After a lease ends, the tenant has moved out,
but the unit still contains bags of belongings, furniture, appliances, and various personal items left behind.
This situation is very common in practice and often leaves landlords troubled:
- Could throwing everything away cause legal trouble?
- Could it lead to accusations of property damage or theft?
- Can the security deposit be deducted? If so, how much is reasonable?
Do not worry. The law has already clearly established procedures for inspection and handling abandoned property. Below is a clear and practical guide landlords can safely follow. ✅
What Does the Law Say?
Civil Code Article 445, Paragraph 1:
“The lessor of real property has a right of retention over the movables of the lessee placed in the property for claims arising from the lease; however, items exempt from attachment are not included.”
✨ Plain explanation: If the tenant still owes rent or other payments and belongings remain inside the unit, the landlord may retain those items and prevent their removal as security for the debt.
In other words, before the debt is settled, the landlord may temporarily retain the items to prevent the tenant from removing them without fulfilling payment obligations. If the retained property is later lawfully disposed of and converted into value, any remaining amount after deducting the debt and necessary expenses must be returned to the tenant.
⚖️ Legal Source: Civil Code Article 445 – Law.moj.gov.tw
Civil Code Article 936, Paragraph 1:
“Where a creditor’s claim has become due and remains unpaid, the creditor may set a reasonable period of not less than one month and notify the debtor, declaring that if payment is not made within the period, the retained property will be used to satisfy the claim; if the retained property belongs to a third party or is subject to other real rights known to the creditor, such party shall also be notified.”
✨ Plain explanation: Before exercising the right of retention or disposing of retained property, the law requires giving the tenant at least one month’s notice to settle the debt. Only if payment is not made within that period may further action be taken.
⚖️ Legal Source: Civil Code Article 936 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 12:
“1. Upon termination of the lease, the return of the rental housing shall be completed by the parties jointly conducting an inspection of the condition of the premises and attached equipment. If one party fails to attend the inspection and, after being urged by the other party to do so within a reasonable period, still fails to attend, the inspection shall be deemed completed.
2. If, after the inspection, items remain, unless otherwise agreed by the parties, and the lessor has urged the lessee to retrieve them within a reasonable period and they are not retrieved, ownership shall be deemed abandoned. The necessary handling expenses may be deducted from the security deposit; if insufficient, the lessor may claim payment from the lessee.”
✨ Plain explanation: When a lease ends, the landlord and tenant should jointly confirm the condition of the property and its attached facilities.
If one party refuses to attend the inspection, the other party may give notice and wait a reasonable period; the law will then treat the inspection as completed.
If items are left behind after inspection and the tenant fails to retrieve them in time, the law considers them abandoned, and the landlord may deduct disposal costs from the deposit.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 12 – Law.moj.gov.tw
Why Is “Just Throwing Everything Away” Risky?
Many disputes arise not from bad intentions, but from landlords assuming leftover items are trash. This can lead to:
- Civil claims for damages (property value, emotional distress)
- Criminal accusations of property damage
- Criminal accusations of theft
- If items are handled during the lease term, possible allegations such as unlawful entry
The key point: the law does not encourage self-help enforcement. Even if items appear abandoned, incomplete procedures may become grounds for liability.
Scenario 1: Lease Has Ended, Tenant Refuses to Attend Inspection
This is common: the tenant does not appear, messages are ignored, and belongings remain.
The solution involves two stages of notice.
Step 1: Notice to Attend Inspection
The landlord notifies the tenant to attend the inspection within a reasonable time.
If the tenant fails to appear, the inspection is deemed completed.
Recommended methods (retain proof):
- Certified letter
- Text or messaging apps (keep screenshots)
- Email (retain sending records)
Step 2: Notice to Retrieve Remaining Property
After inspection is deemed completed, remaining items must not be disposed of immediately.
The landlord should notify the tenant to retrieve items within a reasonable period.
If not retrieved, ownership is deemed abandoned. Only then is disposal and deposit deduction safe.
Scenario 2: Inspection Completed but Property Remains
Article 12(2) provides a clear legal path.
Follow this process:
1) Document everything
Photograph and record item types, quantities, and locations.
2) Notify the tenant
Clearly state items, location, retrieval deadline, and consequences.
3) Deadline passes → deemed abandoned
Items may then be removed, transported, or disposed of.
4) Deduct costs from deposit
Keep receipts and records:
- disposal invoices
- moving labor receipts
- storage costs (if any)
⚠️ Costs should remain reasonable and well documented to avoid further disputes.
Scenario 3: Tenant Disappears During Lease and Leaves Property Behind
If the lease is still in effect and rent is unpaid, the situation may involve the right of retention.
The key is not disposal, but retention and legal notice.
Typical steps:
- confirm debt is due and unpaid
- confirm items remain in the premises
- notify tenant with at least one month to settle debt
- if unpaid, retained items may be used to satisfy the claim
- any surplus must be returned
Proper notice and documentation significantly reduce risk.
The Easiest Prevention: Include an Abandoned Property Clause
Many disputes arise not because the law lacks answers, but because the lease is unclear.
A well-drafted clause:
- informs tenants how leftover property will be handled
- provides landlords with procedural clarity and legal support
🧙♀️Related Read: Can a Landlord Deduct a Penalty When a Tenant Terminates a Lease Early in Taiwan?
🧹Related Read: Can a Landlord Require a Tenant to Return the Lease in Taiwan?
📜Related Read: How Is a Security Deposit Returned in Taiwan?
⚗️ Related Read: What to Do if a Tenant Becomes Uncontactable or Goes Missing in Taiwan?
Conclusion
The greatest risk with leftover property is not the items themselves, but acting too quickly. In the past, landlords who disposed of items prematurely were found to have infringed tenant property rights.
Article 12 of the Rental Housing Act now provides a clear process: establish inspection completion through notice, establish abandonment through notice, then handle disposal and deposit deductions with proper documentation.
By following the procedure and preserving evidence, leftover property becomes manageable rather than a legal hazard.
