After living in a rental for a while, the air conditioner suddenly stops cooling, the water heater won't ignite, or the refrigerator no longer keeps food cold. Who is responsible for fixing it?
Some landlords believe that because tenants are the ones using the equipment, they should pay for the repairs. On the other hand, some tenants assume that whenever an appliance breaks down, it is automatically the landlord's responsibility.
So, what counts as normal wear and tear? What is considered damage caused by improper use? And if the landlord refuses to make repairs, how can tenants protect their rights?
Fortunately, the Civil Code has long established clear rules regarding repair responsibilities. Once the basic principles are understood, many rental disputes can be avoided.
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: When handing over a rental property, a landlord's responsibility goes beyond simply giving the tenant the keys. The property and any agreed-upon appliances or equipment must be in working condition, and the landlord must continue to keep them usable throughout the lease term.
⚖️ Legal Source: Civil Code Article 423 – Law.moj.gov.tw
Civil Code Article 429:
“1. The repair of the leased property shall be borne by the lessor, unless otherwise agreed in the contract or unless otherwise provided by local custom.
2. The lessee shall not refuse any necessary acts performed by the lessor for the preservation of the leased property.”
✨ Plain explanation: Unless the lease agreement provides otherwise, the landlord is generally responsible for repairing the rental property and any attached equipment. When repairs are necessary, tenants should also cooperate by allowing access for maintenance or repair work.
⚖️ Legal Source: Civil Code Article 429 – 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 responsible for repairing the equipment but still fails to do so after being notified, the tenant may, under the law, hire a qualified repair professional, request reimbursement from the landlord, or deduct the repair cost from the rent, provided the legal requirements are met.
⚖️ Legal Source: Civil Code Article 430 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 3, Paragraph 13:
“Security deposit: money paid in advance by the tenant to secure compensation for damage to the rental housing and responsibility for handling leftover belongings.”
✨ Plain explanation: A security deposit is not extra income for the landlord. It serves as financial security in case the tenant causes damage, leaves unpaid debts, or leaves belongings behind after moving out.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 3 – Law.moj.gov.tw
Rental Housing Market Development and Regulation Act, Article 7:
“1. The amount of a security deposit may not exceed two months’ total rent.
2. Upon termination of the lease, return of the property, and settlement of obligations arising from the lease, the landlord shall return the deposit or the remaining balance after offsetting debts.”
✨ Plain explanation: Once the tenant has moved out, returned the property, and paid everything owed under the lease, the landlord should return the security deposit. If there are legitimate deductions, only the actual amount owed may be deducted, and the remaining balance must still be refunded.
⚖️ Legal Source: Rental Housing Market Development and Regulation Act Article 7 – Law.moj.gov.tw
The Basic Rule Is Simple: Natural Wear and Tear Is the Landlord's Responsibility, While Tenant-Caused Damage Is the Tenant's Responsibility
In practice, most equipment failures can first be classified as either normal wear and tear or damage caused by improper use.
Landlord's Responsibility: Natural Aging and Normal Wear
If an appliance breaks down simply because it has reached the end of its service life, its parts have worn out over time, or it fails through normal use, the landlord is generally responsible for the repair.
Common examples include:
- An air conditioner compressor fails due to age.
- A water heater ignition system wears out naturally.
- A refrigerator compressor stops working and no longer cools properly.
- Household appliances become faulty after years of normal use.
Since landlords are legally required to keep the rental property and its agreed-upon equipment in a usable condition, repairs resulting from normal wear and tear are generally the landlord's responsibility.
Tenant's Responsibility: Damage Caused by Improper Use
If the equipment is damaged because it was used improperly, the tenant may be responsible for the repair costs.
For example:
- Overloading a refrigerator so that it cannot dissipate heat properly, causing it to malfunction.
- Never cleaning the air conditioner's filter, resulting in mechanical damage.
- Damaging an appliance through impact or intentional destruction.
- Using equipment in a manner that clearly falls outside normal use.
In these situations, the tenant is generally responsible for the repair costs or any resulting damages.
Consumable Items Should Be Treated Differently
Some parts are considered consumable items, which are different from the equipment itself.
For example, water heater ignition batteries and air conditioner remote-control batteries are relatively inexpensive items designed for routine replacement. These are generally the tenant's responsibility.
However, not everything that appears to be a "consumable" automatically falls on the tenant.
For example, if an air conditioner gradually loses refrigerant through normal use, Taiwanese rental practice may still regard the issue as part of the landlord's maintenance responsibility rather than an expense the tenant must bear. The actual cause of the problem should always be considered before determining responsibility.
What If the Landlord Refuses to Make Repairs?
If broken equipment has begun affecting normal daily life—for example, the air conditioner no longer works during the summer or the water heater cannot provide hot water—it is best not to rely solely on a phone call.
A better approach is to:
- Take photos or videos to document the problem.
- Notify the landlord through LINE, text message, or email so there is a written record.
- Give the landlord a reasonable period of time to arrange repairs.
- If the landlord still fails to act, the tenant may, in accordance with Civil Code, Article 430, arrange for repairs, seek reimbursement from the landlord, or deduct the repair costs from the rent, provided the legal requirements are satisfied.
If the dispute still cannot be resolved, either party may also apply for mediation through the relevant local government authority.
Can Repair Costs Simply Be Deducted from the Security Deposit?
Many people assume:
"We'll just deduct it from the security deposit at the end."
In reality, not every equipment failure can be deducted from the security deposit.
The Rental Housing Market Development and Regulation Act defines a security deposit as money intended to secure the tenant's liability for damages and other obligations. The Act also requires landlords to return the security deposit after the lease ends, subject only to any lawful deductions for outstanding obligations.
If the equipment has simply deteriorated through normal use, the repair is generally the landlord's responsibility and should not be charged against the tenant's security deposit.
Only when the damage was caused intentionally or through improper use by the tenant, creating legal liability for compensation, may deductions from the security deposit become appropriate.
⭐ Related Reading: Who Is Responsible for Rental Repairs in Taiwan?
🐚 Related Reading: What Does “Return in Original Condition” Really Mean in Taiwan?
🌊 Related Reading: Can Chat Records, LINE Screenshots, and Audio Recordings Be Used as Evidence?
🧜♂️ Related Reading: Can Landlords Deduct Cleaning, Painting, or Moving Costs from the Security Deposit in Taiwan? Which Expenses Cannot Be Deducted?
Conclusion
When rental equipment breaks down, the most important question is not which appliance failed, but why it failed.
If the damage results from normal wear and tear through ordinary use, the landlord is generally responsible for the repair. If the damage was caused by the tenant's improper use or intentional conduct, the tenant may be responsible for the repair costs or compensation.
Whenever equipment problems arise, both landlords and tenants should keep clear records, including photos, videos, repair invoices, and written communications. Rather than blaming each other, resolving the issue according to the law and maintaining good communication is usually the quickest and most practical way to settle the dispute.
