After moving into a rental property, the tenant discovers water leaking from the ceiling, mold spreading across the walls, or frequent power outages that leave the air conditioner and refrigerator unusable.
Many tenants contact the landlord as soon as these problems appear. However, some landlords simply reply, "I'll check it later," or "I'll find someone next week," only for weeks to pass without any repairs.
Can tenants hire someone to fix the problem themselves? Can they request a rent reduction? If the defects seriously affect the safety or habitability of the property, can they terminate the lease early?
The answers can be found in the Civil Code and the Rental Housing Market Development and Regulation Act. Let's begin with what the law says.
What Does the Law Say?
Civil Code Article 423:
“The lessor shall deliver to the lessee the leased property in a condition fit for the agreed use and enjoyment, and shall maintain it, during the continuance of the lease, in a condition fit for the agreed use and enjoyment.”
✨ Plain explanation: A landlord's responsibility does not end after handing over the keys.
Throughout the lease term, the landlord is generally responsible for keeping the rental property in a condition suitable for normal residential use.
If problems such as water leaks, mold, or recurring electrical failures interfere with ordinary living, the landlord is generally responsible for making the necessary repairs.
⚖️ Legal Source: Civil Code Article 423 – Law.moj.gov.tw
Civil Code Article 430:
“Where the leased property requires repair during the continuance of the lease and such repair is to be borne by the lessor, the lessee may fix a reasonable period and request the lessor to make the repair. If the lessor fails to make the repair within such period, the lessee may terminate the lease, or make the repair himself or herself and demand reimbursement of the expenses from the lessor, or deduct such expenses from the rent.”
✨ Plain explanation: If the landlord is legally responsible for repairs, tenants should not immediately hire a contractor without first notifying the landlord.
The proper approach is to notify the landlord in writing and provide a reasonable deadline for repairs. If the landlord still fails to repair the property within that period, the tenant may legally:
- Terminate the lease early.
- Arrange the repairs and request reimbursement from the landlord.
- Deduct the repair costs from the rent.
⚖️ Legal Source: Civil Code Article 430 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 8, Paragraph 3:
“If the repair responsibility lies with the lessor and the lessor fails to carry out the repairs within the period set by the lessee, the lessee may repair it himself and request reimbursement from the lessor, or deduct the cost from the agreed rent.”
✨ Plain explanation: The Rental Housing Market Development and Regulation Act reinforces this rule.
If the landlord is responsible for repairs but still fails to fix the problem after being given a reasonable deadline, the tenant may arrange the repairs, request reimbursement from the landlord, or legally deduct the repair expenses from the rent.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 8 – Law.moj.gov.tw
Civil Code Article 424:
“Where the leased property is a house or other premises intended for residence, and a defect therein endangers the safety or health of the lessee or persons living together with the lessee, the lessee may terminate the contract even if the lessee knew of such defect at the time the contract was concluded or had waived the right to terminate the contract.”
✨ Plain explanation: If severe water leaks lead to extensive mold, or aging electrical wiring causes repeated power outages that threaten the occupants' safety or health, the tenant may still terminate the lease.
This is true even if the tenant knew about the defect before signing the lease or previously agreed to waive the right to terminate the lease.
⚖️ Legal Source: Civil Code Article 424 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 11:
“If any of the following circumstances occur during the lease period, the tenant may terminate the lease early, and the landlord may not request any compensation:
1. Long-term medical treatment is required due to illness or accident.
2. The leased residence is unfit for residential use and requires repairs, and the landlord fails to repair it within a reasonable period after notice.
3. Part of the leased residence is destroyed for reasons not attributable to the tenant, making continued residence impracticable.
4. A third party asserts rights over the leased residence that prevent the agreed residential use.”
✨ Plain explanation: If the rental property is no longer suitable for residential use and the landlord fails to complete the necessary repairs after being given a reasonable deadline, the tenant may legally terminate the lease early without paying any penalty or compensation.
Under the Rental Housing Market Development and Regulation Act, tenants generally must provide the landlord with written notice and supporting evidence at least 30 days before terminating the lease. However, if the property already poses a serious risk to the occupants' safety or health, Civil Code, Article 424 may also apply depending on the circumstances.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 11 – Law.moj.gov.tw
What Should Tenants Do if There Is a Water Leak, Mold, or Frequent Power Outages?
Many people's first reaction is to stop paying rent altogether. However, this can actually put the tenant in a weaker legal position.
A better approach is to handle the situation in the following order:
- Document the problem. Take photos and videos of the water leaks, mold, power outages, and any resulting damage.
- Notify the landlord in writing. Use LINE, text messages, email, or another method that creates a written record. Clearly explain the problem and provide a reasonable deadline for repairs, such as 7 to 14 days.
- Keep all evidence. Save chat records, photographs, videos, repair quotations, invoices, and receipts, as they may become important evidence if a dispute arises later.
Most importantly, tenants should not simply refuse to pay the entire rent. Failing to follow the proper legal procedure could allow the landlord to claim that the tenant is in rent arrears, potentially leading to additional legal disputes.
What Rights Do Tenants Have if the Landlord Refuses to Repair?
If the landlord still fails to make the necessary repairs within a reasonable period, tenants may generally have the following legal rights:
- Terminate the lease early. If the property is no longer suitable for normal residential use, the tenant may legally terminate the lease without paying an early termination penalty.
- Arrange the repairs personally. The tenant may hire a qualified contractor, then request reimbursement from the landlord or deduct the repair expenses from the rent as permitted by law.
- Request a rent reduction. If the defects substantially reduce the property's habitability—for example, if part of the home becomes unusable—the tenant may also have grounds to request a proportionate reduction in rent.
Who Is Responsible? Can Tenants Claim Compensation for Damaged Belongings?
Not every repair issue is automatically the landlord's responsibility.
If the problem is caused by normal aging of the building, leaking pipes, water intrusion through exterior walls, or naturally worn-out equipment, the landlord is generally responsible for making the repairs.
However, if the damage was caused by the tenant's own actions—for example, accidentally drilling into a water pipe or improperly using household equipment—the tenant may be responsible for the repair costs.
In addition, if the landlord unreasonably delays repairs and the damage continues to worsen, causing damage to furniture, clothing, household appliances, or electronic devices, the tenant may also have the right to claim compensation, provided they can demonstrate that the landlord's failure to repair the property caused the additional loss and they have preserved sufficient supporting evidence.
Common Examples
🏠 Example 1: Bathroom Leak for Six Months
The tenant repeatedly notifies the landlord about a leaking bathroom ceiling, but the landlord continually responds, "I'll arrange it next month." As time passes, mold spreads across the walls and the damage becomes increasingly severe.
If the tenant has already given the landlord a reasonable deadline to make repairs and the landlord still fails to act, the tenant may legally arrange the repairs, seek reimbursement, or terminate the lease if appropriate.
⚡ Example 2: Repeated Power Outages Whenever the Air Conditioner Is Turned On
Every evening, the power trips whenever the air conditioner is switched on, leaving both the air conditioner and refrigerator unusable and creating potential safety concerns.
If the landlord refuses to repair the electrical system, the tenant may exercise the legal remedies discussed above. If the condition has become dangerous to the occupants' safety or health, the tenant may also qualify to terminate the lease under applicable law.
🦄 Related Reading: Can Tenants Repair on Their Own in Taiwan?
🌈 Related Reading: Can Tenants Terminate a Lease Early in Taiwan?
🦋 Related Reading: Landlord Won't Return the Security Deposit in Taiwan?
🌠 Related Reading: Who Is Responsible When the Air Conditioner, Water Heater, or Refrigerator Breaks in Taiwan?
Conclusion
When problems such as water leaks, mold, or recurring power outages occur, the law does not require tenants to simply endure them. If the issue falls within the landlord's repair responsibilities, tenants have the legal right to require the landlord to complete the necessary repairs within a reasonable period.
What matters most is not whether the landlord fixes the problem immediately, but whether the tenant follows the proper legal procedure. By documenting the damage, notifying the landlord in writing, and preserving all relevant evidence, tenants may be able to legally arrange repairs, deduct repair costs from the rent, request a rent reduction, or even terminate the lease early while protecting their legal rights.
