When a rental dispute cannot be resolved and eventually ends up in court, one of the first concerns is usually not just, “Can this case be won?” but rather: How much will this lawsuit actually cost?
If the security deposit is only worth tens of thousands of NT dollars, could hiring an attorney cost even more than the amount in dispute? If a tenant owes more than NT$100,000 in unpaid rent, how much must the landlord pay upfront to recover it? And if the lawsuit takes a year, is it still worth pursuing even if the case is ultimately won?
The cost of a rental lawsuit is actually not as difficult to estimate as it may seem. The main expenses can generally be divided into court fees, attorney fees, and the cost of time.
What Does the Law Say?
Code of Civil Procedure, Article 77-13:
“In an action arising from property rights, where the amount or value of the subject matter of the action is not more than NT$100,000, a fee of NT$1,000 shall be collected; for the portion exceeding NT$100,000 and up to NT$1,000,000, NT$100 shall be collected for each NT$10,000; for the portion exceeding NT$1,000,000 and up to NT$10,000,000, NT$90 shall be collected for each NT$10,000; for the portion exceeding NT$10,000,000 and up to NT$100,000,000, NT$80 shall be collected for each NT$10,000; for the portion exceeding NT$100,000,000 and up to NT$1,000,000,000, NT$70 shall be collected for each NT$10,000; and for the portion exceeding NT$1,000,000,000, NT$60 shall be collected for each NT$10,000. Any fractional amount of less than NT$10,000 shall be calculated as NT$10,000.”
✨ Plain explanation: Filing a civil lawsuit is not free. When a claim involves money—such as recovering a security deposit, collecting unpaid rent, or seeking damages—the court fee is calculated based on the amount or value of the claim.
However, the amount currently collected by the courts includes an additional statutory surcharge, so the figures written in the Article cannot simply be used by themselves. For a first-instance case, the current court fee for a claim of NT$100,000 or less is NT$1,500. Higher claims are calculated progressively according to different brackets.
⚖️ Legal Source: Code of Civil Procedure Article 77-13 – Law.moj.gov.tw
How Much Does the Court Actually Charge for a Rental Lawsuit?
Start with the most basic expense: the court fee.
If a landlord files a claim for NT$100,000 in unpaid rent, or a tenant files a claim for the return of a NT$100,000 security deposit, the current first-instance court fee is NT$1,500.
For claims exceeding NT$100,000, the fee is not calculated simply by multiplying the entire amount by one fixed percentage. Instead, the Judicial Yuan uses a progressive fee schedule. The current first-instance rates include:
- NT$100,000 or less: NT$1,500
- Portion exceeding NT$100,000 and up to NT$1 million: NT$130 per NT$10,000
- NT$1 million: NT$13,200
- Portion exceeding NT$1 million and up to NT$10 million: NT$117 per NT$10,000
For most ordinary residential rental disputes involving security deposits, unpaid rent, or repair expenses worth tens or hundreds of thousands of NT dollars, the court fee is usually not the largest expense.
Attorney fees are much more likely to make the total cost rise quickly.
Who Ultimately Pays the Court Fees?
When a lawsuit is filed, the plaintiff generally pays the court fee upfront.
If a landlord sues a tenant for unpaid rent, the landlord initially pays the fee. If a tenant sues a landlord for the return of a security deposit, the tenant initially pays it.
But paying the fee upfront does not necessarily mean that the plaintiff will ultimately have to absorb the cost.
When the court issues its judgment, it will determine how the litigation costs should be allocated. As a general rule, the losing party bears the litigation costs. If both parties win and lose on different parts of the case, the costs may instead be allocated proportionally.
For example, if a landlord claims NT$200,000 from a tenant but the court ultimately awards only NT$100,000, the litigation costs will not necessarily be borne entirely by just one party.
Attorney Fees Can Be the Real Major Expense
One of the biggest financial questions in a rental dispute is whether hiring an attorney makes sense.
There is no uniform nationwide fee schedule that every attorney must charge for ordinary civil cases in Taiwan. Fees can vary depending on the complexity of the case, amount of evidence, attorney's experience, location, and the amount of work involved.
As a general reference based on common market rates, typical fees may fall around:
- Legal consultation: approximately NT$2,000–10,000 per hour
- Drafting complaints, answers, or other pleadings: approximately NT$10,000–30,000 and up
- Full representation for one level of trial: approximately NT$60,000–120,000 or more
More complicated cases involving extensive evidence, multiple parties, or numerous court appearances can cost considerably more.
For example, spending NT$80,000 on full attorney representation simply to recover a NT$30,000 security deposit may not make much economic sense.
But if the dispute involves hundreds of thousands of NT dollars in unpaid rent, eviction and surrender of the property, substantial damages, or several claims at the same time, the value of professional legal representation may be very different.
If the Case Is Won, Can the Other Party Be Required to Pay the Attorney Fees?
This is a common source of confusion.
Court fees and the attorney fees paid to privately retain an attorney are two different things.
In ordinary first- and second-instance civil proceedings, even if one party wins, that party generally cannot require the losing party to reimburse all of the attorney fees simply because the dispute was caused by the other side.
For example, if NT$80,000 is spent on attorney fees to recover NT$100,000 and the entire NT$100,000 claim is ultimately awarded, that does not automatically mean the court will order the other party to pay an additional NT$80,000 in attorney fees.
That is an important calculation to make when deciding whether a rental dispute is worth litigating.
Small Rental Disputes Do Not Always Require Full Attorney Representation
The good news is that going to court does not automatically mean an attorney must be hired.
For smaller disputes involving security deposits, unpaid rent, or repair expenses, self-representation may be an option when the facts are straightforward and the lease agreement, bank transfer records, LINE messages, photographs, and other evidence are clear.
Even when drafting a complaint feels difficult, it is not always necessary to immediately spend NT$60,000 or NT$70,000 on full representation.
Another option is to pay for a legal consultation to clarify the legal issues, or hire an attorney only to organize the evidence and draft the complaint, then handle the court appearances independently.
💡 In simple terms, the choice does not have to be limited to “do everything alone” or “hire an attorney to do everything.”
For a Clear Monetary Claim, Consider a Payment Order First
If a tenant owes NT$100,000 in unpaid rent and the amount is clear and supported by evidence, the landlord does not necessarily have to immediately file a full civil lawsuit.
Another option is to apply for a payment order.
Under the Judicial Yuan's current fee schedule, the court fee for applying for a payment order is NT$500.
The main advantage of a payment order is that the procedure is relatively simple and inexpensive. If the debtor receives the payment order and does not file an objection within 20 days, the creditor may be able to avoid going through a full civil trial.
However, if the other party files an objection in accordance with the law, the matter may still proceed into litigation.
A payment order is therefore better suited to disputes where the amount owed is relatively clear, such as unpaid rent. If the real dispute is whether an air conditioner broke because of ordinary wear and tear or because the tenant damaged it, or whether a particular wall repair is the landlord's or tenant's responsibility, the factual dispute may be too complicated for the matter to remain that simple.
An Even Cheaper Option: Try Mediation First
If there is still room for negotiation, court mediation may also be worth considering before filing a lawsuit.
For civil mediation involving property rights, no application fee is currently charged when the amount in dispute is less than NT$100,000. For claims of NT$100,000 or more but less than NT$1 million, the application fee is NT$1,000.
For example, if the parties are arguing over a NT$50,000 security deposit after the lease ends, but the real disagreement is simply over which deductions are justified, mediation may save considerable time and money compared with immediately proceeding to litigation.
A successfully concluded court mediation also has legal effect. It is much more than simply “sitting down and talking things over.”
For anyone who wants to confirm the applicable court fees or check the latest official fee schedule, these official tools may help:
🔮 Official Source: Judicial Yuan – Fee Standards for Civil Matters
🔮 Official Source: Judicial Yuan – Civil Court Fee Calculator
How Long Does a Rental Lawsuit Take?
After calculating the money, there is another cost that is easy to overlook: time.
In an ordinary civil rental dispute, the process may involve filing the complaint, court scheduling, exchanging pleadings, mediation, hearings, and eventually a judgment. The actual timeline depends on the court's caseload, the complexity of the dispute, and the amount of evidence involved.
A relatively straightforward case may be completed within a few months. If there are numerous disputed issues, extensive evidence needs to be examined, or one party repeatedly raises additional arguments, the case will naturally take longer.
If the judgment is appealed, the entire dispute may continue for six months, a year, or even longer.
The real cost of litigation therefore includes more than just court fees and attorney fees. It also includes preparing pleadings, collecting evidence, appearing in court, and waiting for the case to be resolved.
🎭 Related Reading: Why Should Landlords and Tenants Notarize a Lease in Taiwan?
🕯️ Related Reading: Do Rental Disputes Always Need Court?
🌙 Related Reading: What Is a Small Claims Lawsuit in Taiwan?
🥀 Related Reading: Can a Landlord Apply for a Payment Order When a Tenant Owes Rent and Disappears in Taiwan?
So, Is a Rental Dispute Worth Taking to Court?
It helps to start with a very practical calculation.
If only NT$30,000 is in dispute and the evidence is not particularly strong, spending more than NT$60,000 on full attorney representation may not make economic sense. Sending a formal demand, trying mediation, or paying for a single legal consultation may be more appropriate.
On the other hand, if the dispute involves hundreds of thousands of NT dollars in unpaid rent, surrender of the rental property, substantial repair damages, or a party that completely refuses to cooperate, litigation may become necessary to protect the legal rights involved.
Going to court is not always extremely expensive. What matters is choosing a procedure and level of legal assistance that make sense for the amount and complexity of the dispute. If mediation can resolve the problem, there may be no need to rush into litigation. If a payment order is suitable, there may be no reason to begin with a full civil lawsuit.
If going to court ultimately becomes necessary, the court fee can be checked first before deciding whether to handle the case independently, hire an attorney only to draft the pleadings, or retain an attorney for full representation. Calculating the likely financial and time costs before taking the next step is usually more practical than immediately deciding to “fight it all the way.”
