When a lease ends, many disputes do not start with the security deposit, but with a single sentence:
“This does not count as returning the property in its original condition.”
Tenants often feel confused:
“I only lived here for a while. I didn’t tear the place apart—why am I being asked to return it as if it were brand new?”
Landlords are equally puzzled:
“The walls are dirty, the equipment is worn, and even the white plastic shells of appliances have yellowed. Isn’t this damage caused by the tenant?”
The problem is that many people misunderstand what “returning in original condition” actually means under the law.
The law does not require tenants to return a property in brand-new condition—but it also does not mean that anything goes.
In the previous article, we explained the move-out inspection process.
In this article, we take a deeper look at the legal baseline and practical standards for “returning in original condition.”
What Does the Law Say?
Rental Housing Market Development and Regulation Act, Article 12:
“1. Upon termination of a residential lease, the return of the rental property shall be completed through a joint inspection of the property condition and attached equipment by both parties.
If one party fails to attend the inspection after being given reasonable notice by the other party, the inspection shall be deemed completed.
2. After the inspection, if personal belongings remain in the property and the tenant fails to retrieve them within a reasonable period after notice, the items shall be deemed abandoned.
Disposal costs may be deducted from the security deposit, and any shortfall may be claimed from the tenant.”
✨ 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
Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract:
“Upon termination of the lease relationship, the landlord shall promptly settle the rent and the related expenses agreed upon under Item 6, and shall jointly complete the inspection and handover of the condition of the premises and the attached equipment together with the tenant. The tenant shall return the leased residential property to the landlord and complete the removal of household registration or other required registrations.
If either party to the lease fails to attend the joint inspection, and after being given a reasonable period by the other party to do so still fails to attend, the inspection shall be deemed completed.
Where the tenant fails to return the leased residential property in accordance with the preceding paragraph, the landlord shall expressly state that the lease shall not continue as an open-ended lease and may claim from the tenant compensation equivalent to the monthly rent for the period during which the property is not returned, as well as liquidated damages calculated based on the same monthly rent (or prorated on a daily basis if less than one month), until the property is returned.
The foregoing amounts, together with any unpaid rent and related expenses agreed upon under Item 6, may be offset against the security deposit provided under Item 5, Paragraph 1. If the deposit is insufficient, the landlord may further claim payment of the outstanding balance or expenses from the tenant.”
✨ Plain explanation: The government’s standard lease provisions clearly define move-out responsibilities.
When the lease ends, the landlord settles accounts, the tenant returns the property, and both parties confirm the condition together.
If a tenant vacates but fails to return the property, the landlord may claim compensation for continued use, which may be deducted from the deposit..
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Civil Code Article 455:
“After the lease relationship terminates, the tenant shall return the leased property. If the leased property is productive, it shall be returned in a condition that preserves its productive function.”
✨ Plain explanation: The law does not require returning the property in brand-new condition. Instead, it requires returning property that is still functional and capable of normal use.
If the property or equipment has a use or income-producing function, it must be returned in working condition—not in a state where functionality has been lost under the excuse that it is “just old.”
⚖️ Legal Source: Civil Code Article 455 – Law.moj.gov.tw
Is “Returning in Original Condition” Required by Law?
The short answer is: No.
In legal practice, “restoring to original condition” does not mean returning the property to its brand-new state.
It means returning it in a condition consistent with the contract and normal use.
Normal wear and tear—such as yellowing walls, dimmer lighting, or signs of everyday use—is legally borne by the landlord.
A landlord may not demand full renovation or replacement solely because of reasonable depreciation.
When Is the Tenant Responsible for Repairs?
If damage goes beyond normal use, the situation changes.
Examples include graffiti, unauthorized drilling or wall fixtures, permanent alterations, or intentional damage to equipment.
In such cases, the tenant is responsible for repair or compensation before returning the property.
Renovations: The Key Issue Is How the Property Is Returned
If a tenant performs interior renovations or structural modifications during the lease, the critical issue is not the renovation itself, but whether the landlord’s consent was obtained and the return method was clearly agreed upon in the contract.
In practice, there are only two return methods:
1️⃣ Restoration to Original Condition
The tenant must remove renovations and restore the property to its original state.
2️⃣ Return in As-Is Condition
The property is returned with existing renovations intact, without removal or restoration.
“As-is return” is the correct legal and contractual term—not merely a casual expression.
Failure to clearly agree on this point often leads to disputes and may even involve claims for improvement expenses.
To Avoid Disputes, Preserve Complete Evidence During Inspection
Most disputes arise not from unclear law, but from a lack of evidence at inspection.
During move-in and move-out, parties should follow the inspection checklist attached to the standard lease and preserve evidence item by item.
⚠️ Do not photograph only the highlights—document everything thoroughly.
Any item that raises concern or is listed in the lease or inspection form should be photographed or recorded.
Use photo or video tools that display timestamps, and document all rooms, walls, floors, doors, windows, and attached facilities in full detail.
When disputes arise, these records are often far more persuasive than verbal explanations.
🧚♀️ Related Read: Rental Handover Matters! How to Document Property Conditions and Avoid Disputes in Taiwan
🧝♀️ Related Read: Who Is Responsible for Rental Repairs in Taiwan?
🦄 Related Read: Can Tenants Renovate Their Rental in Taiwan?
🏰 Related Read: What Is the Move-Out Inspection Process in Taiwan?
Conclusion
“Returning in original condition” is not mysterious.
The law requires reasonable return after normal use, proper inspection, and clear agreement on return methods.
Complete inspections and thorough documentation can prevent many disputes before they begin.
