When a rental dispute arises, many landlords immediately think:
"Do I have no choice but to go to court?"
However, once a dispute actually reaches the litigation stage, another problem often appears:
Many landlords do not know how to draft a complaint, what evidence should be prepared, or even what claims should be made before the court.
In reality, the outcome of most rental lawsuits is often determined not by what is said during the hearing, but by whether the claims and supporting evidence have been properly organized before the lawsuit is filed.
If negotiations, demand letters, and even mediation have failed to resolve the dispute, understanding the basic court process and common legal claims becomes the next important step.
What Does the Law Say?
Civil Code Article 767, Paragraph 1:
“An owner may demand the return of his property from a person who possesses or usurps it without authority. Against a person who interferes with his ownership, he may demand the removal of such interference. Where there is a likelihood of interference with his ownership, he may demand prevention thereof.”
✨ Plain Explanation: As the owner of the property, a landlord may demand the return of the property if a tenant no longer has a lawful right to occupy it but continues to remain in possession.
⚖️ Legal Source: Civil Code Article 767 – Law.moj.gov.tw
Civil Code Article 455:
“Upon termination of the lease relationship, the lessee shall return the leased property. If the leased property is productive property, it shall be returned to the lessor in a condition capable of maintaining its productivity.”
✨ Plain Explanation: When a lease expires or is terminated, the tenant has a legal obligation to return the property. If the tenant refuses to leave, the landlord may seek the return of the leased premises.
⚖️ Legal Source: Civil Code Article 455 – Law.moj.gov.tw
Civil Code Article 179:
“A person who has received a benefit without legal ground at the expense of another shall return such benefit. The same shall apply where the legal ground originally existed but subsequently ceased to exist.”
✨ Plain Explanation: If a lease has already ended but the tenant continues using the property, the tenant may be receiving a benefit without legal basis. In that situation, the landlord may seek compensation equivalent to rent as unjust enrichment.
⚖️ Legal Source: Civil Code Article 179 – Law.moj.gov.tw
Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract:
“Where the tenant fails to return the rental housing in accordance with the preceding paragraph, the landlord shall expressly state that the lease shall not continue as a Non-Fixed-Term Lease, and may claim from the tenant an amount equivalent to the monthly rent for the period during which the rental housing is not returned, together with liquidated damages calculated based on the equivalent monthly rent amount (pro-rated on a daily basis for any period shorter than one month) until the property is returned.”
✨ Plain explanation: If a tenant refuses to return the property after the lease has ended, the landlord may be able to claim not only compensation equivalent to rent, but also liquidated damages under the lease and applicable regulations.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
What Procedures Does a Rental Dispute Usually Go Through After Reaching Court?
Many people get their impression of court proceedings from television dramas, imagining constant hearings, heated arguments, and judges asking complicated legal questions.
In reality, most civil cases follow a structured process. The time-consuming part is usually gathering evidence and exchanging legal documents rather than repeatedly appearing in court.
A rental dispute will generally go through the following stages:
① Filing the Lawsuit
The landlord files a complaint with the court that has jurisdiction and pays the required court fees.
The court then serves a copy of the complaint on the tenant.
② Response and Mediation
The tenant may submit a written response explaining his or her position.
Some courts may also arrange mediation in an attempt to resolve the dispute before formal trial proceedings.
③ Preparatory Proceedings
Both parties submit evidence and exchange written pleadings.
Documents such as lease agreements, payment records, demand letters, and Line chat records may become important evidence.
④ Oral Arguments (Court Hearing)
The judge hears arguments from both sides and reviews the evidence to determine the facts of the case.
If the issues are straightforward, only a limited number of hearings may be necessary.
⑤ Judgment
After reviewing the case, the court issues a judgment and serves it on both parties.
If either party disagrees with the outcome, an appeal may be filed according to law.
⑥ Compulsory Enforcement
If the landlord obtains a final judgment and the tenant still refuses to comply, the landlord may apply for compulsory enforcement.
In many cases, the outcome becomes clear during the evidence stage rather than during the courtroom hearing itself. Preparing evidence thoroughly is often more important than worrying about what to say in court.
🔮 Official Source: Judicial Yuan – Civil Litigation Procedure
Before Filing a Lawsuit, Decide What You Want the Court to Do
Many landlords simply say:
"I want to sue the tenant."
However, courts do not decide who is "more reasonable."
Instead, courts decide what legal obligations one party must perform for the other.
Before filing a lawsuit, landlords should identify their objectives.
Common claims include:
📌 Return of the Property
📌 Payment of Unpaid Rent
📌 Compensation for Unjust Enrichment Equivalent to Rent
📌 Liquidated Damages
Some cases involve only one of these claims, while others involve several at the same time.
Many rental disputes include claims for property return, unpaid rent, unjust enrichment, and liquidated damages simultaneously, depending on the circumstances.
Common Claim No. 1: Return of the Property
If the lease has expired or been terminated and the tenant continues occupying the property, the landlord's primary goal is usually to recover possession.
Common legal grounds include:
- Ownership-Based Property Return Claim under Article 767 of the Civil Code
- Return of Leased Property Claim under Article 455 of the Civil Code
Although both claims may be used, they are legally different in nature.
Many cases assert both claims in order to maximize protection and flexibility during enforcement.
Common Claim No. 2: Unpaid Rent
If the tenant failed to pay rent while the lease remained in effect, the landlord may seek payment according to the lease agreement.
For example:
- Rent for March unpaid
- Rent for April unpaid
- Rent for May unpaid
These amounts remain contractual rent obligations.
However, such claims generally only extend until the lease expires or is terminated.
Common Claim No. 3: Compensation Equivalent to Rent as Unjust Enrichment
This is one of the areas that often causes confusion.
If the tenant continues living in the property, why not simply continue charging rent?
The answer is that once the lease has been terminated, the lease relationship no longer exists.
Without an existing lease, rent can no longer be claimed under the contract.
However, because the tenant continues receiving the benefit of occupying the property, the landlord may seek compensation for unjust enrichment under Article 179 of the Civil Code.
For example:
Monthly rent: NT$20,000
Tenant remains in possession for 3 months after termination.
The landlord may seek NT$60,000 as unjust enrichment equivalent to rent.
Common Claim No. 4: Liquidated Damages
Many lease agreements provide that a tenant who refuses to vacate after termination must pay liquidated damages.
Such provisions are common in practice.
However, courts are not required to enforce the exact amount stated in the contract.
Under Article 252 of the Civil Code:
"Where the agreed amount of liquidated damages is excessively high, the court may reduce it to a reasonable amount."
Therefore, even if a lease provides for several times the monthly rent as liquidated damages, the court may reduce the amount depending on the circumstances.
Nevertheless, under the current Standard Form Rental Housing Contract requirements, landlords have a relatively clear legal basis for claiming liquidated damages calculated based on the monthly rent amount.
Can Attorney Fees and Litigation Costs Be Recovered?
Some lease agreements state that litigation expenses and attorney fees arising from a breach must be borne by the breaching party.
Whether such clauses will be fully enforced depends on the circumstances of each case.
Courts often consider:
- The wording of the lease agreement
- Whether retaining legal counsel was reasonably necessary
- Whether the fees are reasonable
As a result, not all expenses will necessarily be recoverable in full.
👽 Related Read: Why Should Landlords and Tenants Notarize a Lease in Taiwan?
🌍 Related Read: How to Get a Lease Notarized in Taiwan: What Landlords and Tenants Should Know
🪐 Related Read: How to Prevent Landlords or Tenants From Swapping or Altering Lease Agreements in Taiwan
🚀 Related Read: Do Rental Disputes Always Need Court?
Conclusion
When a rental dispute reaches court, it usually means that negotiation and mediation have failed.
However, the most important step is not rushing to file a lawsuit. Instead, landlords should first determine exactly what they want the court to accomplish.
Is the goal to recover possession of the property? Collect unpaid rent? Claim unjust enrichment? Seek liquidated damages?
Once those objectives are clearly defined, landlords can begin organizing lease agreements, notices, payment records, and other evidence. Whether or not legal counsel is retained, this preparation will make the litigation process much smoother.
Understanding the court process is important, but understanding what rights and claims are available is even more important. Doing so helps landlords approach rental disputes with a clear strategy and better protect their legal interests.
