two reasons:
- Tax Considerations
- Once tenants register or declare rent deductions, the landlord’s rental income becomes visible to the tax authority, leading to:
- Land Value Tax Adjustment: from self-use rate (0.2%) → rental rate (1%).
- House Tax Adjustment: from self-use (1.2%) → rental housing (1.5%–3.6%).
- Comprehensive Income Tax: additional rental income may raise the tax bracket.
- Land Value Tax Adjustment: from self-use rate (0.2%) → rental rate (1%).
- Once tenants register or declare rent deductions, the landlord’s rental income becomes visible to the tax authority, leading to:
- Other Concerns
- Fear of disputes over property ownership or liability (mostly misconceptions).
- Desire to maintain “self-use” housing status to keep tax benefits.
- Fear of disputes over property ownership or liability (mostly misconceptions).
🎃 Related Read: Can Tenants Claim Rent on Taxes in Taiwan?
Why Do Tenants Need Household Registration?
For tenants, household registration affects many aspects of daily life:
- School District Access: Children can attend schools in the registered area.
- Government Subsidies: Eligibility for childbirth, childcare, and senior benefits.
- Voting Rights: Voting eligibility tied to household location.
- Mail & Documents: Official correspondence delivered to the residence.
Thus, if landlords prevent household registration, tenants face serious inconveniences in education, welfare, and civic rights.
How Can Tenants Apply for Household Registration?
According to the Ministry of the Interior, tenants may apply using their ID card and household registration transcript, plus one of the following:
- A notarized lease agreement.
- A non-notarized lease agreement + copy of landlord’s ownership certificate.
- A non-notarized lease agreement + tax registration certificate + utility bill (water/electricity/gas) + landlord consent.
- A non-notarized lease agreement verified by police or household registration staff.
Even without landlord cooperation, tenants may still register through the verification process by police or household office staff. Landlord refusal does not override tenant rights.
Conclusion
Household registration is a legal right of tenants, and landlords cannot deny it. While some landlords resist due to tax or misconceptions, such restrictions are invalid under the law.
Key Takeaways:
- Tenants can apply directly to household registration offices with lease and supporting documents—no landlord approval required.
- Clauses violating mandatory/prohibited terms are void; tenants may assert their rights legally.
In a fair rental relationship, both landlord and tenant benefit from transparency and compliance. Tenants should exercise their rights confidently, while landlords should cooperate in good faith to avoid unnecessary disputes.
