The lease has been signed, and everything seems fine at first.
But the real risk usually doesn’t appear at the moment of signing—
it shows up when problems begin.
When rent goes unpaid, or the tenant refuses to move out,
landlords often realize that the legal process is longer and more complicated than expected.
That’s when people start asking:
“Should this lease have been notarized from the beginning?”
In reality, notarization is not an unnecessary step.
It is a tool that can significantly reduce future risks.
The previous article discussed the benefits of notarization.
Now, let’s walk through how the process actually works.
What Does the Law Say?
Compulsory Enforcement Act, Article 4, Paragraph 1, Subparagraph 4 :
“Notarized documents which may serve as a basis for compulsory enforcement pursuant to the Notary Act.”
✨ Plain Explanation: If a lease agreement is notarized and meets legal requirements, disputes can be enforced directly through compulsory enforcement without first going through litigation.
⚖️ Legal Source: Compulsory Enforcement Act Article 4 – Law.moj.gov.tw
Notary Act, Article 13, Paragraph 1, Subparagraphs 1 and 3 :
“A notarized instrument prepared by a notary at the request of the parties, specifying that it may serve as a basis for compulsory enforcement, may be enforced pursuant thereto in the following cases:
1. Where the subject matter is the delivery of a specified sum of money, substitute goods, or negotiable securities.
3. Where a lease or loan for use of a building or other structure provides for a fixed term and requires return upon expiration.”
✨ Plain Explanation: If the lease includes terms like rent payment or returning the property at the end of the lease, and specifies compulsory enforcement, enforcement can proceed directly without a lawsuit.
⚖️ Legal Source: Notary Act Article 13 – Law.moj.gov.tw
Notary Act, Article 13, Paragraph 2 :
“The notarized instrument referred to in the preceding paragraph shall also be effective against successors of the parties and persons who possess the subject matter on behalf of the parties or their successors after the instrument is made.”
✨ Plain Explanation: Even if ownership changes or rights are transferred, the notarized lease remains valid and enforceable.
⚖️ Legal Source: Notary Act Article 13 – Law.moj.gov.tw
Enforcement Rules of the Notary Act, Article 54, Paragraph 2 :
“Where an application is made by an agent, or where an agent, with the consent of the applicant, represents both parties or acts between the agent and the applicant, the notary may, if deemed necessary, notify the applicant to appear in person; if the applicant fails to appear, the notary may refuse the application.”
✨ Plain Explanation: Although an agent can handle the process, the notary may still require the actual parties to appear in person.
⚖️ Legal Source: Enforcement Rule of the Notary Act Article 54 – Law.moj.gov.tw
Where Can You Get a Lease Notarized?
There are two options:
- Court notary offices
- Private notaries
Both have the same legal effect.
The main difference lies in convenience and location, and both must follow the Judicial Yuan’s standard fee schedule.
🔮 Official Source: Judicial Yuan – Lease Notarization Procedure
What Is the Notarization Process?
According to the Judicial Yuan, the process generally includes:
- Submit a notarization application form
- Prepare required documents
- Notary reviews the contract
- Verify identities and intent of both parties
- Pay fees and complete notarization
Most cases can be completed on the same day.
Who Needs to Be Present?
Typically required:
- Landlord
- Tenant
- Joint guarantor (if any)
If unable to attend, an agent may be appointed.
👉 Both parties cannot appoint the same agent.
What Documents Are Required?
- ID and seal
- Lease agreement (at least 3 copies)
- Property ownership certificate
- Latest property tax bill
- Company registration documents (if applicable)
How Are Notarization Fees Calculated?
Fees follow a standardized schedule set by the Judicial Yuan.
📌 Calculation Method
Compare two amounts and use the higher:
- Total rent + deposit
- Assessed property value + deposit
Example:
Method 1:
20,000 × 12 + 40,000 = 280,000
Method 2:
150,000 + 40,000 = 190,000
👉 Use 280,000 as the calculation base.
Under the fee schedule:
“Exceeding NT$200,000 up to NT$500,000” → NT$2,000
If compulsory enforcement is included:
👉 Add 1/2 → NT$3,000
Actual fees depend on the case and whether compulsory enforcement is included.
🔮 Official Source: Judicial Yuan – Notarization Fee Schedule
Common Scenarios: Why Many People Choose Notarization
📌 Tenant fails to pay rent
→ With notarization: direct enforcement
→ Without: litigation required
📌 Tenant refuses to vacate
→ With notarization: faster enforcement
→ Without: longer process
📌 Property transfer
→ Notarized lease remains valid
Important Details to Note
- Lease start date cannot be earlier than notarization date
- Same-day or later start is allowed
- Notary may require personal appearance
- On-site inspection may be conducted if necessary
🦋 Related Read: Why Should Landlords and Tenants Notarize a Lease in Taiwan?
🌙 Related Read: Can a Landlord Require a Guarantor in Taiwan? Can a Tenant Refuse?
🌿 Related Read: How to Prevent Your Lease from Becoming Non-Fixed-Term in Taiwan?
💫 Related Read: Are Digital and Electronic Signatures Legally Valid in Taiwan?
Conclusion
Notarization is not mandatory, but it plays a critical role in managing risk in rental relationships.
Its value lies not at signing, but when disputes arise.
The cost is relatively low,
but it provides strong legal enforceability.
For landlords, it reduces risk and increases control.
For tenants, it clarifies rights and obligations.
Many people only realize its importance after a dispute.
But in reality, it is a decision that can be made from the very beginning.
