In rental practice, what people commonly refer to as a “problem tenant” is not necessarily someone with bad character. In reality, the situations that most often push landlords to seek legal advice usually fall into just two categories:
- Failure to pay rent, or
- Refusal to vacate after the lease has expired
If a situation arises where “the lease has clearly ended, yet the tenant is still occupying the property,” landlords should avoid changing locks or cutting off utilities in haste—
👉 as doing so can easily expose the landlord to legal liability instead.
Before discussing practical solutions, it is crucial to first understand one key issue:
What does the law actually say?
What Does the Law Say?
Civil Code Article 451:
“Where, after the expiration of the lease term, the lessee continues to use and derive benefits from the leased property, and the lessor does not immediately express an intention to object, the lease shall be deemed to continue as an non-fixed-term lease.”
✨ Plain explanation: After a lease expires, if the tenant continues to occupy the property and the landlord does not immediately object or demand that the tenant vacate, the law will directly deem the original fixed-term lease to have converted into a non-fixed-term lease.
This determination does not depend on whether the landlord subjectively agreed; it is a legal presumption.
Once a non-fixed-term lease is established, the landlord may no longer rely solely on lease expiration as grounds to require the tenant to move out.
⚖️ Legal Source: Civil Code Article 451 – Law.moj.gov.tw
Civil Code Article 440:
“1. Where the lessee delays payment of rent, the lessor may set a reasonable period and demand payment from the lessee; if the lessee fails to make payment within such period, the lessor may terminate the lease.
2. In the case of a lease of a residential building, termination pursuant to the preceding paragraph shall not be permitted unless the total amount of overdue rent reaches an amount equivalent to two months’ rent. Where rent is agreed to be payable at the beginning of each rental period, termination shall be permitted only after the delay in payment exceeds two months.”
✨ Plain explanation: When a tenant is late in paying rent, the landlord may not terminate the lease immediately. The landlord must first make a formal demand for payment and allow a reasonable period for payment.
For residential leases, there is an additional statutory threshold: unpaid rent must accumulate to at least two months’ rent before termination is permitted. Minor or short-term arrears do not meet this legal requirement.
⚖️ Legal Source: Civil Code Article 440 – Law.moj.gov.tw
Land Act Article 100:
“A lessor may not recover a house except under one of the following circumstances:
1. Where the lessor recovers the house for self-occupancy or reconstruction;
2. Where the lessee subleases the house to another person in violation of Paragraph 1 of Article 443 of the Civil Code;
3. Where the lessee is in arrears of rent in an amount exceeding two months’ rent after offsetting the security deposit;
4. Where the lessee uses the house for purposes in violation of laws or regulations;
5. Where the lessee breaches the lease agreement;
6. Where the lessee damages the house or attached property of the lessor and fails to provide appropriate compensation.”
✨ Plain explanation: When a lease relationship is deemed to be an non-fixed-term lease, the landlord may not arbitrarily recover the property and may do so only under the circumstances expressly listed by law.
In practice, the most commonly relied-upon grounds include recovery for owner occupancy, rent arrears exceeding two months, or contractual breaches by the tenant.
Accordingly, a landlord’s right to terminate an non-fixed-term lease is subject to stricter legal limitations.
⚖️ Legal Source: Land Act Article 100 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 10:
“1. Where any of the following circumstances occurs during the lease term, the lessor may terminate the lease in advance, and the lessee shall not be entitled to claim any compensation:
(1) The lessee damages the leased residential premises or ancillary equipment and fails to make repairs or provide appropriate compensation;
(2) The lessee delays payment of rent or fees in an amount equivalent to two months’ rent and, after a reasonable period is set for demand, still refuses to make payment;
(3) The lessee subleases the leased residential premises to another person without the lessor’s written consent;
(4) The lessor needs to recover the premises for reconstruction;
(5) Other circumstances under which early termination is permitted by law.
2. Where the lessor terminates the lease in advance pursuant to the preceding paragraph, the lessor shall, together with relevant supporting evidence, notify the lessee in writing within the following time limits:
(1) For termination under Subparagraphs 1 to 3 and 5 of the preceding paragraph, at least thirty days prior to termination;
(2) For termination under Subparagraph 4 of the preceding paragraph, at least three months prior to termination.”
✨ Plain explanation: This provision constitutes the core legal framework governing residential leases in Taiwan today.
Where any of the statutory grounds are met, the landlord may terminate the lease early, and the tenant is not entitled to compensation.
However, even where termination is legally permitted, the tenant may not be required to vacate immediately.
The law still requires the landlord to provide advance written notice:
- At least 30 days in general circumstances
- At least 3 months where recovery is required for reconstruction
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 10 – Law.moj.gov.tw
What Happens If the Lease Ends but the Tenant Does Not Leave?
Many landlords assume that once a lease expires, the tenant must vacate automatically.
In practice, the critical factor is whether the landlord promptly expressed objection.
Failure to do so may result in the lease being deemed non-fixed-term, making recovery of the property more complex.
Two Common Scenarios After Lease Expiration
Scenario 1: The Lease Was Notarized
If the lease was notarized, the non-breaching party may apply directly for compulsory enforcement without litigation, making this the most efficient option for landlords planning future recovery.
Scenario 2: The Lease Was Not Notarized (Most Common)
If the lease expires, the tenant remains, and the landlord does not act promptly, the relationship may convert into an non-fixed-term lease governed by statutory restrictions.
Actions Landlords Must Not Take
Even when a tenant fails to pay rent or refuses to vacate, landlords must not resort to self-help measures, including:
- Changing locks
- Cutting off water, electricity, or gas
- Entering the property to remove or discard belongings
Such actions may constitute criminal offenses, including coercion or trespass.
Proper and Lawful Handling Procedure
If a tenant remains after lease expiration or termination, landlords should proceed as follows:
- Send a formal notarized demand letter
- Apply for mediation through the local district office
- File a lawsuit for eviction (recovery of possession)
- Apply for compulsory enforcement after obtaining a final judgment
Additionally, if the tenant continues occupying the property after termination, the landlord may claim unjust enrichment equivalent to reasonable rent for the period of occupation, subject to court determination.
🏺 Related Read: What Is a Non-Fixed-Term Lease in Taiwan? A 3-Minute Guide to Tacit Renewal
📜Related Read: How to Prevent Your Lease from Becoming Non-Fixed-Term in Taiwan?
🧟♂️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: Tenant Not Paying Rent in Taiwan? The 2-Month Rule, Legal Notice Procedures, and How to Lawfully Recover Your Property
Conclusion
A tenant’s refusal to vacate after lease expiration can be highly stressful for landlords. However, acting hastily or improperly often increases legal risk. The law requires formal notice, mediation, litigation, and enforcement not to favor either party, but to prevent escalation and abuse of rights. By following proper legal procedures step by step, landlords can ultimately recover their property while avoiding unnecessary liability. In rental disputes, proceeding carefully and lawfully is often the safest and most effective path.
