In the course of renting, equipment or facility breakdowns are almost commonplace: light bulbs stop working, the air conditioner won’t cool, the refrigerator malfunctions, or even pipes burst and tiles come loose. But who is ultimately responsible for the repairs—the landlord or the tenant? Many disputes arise from such issues, and some even end up in court. In fact, the law already provides clear regulations. As long as the responsibilities are clearly agreed upon in advance, most disputes can be avoided.
What Does the Law Say?
Civil Code Article 423:
“The lessor shall deliver to the lessee the thing leased in a condition fit for the use stipulated, and shall maintain it in such a condition during the continuance of the lease.”
✨ Plain explanation: The landlord must provide a property that meets the agreed purpose of the lease and keep it in usable condition throughout the rental period.
⚖️ Legal Source: Civil Code Article 423 – Law.moj.gov.tw
Civil Code Article 429:
“The repairs of the thing leased, unless otherwise agreed upon in the contract or unless there exists a customary practice to the contrary, shall be borne by the lessor. The lessee shall not refuse any necessary acts done by the lessor for the preservation of the thing leased.”
✨ Plain explanation: Repairs are generally the landlord’s responsibility, unless the contract specifies otherwise or there is a local custom. If the landlord needs to carry out necessary repairs to preserve the property, the tenant cannot refuse.
⚖️ Legal Source: Civil Code Article 429 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 8, Paragraph 2:
“Before signing a lease, the lessor shall explain to the lessee which items and scope of repairs are the landlord’s responsibility, and provide contact information for repair requests.”
✨ Plain explanation: Before signing, the landlord must clearly explain which repairs they are responsible for and give the tenant contact details so that repair issues can be promptly handled.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 8 – Law.moj.gov.tw
Required and Prohibited Lease Terms & Mandatory and Prohibited Clauses:
“When the leased residential property or its attached facilities are damaged, the lessor shall be responsible for the repairs. However, if otherwise agreed in the contract, if there is an established custom, or if the damage is attributable to the tenant, this rule shall not apply.”
✨ Plain explanation: By default, the landlord is responsible for repairs. But if the contract specifies otherwise, or if the tenant causes the damage through improper use or negligence, the tenant must bear the cost.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
🧞 Note: Both the Required and Prohibited Lease Terms and the Mandatory and Prohibited Clauses cover the same issue, so the rule is identical in practice.
🧙♀️ Related Read: What Are the Required and Prohibited Lease Terms in Taiwan?
🧙♂️ Related Read: What Are Mandatory and Prohibited Clauses in Taiwan?
A Common Dispute: The “User Pays” Argument
Many landlords argue for “user pays,” claiming tenants should cover consumables such as light bulbs, air-conditioning refrigerant, or refrigerator compressors.
However, this is not entirely correct. Utilities like water, electricity, and gas fall under “user pays.” For equipment failures, unless the contract explicitly states otherwise, the landlord is legally responsible for repairs.
Recommendation: Clearly list all equipment and repair responsibilities in the lease to avoid gray areas.
Tenant’s Responsibility: Duty of Care
Tenants must fulfill the “duty of care” during their rental period, meaning they should use appliances and facilities reasonably and responsibly.
- Proper use example: Do not slam the refrigerator door shut, as this could damage the hinges or seals.
- General rule: If equipment fails due to natural aging or normal wear and tear, the landlord is responsible for repairs, and the tenant does not need to pay.
- Exceptions: If the tenant intentionally or negligently damages the property, the landlord may demand compensation.
Three Ways to Avoid Disputes
- Clarify before signing
- Landlords should explain repair responsibilities in advance.
- Reference the government’s lease agreement guidelines to list equipment and assign responsibilities clearly.
- Landlords should explain repair responsibilities in advance.
- Document the property at move-in
- Take photos or videos to record the condition of the property and appliances.
- Any existing issues should be repaired or noted in writing.
- Take photos or videos to record the condition of the property and appliances.
- Put it in writing
- Clearly state responsibilities for common disputes (e.g., bulbs, A/C, appliances) in the contract.
- A recommended clause: “Unless the tenant intentionally causes damage, appliance repairs are the landlord’s responsibility.”
- Clearly state responsibilities for common disputes (e.g., bulbs, A/C, appliances) in the contract.
🔮 Related Read: Rental Handover Matters! How to Document Property Conditions and Avoid Disputes in Taiwan
Conclusion
Repair responsibilities in rental housing are already clearly defined in law: landlords repair, tenants maintain with care. If the contract assigns responsibilities differently, those terms prevail. Although disputes often arise in practice, clear communication, written agreements, and proper documentation before move-in can prevent most conflicts.
After all, renting a home should be convenient and safe—not a constant source of disputes.
