When searching for a rental property, many people see a real estate agent or brokerage company showing the property and immediately assume:
“So does that mean the lease is signed with the agent?”
In reality, that is usually not the case.
Even though many rental listings are handled by agents who arrange viewings, communicate with potential tenants, and assist with signing paperwork, the actual lessor is often still the landlord.
Because of this, many tenants only realize after moving in that questions such as these can become confusing:
Who handles repairs if the air conditioner breaks?
Who is responsible for deposit disputes?
Should early termination discussions be made with the agent or the landlord?
The answer often depends on whether the arrangement is “agency leasing” or “subleasing.”
What Does the Law Say?
Civil Code Article 443, Paragraph 1:
“The lessee shall not sublease the leased property to another person without the consent of the lessor. However, where the leased property is a house, unless there is an agreement to the contrary, the lessee may sublease a part thereof to another person.”
✨ Plain Explanation: The original rules under the Civil Code were relatively more flexible. If the landlord did not specifically prohibit it, a tenant could sublease part of the property to another person.
⚖️ Legal Source: Civil Code Article 443 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 9:
“1. A sublessor shall obtain the lessor’s written consent before subleasing all or part of the leased residential property.
2. When entering into a sublease agreement, the sublessor shall provide the sublessee with the written consent document referred to in the preceding paragraph, and shall specify in the sublease agreement the scope and term of the lease with the lessor, as well as the grounds upon which the lease agreement may be terminated.
3. The sublessor shall notify the lessor in writing within thirty days after entering into the sublease agreement.”
✨Plain Explanation: If a rental company or secondary landlord wants to sublease a property, written consent from the original owner is required first.
When signing the sublease agreement, supporting documents should also be provided to the subtenant instead of relying only on verbal claims.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 9 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 10, Paragraph 1, Subparagraph 3:
“Where any of the following circumstances occurs during the lease period, the lessor may terminate the lease contract in advance, and the lessee may not request any compensation:
3. The lessee subleases the residential property to another person without the written consent of the lessor.”
✨ Plain Explanation: If a tenant privately subleases the property without the landlord’s permission, the landlord may immediately terminate the lease, and the tenant cannot demand compensation.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 10 – Law.moj.gov.tw
Mandatory Provisions to be Included in and Prohibitory Provisions of the Standard Form Rental Housing Contract:
“The lessee shall obtain the consent of the lessor before subleasing, lending, or otherwise allowing another person to use all or part of the leased residential property, or transferring the leasehold right to another person.”
✨ Plain Explanation: The government’s official lease template makes this even clearer. A tenant generally cannot sublease, lend, or allow others to use the property without the landlord’s approval.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
Real Estate Brokerage Management Act, Article 19, Paragraph 1:
“A brokerage enterprise or broker shall not collect any price difference or other remuneration. Where engaging in brokerage business, remuneration shall be charged in accordance with the standards prescribed by the central competent authority based on the actual transaction price or rent.”
✨ Plain Explanation: The law prohibits brokerage companies from secretly profiting through price differences or charging arbitrary fees.
If a brokerage service fee is charged, it must follow the official fee standards established by the government.
⚖️ Legal Source: Real Estate Brokerage Management Act Article 19 – Law.moj.gov.tw
Regulations Governing the Charging Standards of Real Estate Brokerage Service Fees, Article 1 :
“The total amount of remuneration collected by a real estate brokerage enterprise or broker from either or both parties to a sale, purchase, or lease transaction shall not exceed six percent of the actual transaction price or one and one-half months’ rent.”
✨ Plain Explanation: The law also sets a maximum limit for brokerage service fees.
Agents may collect fees from the landlord, the tenant, or both parties, but the total amount cannot exceed one and a half months’ rent.
A common arrangement in practice is:
- The landlord pays one month’s rent
- The tenant pays half a month’s rent
Together, the total equals one and a half months’ rent.
⚖️ Legal Source: Ministry of the Interior – Regulations Governing the Charging Standards of Real Estate Brokerage Service Fees
In Most Agency Leasing Cases, the Lease Is Still Signed With the Landlord
A typical rental process often looks like this:
- The landlord hires an agent to post advertisements
- The agent arranges property viewings
- The agent helps negotiate terms
- The agent assists with signing the lease
However, the actual lessor is usually still the landlord.
Because of this, the “Lessor” section of the lease agreement will normally contain the property owner’s name.
The agent mainly acts as an intermediary assisting with the transaction.
As a result, after moving in, issues such as:
- Equipment malfunctions
- Repair requests
- Deposit disputes
- Early termination
are still usually handled by the landlord rather than the agent, unless the landlord has separately hired a property management company.
The Biggest Difference Between Self-Rental and Agency Leasing Is Usually the Service Fee
If the landlord rents out the property personally, there is usually no brokerage service fee.
Many advertisements will specifically state:
- “Direct from Owner”
- “No Agents”
These are generally self-rental listings handled directly by the landlord.
Agency leasing, however, usually involves service fees.
Under the law, brokerage companies may charge one party or both parties, but the combined amount cannot exceed one and a half months’ rent.
A common example in practice is:
- The landlord pays one month’s rent
- The tenant pays half a month’s rent
However, the actual allocation may vary depending on the case, region, or brokerage company.
Therefore, before signing, tenants may wish to ask:
“Will there be a brokerage service fee, and who is responsible for paying it?”
This helps avoid unexpected charges at the final stage of signing the lease.
Agency Leasing and Subleasing Are Completely Different
This is one of the most commonly misunderstood issues in the rental market.
Agency Leasing
In agency leasing arrangements, the agent simply assists with the rental process.
This generally means:
- The lease is signed with the landlord
- Rent is paid to the landlord
- The landlord remains the primary contact after move-in
The agent mainly handles the pre-rental process.
Subleasing
Subleasing arrangements are different.
In these cases, a rental company or operator typically:
- First rents the property from the owner
- Then subleases it to another tenant
Under this structure:
- The lease may be signed with the rental operator
- The property owner may not be the direct contracting party
- Written consent for subleasing is required
The law also specifically requires supporting documents to be provided during the sublease process.
Before Signing, Confirm Who Actually Has the Right to Rent Out the Property
In practice, the biggest concern is not whether an agent is involved.
The real problem is when someone without the legal right to rent out the property collects deposits and signs lease agreements.
Before signing, it is best to confirm:
- Who is listed as the lessor on the lease
- Whether the person showing the property is an agent, landlord, or rental operator
- Whether they actually have the legal authority to rent out the property
If necessary, tenants may also request:
- Property ownership documents
- Authorization letters
- Written sublease consent documents
- The original lease agreement
Ultimately, the important issue is not who shows the property.
The real question is:
“Who actually has the legal right to sign this lease with the tenant?”
🎠 Related Read: What Are the Options for Renting Out Properties in Taiwan?
🎡 Related Read: What are the differences between master leasing, property management, and real estate brokerage in Taiwan?
🎪 Related Read: How to Choose: Independent Studio, Partitioned Studio, or Shared Room in Taiwan?
🃏 Related Read: Without Landlord’s Consent, Can Tenants Invite Others to Share Rent in Taiwan?
Conclusion
When people see a real estate agent showing a property, they often assume:
“So the lease must be signed with the agent, right?”
But in most agency leasing arrangements, the agent is only assisting with the rental process. The actual lessor is still usually the landlord. Issues such as repairs, deposits, and lease termination are also generally handled by the landlord.
The situation that requires more caution is subleasing. In those cases, the lease may not be signed directly with the property owner, but instead with a rental operator or sublessor. This makes it especially important to verify whether the sublease is legally authorized and whether the lease term is valid.
When renting a property, the person showing the unit is not the most important issue.
What truly matters is this:
“Does this person actually have the legal right to rent out the property?”
Taking a few extra minutes to verify that information before signing can prevent many unnecessary disputes later on.
