In real-life rental situations, many tenants share the same questions:
“Can I move out early if I’m not comfortable living here?”
“If the landlord refuses to fix the property, can I terminate the lease immediately?”
The good news is that the answer is not complicated. You only need to check three key points:
👉 Is the lease fixed-term or open-ended?
👉 Does the contract state that early termination is permitted?
👉 Does the situation fall under a legally recognized ground for termination (such as major defects, failure to repair, or long-term medical treatment)?
If you review the situation in this order, most cases can be assessed on your own.
In a previous article, we explained when landlords may terminate a lease early. This article focuses on when tenants are legally allowed to do so.
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
Rental Housing Market Development and Regulation Act, Article 11:
“If any of the following circumstances occur during the lease period, the tenant may terminate the lease early, and the landlord may not request any compensation:
1. Long-term medical treatment is required due to illness or accident.
2. The leased residence is unfit for residential use and requires repairs, and the landlord fails to repair it within a reasonable period after notice.
3. Part of the leased residence is destroyed for reasons not attributable to the tenant, making continued residence impracticable.
4. A third party asserts rights over the leased residence that prevent the agreed residential use.”
✨ Plain explanation: This is the most important statutory basis for tenant-side early termination. If any one of these situations occurs → the tenant may terminate the lease early, and the landlord may not demand compensation or penalties.
⚠️ Important: The tenant must provide written notice at least 30 days before termination, along with relevant supporting evidence.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 11 – 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 tenant may terminate the lease early, and the landlord may not request any compensation:
- The residence is unfit for agreed residential use and repairs are not made after notice.
- Part of the residence is destroyed and the remaining portion cannot fulfill the lease purpose.
- The residence contains defects that endanger safety or health.
- Long-term medical treatment is required due to illness or accident.
- A third party asserts rights that prevent agreed residential use.
Tenants terminating under the above provisions must notify the landlord in writing at least 30 days in advance and provide supporting evidence.
However, in urgent safety or health situations, prior notice is not required.
If the tenant dies, heirs may terminate the lease under the same notification rules.”
✨ Plain explanation: These clauses directly incorporate protections from the Civil Code and the Rental Housing Market Development and Regulation Act into the standard contract. Their purpose is to prevent landlords from using contract terms to exclude tenants’ statutory termination rights.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Common Situations That Typically Qualify in Practice
- Major structural or safety defects
Examples: reinforced concrete corrosion buildings, radiation-contaminated properties, government-declared unsafe buildings.
- Failure to fulfill repair obligations
Examples: unresolved water leaks, structural cracks affecting safety, serious defects left unrepaired.
- The property can no longer serve its original purpose
Examples: the main structure is demolished, or a commercial rental can no longer operate.
- Long-term medical treatment due to illness or accident
Requirements:
- Diagnosis issued by a licensed medical institution
- Treatment period of six months or longer (often assessed with reference to Long-Term Care Act standards)
- Diagnosis issued by a licensed medical institution
- Other legally recognized grounds
As stipulated under the Residential Lease Act or mandatory standard lease clauses.
If the Contract Explicitly Allow Early Termination
✅ Notice given according to the contract’s agreed notice period
→ No breach of contract and no penalty applies.
❌ Failure to give notice according to the contract’s agreed notice period
→ The landlord may claim damages, but the amount is legally capped at no more than one month’s rent.
If the Contract Does Not Explicitly Allow Early Termination
The situation must be reviewed under statutory law:
- Does it fall under the Residential Lease Standard Contract Regulations?
- Does it meet the requirements of the Rental Housing Market Development and Regulation Act?
- Does it qualify under the Civil Code or other specially agreed termination grounds between both parties?
📌 Reminder: If legal requirements are met, the tenant may still terminate the lease early even if the contract is silent.
🗝️ Related Read: What Is a Non-Fixed-Term Lease in Taiwan?
🐍 Related Read: Can a Tenant End a Lease Early in Taiwan? What “May Terminate” vs. “May Not Terminate” Really Means
📜 Related Read: Can Landlords Terminate a Lease Early in Taiwan?
🦄 Related Read: Can a Tenant or Landlord Cancel a Lease After Signing but Before Moving In?
Practical Reminders (Very Important)
📸 Document everything
Take photos, keep repair invoices, and retain written repair requests—these records are critical for proving your claims if a dispute arises.
📧 Written notice is mandatory, not optional
When terminating a lease early in accordance with the law, the tenant must, as a general rule, notify the landlord in writing at least 30 days prior to termination and provide relevant supporting evidence, so as to preserve proof and avoid evidentiary difficulties arising from reliance on oral notice alone.
The term “written notice” is not limited to paper documents. In Taiwan legal practice, courts do not exclude the use of digital tools as a form of written notice. LINE, email, or other digital communication tools that allow the recipient’s identity to be verified and preserve message content and timestamps may be recognized as valid written notice.
However, tenants should avoid relying solely on oral notice, as this may lead to disputes over whether proper notice was given.
Final Summary
Whether a tenant may terminate a lease early does not depend on personal dissatisfaction or the landlord’s attitude. The correct analysis always turns on the type of lease, the contractual terms, and whether the circumstances fall within legally recognized grounds for termination.
Under a fixed-term lease, early termination is generally not permitted unless the contract expressly allows it or a statutory exception applies. Under an open-ended (non-fixed-term) lease, tenants are granted greater flexibility, provided that notice is given in accordance with the rent payment cycle.
The law does offer significant protection to tenants—but only when the legal grounds are valid, the required procedures are followed, and supporting evidence is properly preserved. When these conditions are met, early termination is not a breach of contract, but a lawful exercise of one’s rights.
