Living in a rental property, it’s inevitable that equipment and facilities may break down. An air conditioner that no longer cools, leaking pipes, or a clogged toilet — but who should handle these repairs? Can tenants fix things themselves and deduct the costs from rent? What if the landlord refuses to take action? This article explains the regulations, practical steps, and possible risks.
What Does the Law Say?
Civil Code Article 430:
“During the lease, if the leased property requires repairs that should be borne by the lessor, the lessee may set a reasonable period urging the lessor to repair. If the lessor fails to repair within that period, the lessee may terminate the contract or repair it himself and claim reimbursement from the lessor, or deduct the cost from the rent.”
✨ Plain explanation: The tenant may first set a deadline for the landlord to complete necessary repairs. If the landlord fails to act, the tenant may either terminate the lease or repair the issue themselves, then request reimbursement or deduct the expense from rent.
Residential Lease Act, Article 8, Paragraph 3:
“If the repair responsibility lies with the lessor and the lessor fails to carry out the repairs within the period set by the lessee, the lessee may repair it himself and request reimbursement from the lessor, or deduct the cost from the agreed rent.”
✨ Plain explanation: When the landlord is responsible for repairs but fails to do so within the set deadline, the tenant may hire someone to complete the repairs and later request reimbursement or deduct the cost from rent. However, under the new law, the tenant’s right to terminate the lease is restricted — termination is only possible if the property becomes unsuitable for habitation.
Clarify repair responsibilities before signing
The smartest way to avoid disputes is to make everything clear in the lease agreement. The landlord should specify which repairs they are responsible for and which minor consumables are to be handled by the tenant. Common gray areas include: air conditioner refrigerant, refrigerator compressor, light bulbs, and faucet washers — all of which should be put in writing before signing.
👺 Related Read: Who Is Responsible for Rental Repairs in Taiwan?
What should tenants do when repairs are needed?
- Notify the landlord: Report the issue (phone, text, or email) and keep a record.
- Set a deadline: Give the landlord a reasonable repair deadline, such as “within two weeks.”
- Landlord ignores? Or agreed in advance: If the landlord fails to repair on time, the tenant may hire a professional and claim the cost with receipts or deduct it from rent. If both parties had agreed beforehand, the tenant may also repair first and later deduct the expense or request reimbursement.
- Terminate only in severe cases: If the property is no longer habitable (serious leakage, structural danger), the tenant may legally terminate the lease.
Key precautions before repairing
Before repairing, tenants should prepare to protect their rights and avoid disputes:
- Duty of care: Tenants must notify the landlord immediately upon discovering issues. Failure to do so, leading to worsening damage, may result in tenant liability.
- Get multiple quotes: Ask several repair services, keep written estimates to prevent disputes over costs.
- Take photos: Document the damage before repairs to prevent denial by the landlord.
- Keep receipts: Save invoices or receipts as evidence for reimbursement or rent deduction.
Refusing to pay rent is not an option
Some tenants may think of withholding rent to pressure the landlord into repairs. This is considered “non-payment of rent” and may be treated as breach of contract. The proper process is notice → repair → deduct, not withholding rent.
Breach of contract is a more practical solution
Although the law allows tenants to terminate the lease if the property is “uninhabitable,” the definition is vague and often requires a court ruling.
A more practical solution is to clearly state repair responsibilities in the contract. If the landlord refuses to perform agreed repairs, the tenant can terminate the lease based on breach of contract, rather than arguing about “habitability.”
Conclusion
In summary, the Civil Code originally gave tenants greater flexibility: they could terminate the contract or repair and claim reimbursement. However, with the Residential Lease Act, termination rights are restricted, and tenants can usually only terminate under extreme circumstances. In practice, tenants may repair on their own, but only after notifying the landlord and keeping complete evidence. The smartest approach is to clarify repair responsibilities before signing the lease. With everything in writing, if one party refuses to repair, the other can terminate the contract on grounds of breach, ensuring both sides’ rights are protected.
