When tenants fail to pay rent or refuse to move out, it’s one of the most frustrating situations landlords face. Among all rental disputes, “tenants not paying rent” is by far the most common.
Many landlords, in anger or desperation, consider taking “self-help” measures — such as cutting off water or electricity, changing locks, blocking entrances, or even throwing out the tenant’s belongings — hoping to force them to move out.
But are these actions legal? In fact, they can lead to criminal liability and prosecution.
What Does the Law Say?
Civil Code Article 440: Delayed Rent Payment and Contract Termination
“If the lessee delays payment of rent, the lessor may fix a reasonable period and demand payment. If the lessee fails to pay within that period, the lessor may terminate the contract.”
✨ Plain Explanation: A landlord can only reclaim a property after proper written notice and termination, not through force. If the tenant is behind on rent for two months or more, the landlord may issue a written demand (for example, allowing seven days to pay). If the tenant still doesn’t pay, the landlord may terminate the lease — but if the tenant refuses to move out, the landlord must file a lawsuit and go through court enforcement, rather than acting alone.
⚖️ Legal Source: Civil Code Article 440 – Law.moj.gov.tw
Criminal Code Article 304: Coercion
“A person who uses violence or threats to compel another to do or not to do an act not obligated by law, or to obstruct another from exercising rights, shall be punished with imprisonment of up to three years, detention, or a fine of up to NT$9,000.”
✨ Plain Explanation: It’s not only physical assault that counts as coercion.
If a landlord uses physical means — such as changing locks, cutting water or electricity — to restrict a tenant’s access or right to live in the property, it can constitute the crime of coercion. For example, intentionally changing the door lock so the tenant can’t enter, or cutting off utilities to make the tenant’s life unbearable — both are considered “unlawful use of force against property” that interferes with others’ rights.
⚖️ Legal Source: Criminal Code Article 304 – Law.moj.gov.tw
Criminal Code Article 306 – Trespassing
“A person who, without justification, enters another’s residence, building, or enclosed land or ship shall be punished with imprisonment of up to one year, detention, or a fine of up to NT$9,000.”
✨ Plain Explanation: Even though the landlord owns the property, once it is leased out, the tenant has the legal right of residence and use. If the landlord enters the property, removes belongings, or changes locks without the tenant’s consent, it may constitute the crime of trespassing.
⚖️ Legal Source: Criminal Code Article 306 – Law.moj.gov.tw
What Should Landlords Do If Tenants Refuse to Pay or Move Out?
Proper steps for landlords:
- Send a written demand (preferably via registered mail or email).
- Give a reasonable deadline (usually seven days or more).
- If the tenant still doesn’t pay, you may terminate the lease according to law.
- If the tenant refuses to move out, file an eviction lawsuit and let the court enforce it.
🧛🏻 Reminder:
The law does not forbid landlords from protecting their rights — but it forbids taking justice into their own hands.
Even if it’s your own property, you can’t use threats or physical force to remove a tenant.
🌕 Related Read: Can Landlords Enter Rental Units Without Permission in Taiwan?
🐺 Related Read: Can a Landlord Enter a Tenant’s Room for Inspection or Evidence Collection in Taiwan?
🦇 Related Read: Can Tenants Change the Locks in Taiwan?
If a Tenant Temporarily Can’t Pay Rent…
Sometimes tenants can’t pay rent due to sudden hardship — job loss, illness, or family emergencies. In that case:
- Notify the landlord as soon as possible;
- Propose a clear repayment plan;
- Put everything in writing to avoid misunderstanding.
Landlords, on the other hand, should maintain open and calm communication. A rational discussion is always better than escalating conflict — it preserves both trust and reputation.
Why “Self-Help” Actions Are Illegal
In law, self-help (also called private relief) refers to actions taken in urgent situations when one cannot immediately seek help from public authorities, to protect one’s own legal rights.
Although this concept is recognized under limited circumstances (like self-defense or emergency necessity), it does not apply to rental disputes.
In other words, a landlord cannot claim “self-help” as justification for cutting utilities or changing locks.
Taiwan’s legal system emphasizes procedural justice — Even if you are the rightful owner, you must enforce your rights through proper legal channels.
If a landlord cuts off water or electricity, changes locks, or seals the property, they risk:
- The tenant reporting to the police;
- Investigation under Criminal Code Articles 304 and 306;
- Being prosecuted and possibly ending up with a criminal record.
Rather than turning from victim into defendant, it’s always wiser to handle the matter through lawful means.
Conclusion: The Best Protection Is to Follow the Law
Unpaid rent is indeed stressful, but cutting utilities or changing locks is never the answer.
The correct legal steps are:
📿 Friendly communication → Reminder → Demand Notice → Lease Termination → Lawsuit → Court Enforcement
This process not only protects your property rights but also keeps you safe from legal trouble.
Instead of exhausting yourself trying to intimidate your tenant, let the courts and judges handle it — lawfully, calmly, and fairly.
Remember: The law does not favor tenants or landlords; it protects both sides equally through procedural justice.
