In Taiwan, shared rentals such as partitioned suites or rooms are very common. Since there are many shared public spaces—like stairways, hallways, living rooms, bathrooms, kitchens, and laundry machines—landlords often set up “house rules” (生活公約) to maintain living quality and order.
But here’s the question: are these house rules legally binding? And if a landlord later adds new rules, can tenants refuse? Let’s look at the relevant legal provisions and practical situations.
Common House Rules
In the rental market, house rules are often set with the purpose of “maintaining order and protecting peace.” Typical clauses include:
- Public spaces must be cleaned after use (kitchen, bathroom, etc.)
- No loud noise, gambling, or parties
- Tenants may not keep pets
- Restrictions on tenant type (e.g., female-only)
- No overnight stays with guests of the opposite sex
- Violation fine: NT$1,200
These rules are well-intentioned, but when they involve monetary penalties or restrictions on personal rights, they must be reviewed from a legal standpoint.
What Does the Law Say?
Civil Code Article 153, Paragraph 1:
“When both parties express mutual consent, whether explicitly or implicitly, a contract is established.”
✨ Plain Explanation: As long as both sides agree—by signing, oral consent, or even implied behavior—the contract is valid. House rules fall under this principle.
⚖️ Legal Source: Civil Code Article 153 – Law.moj.gov.tw
Civil Code Article 250, Paragraph 1:
“The parties may agree that the debtor shall pay a penalty in case of non-performance.”
✨ Plain Explanation: If house rules stipulate a fine for violations, and both sides agree, the clause can be legally binding.
⚖️ Legal Source: Civil Code Article 250 – Law.moj.gov.tw
Civil Code Article 438:
“1. The lessee shall use the property as agreed, or if not specified, in a manner consistent with its nature.
2. If the lessee violates the above and continues despite the lessor’s objection, the lessor may terminate the lease.”
✨ Plain Explanation: The landlord may regulate how the property is used, and if tenants violate the rules and refuse to improve, the landlord can even terminate the lease.
⚖️ Legal Source: Civil Code Article 438 – Law.moj.gov.tw
Regulations on Mandatory and Prohibited Clauses in Residential Lease Standard Contracts:
“Clauses may not contradict compulsory or prohibitive provisions.”
✨ Plain Explanation: Any rule that violates mandatory laws or public order is invalid. For example, discriminatory or unfair clauses may not hold legal effect.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Do Tenants Have to Follow If Signed?
In principle, yes. If tenants signed or explicitly agreed to the house rules before or upon moving in, the rules carry legal effect. If violated, the landlord may enforce them—for example, by demanding payment of fines.
Therefore, tenants must carefully review house rules before signing. If certain clauses are unacceptable, they should negotiate or refuse in advance to avoid disputes later.
🎃 Related Read: How to Choose Independent Studio, Partitioned Studio, or Shared Room in Taiwan?
👻 Related Read: Is a Rental Agreement Always Necessary in Taiwan?
Can Tenants Refuse If Rules Are Added Later?
- Yes, they can refuse: If new house rules are introduced after the lease is signed, tenants are not obligated to agree.
- But if they agree, it is binding: Even without a signature, oral consent or evidence through text messages/recordings may establish a new binding clause.
🍭 Reminder: Be very cautious when asked to agree to new rules later. Don’t casually say yes.
Are Tenant-Made Rules Binding?
Sometimes tenants in shared rentals set their own “cleaning rules” or “living agreements.” These only bind those who agreed. They do not apply to new tenants unless they consent.
Reasonable vs. Unreasonable Rules
- Reasonable and common: No pets, no smoking, keep public areas clean.
- Strict but possibly valid: No running in hallway, no using the living room after 10 p.m., no visitors. These may seem harsh, but if disclosed and signed during the review period, they can still be binding.
- Invalid: Rules involving discrimination, invasion of privacy, or violation of public order (such as banning tenants of certain groups or restricting personal freedoms) may be legally invalid.
Conclusion
House rules are essentially part of the lease agreement. As long as both parties agree, they can have legal effect.
- Before signing: Review carefully, only sign if acceptable.
- After signing: Tenants may reject new rules, but if they agree, the rules may still bind them.
- Illegal or discriminatory clauses: Invalid even if signed.
In short, house rules are not just “personal preferences,” but common obligations shared among tenants. Think carefully before signing. Once signed, they must be followed. If you can’t accept them, don’t move in. This way, both landlords and tenants can maintain a good rental relationship and live with peace of mind.
