The rent due date arrives, yet no payment appears in the account. Messages are read but unanswered, while the tenant continues to live in the property. Seeing the lights on every day while the rent remains unpaid naturally creates mounting pressure.
Many landlords instinctively consider immediate actions—changing the locks or cutting off utilities to force the tenant out.
But one thing must be made clear first.
A tenant’s failure to pay rent does not give the landlord the right to remove them by force.
The boundary is not emotion, but legal procedure.
What Does the Law Say?
Civil Code Article 440:
“1. Where the lessee delays payment of rent, the lessor may set an appropriate period and demand the lessee to make payment of the rent; if the lessee fails to make payment within such period, the lessor may terminate the contract.
2. Where the leased property is a house, the total amount of overdue rent must reach the equivalent of two months’ rent before termination may be made pursuant to the preceding paragraph. Where rent is agreed to be paid at the beginning of each term, termination may only be made after the delay exceeds two months..”
✨ Plain explanation: When a tenant pays rent late, the landlord cannot terminate the lease immediately. The landlord must first issue a formal demand for payment and give a reasonable deadline. Only if the tenant still fails to pay within that period may the lease be terminated. For residential properties, there is an additional threshold — the total unpaid rent must accumulate to two months before termination is allowed. A short delay or a small amount is not sufficient.
⚖️ Legal Source: Civil Code Article 440 – Law.moj.gov.tw
Land Act Article 100, Subparagraph 3:
“Unless one of the following circumstances exists, the lessor may not recover the house:
3. Where the lessee’s accumulated unpaid rent, after deduction of the security deposit for set-off, reaches two months or more.”
✨ Plain explanation: Under the older legal framework, landlords generally had to deduct the security deposit first, and the remaining unpaid rent still had to reach two months before the property could be recovered. In other words, the termination standard was stricter. Although modern residential leases mainly follow the Rental Housing Act, this provision remains a historical reference in practice.
⚖️ Legal Source: Land Act Article 100 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 10, Paragraph 1, Subparagraph 2 and Paragraph 2:
“Where the lessee delays payment of rent or expenses and the amount reaches the equivalent of two months’ rent, and still refuses payment after being given an appropriate period by demand, the lessor may terminate the lease contract in advance.
Where the lessor terminates the lease contract in advance pursuant to the preceding paragraph, the lessor shall provide written notice to the lessee thirty days prior to termination.”
✨ Plain explanation: This is now the primary rule for residential leases. Once unpaid rent or related fees reach two months and the tenant still refuses to pay after formal notice, the landlord may terminate the lease early. However, even when the legal conditions are met, the landlord must still give a written 30-day notice. Immediate eviction is not permitted.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 10 – Law.moj.gov.tw
Most Late Payments Are Simply Delays
In practice, many cases are not serious at the beginning. Some tenants forget to transfer the money, some receive their salary late, and sometimes bank processing causes delays. A simple reminder often resolves the issue the same day.
Renting is a long-term relationship, not a one-time transaction. Problems that can be solved through communication are usually easier than legal action. Many disputes end at this stage.
The Real Key: Notice and Evidence
The real problem begins when the tenant repeatedly delays payment. At that point, the issue is no longer just rent—it becomes legal risk.
In court, what matters is not who feels wronged, but whether proper procedures were followed:
- Was a formal notice given?
- Was a reasonable deadline provided?
- Is there written evidence?
Without these, even a legitimate claim may fail.
This is why certified legal notices are recommended. Their purpose is not intimidation, but documentation. What truly protects landlords is evidence, not emotion.
Termination Thresholds and Legal Red Lines
Only when unpaid rent accumulates to two months and notice has been properly given does the landlord obtain the right to terminate the lease.
Even then, self-help actions are not allowed.
Landlords have ownership rights, but not enforcement rights. If the tenant refuses to leave, recovery must be done through court judgment and compulsory enforcement.
Changing locks, cutting utilities, or forcing entry may constitute criminal offenses such as coercion, trespass, or property damage.
What begins as a civil dispute can quickly become a criminal case.
Shortcuts often slow things down. Following the legal process is usually faster.
Proper Procedure and Alternatives
Standard Process
- Send a friendly reminder to confirm payment status
- Send the first certified notice demanding payment
- After two months of arrears, send written termination notice
- If the tenant still refuses to leave, pursue court action and enforcement
There is no secret tactic—only completing each legal step properly.
Alternatives to Litigation
- Local mediation committees (free)
- Government rental dispute mediation under the Rental Housing Act (free)
These options often resolve disputes faster and at lower cost than court.
🏴☠️ 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? Can the Lease Allow It?
🏝️Related Read: If a Tenant Refuses to Pay Rent or Move Out, Can the Landlord Cut Off Water, Power, or Change the Locks in Taiwan?
⚓ Related Read: Can Landlords Terminate a Lease Early in Taiwan? What Situations Count as Legal Termination?
Conclusion
The greatest risk in rent arrears is not the unpaid money itself, but improper handling.
When notices, documentation, and procedures are properly followed, the property can always be lawfully recovered.
Procedure—not emotion—is the landlord’s strongest protection.
