Many tenants have probably thought: “Rent is so expensive—if I bring in someone else to live with me and share the cost, wouldn’t that save me money?”
It sounds reasonable, but legally it’s not that simple. Tenants may think it’s just “co-living,” while landlords may view it as “subletting.” If handled poorly, tenants may violate the lease, and landlords may struggle with the burden of proof.
What Does the Law Say?
Civil Code Article 443, Paragraph 1:
“Without the landlord’s consent, a tenant may not sublease the leased property to another. However, if the leased property is a house, the tenant may sublease part of it unless otherwise agreed.”
✨ Plain Explanation: Under older regulations, tenants could sublet part of the house as long as the landlord did not explicitly object.
⚖️ Legal Source: Civil Code Article 443 – Law.moj.gov.tw
Residential Tenancy Act, Article 9:
“A tenant shall obtain the landlord’s written consent before subleasing all or part of the rented dwelling.”
✨Plain Explanation: The new law is stricter. Tenants must obtain written consent before subletting, even partially. Unlike in the past, silence from the landlord no longer implies consent.
⚖️ Legal Source: Residential Tenancy Act Article 9 – Law.moj.gov.tw
Residential Tenancy Act, Article 10, Paragraph 1, Subparagraph 3:
“If a tenant subleases the dwelling to another without the landlord’s written consent, the landlord may terminate the lease early without compensation to the tenant.”
✨ Plain Explanation: If a tenant secretly sublets, the landlord may immediately terminate the lease, and the tenant cannot demand compensation.
⚖️ Legal Source: Residential Tenancy Act Article 10 – Law.moj.gov.tw
Regulations on Mandatory and Prohibited Clauses in Residential Lease Standard Contracts:
“The tenant shall not sublease, lend, or otherwise allow others to use all or part of the leased dwelling, or transfer the leasehold to others, without the landlord’s consent.”
✨ Plain Explanation: The official contract template makes it clear: tenants need the landlord’s consent not only for subletting but also for lending or allowing others to live in the property.
⚖️ Legal Source: Ministry of the Interior – Residential Lease Standard Contract Regulations
What Counts as Subletting?
Legally, the key factor is consideration (payment):
- Family members or partners living together → No payment, no profit → Generally not subletting.
- Classmates or friends splitting rent → If without landlord’s knowledge, may be treated as subletting.
But in practice, proving subletting is difficult:
- If tenants collect only cash, no receipts, no contract → Landlords lack evidence.
- Seeing other people in the house → Could be visitors, family, or partners, not necessarily subtenants.
😱 In other words, even if the law forbids unauthorized subletting, without contracts or payment records, landlords often struggle to prove it.
Lease Types and Signing Methods
- Shared Rooms / Partitioned Studios:
Usually one person per room with separate agreements. Roommates also monitor each other, so disputes are fewer.
- Independent Studios:
Typically signed under one tenant’s name. If that tenant brings in others or subdivides (“illegal room-splitting”), it is easily seen as subletting—unless all occupants are listed in the lease, which rarely happens in practice.
Note: Signing representative ≠ only resident.
- Family leases: e.g., only the father signs, but the whole family of four lives there.
- Corporate leases: a manager signs, but assigned employees actually live in the unit.
The real question is:
- Did the tenant collect payment from others?
- Did the tenant obtain the landlord’s consent?
🧟 Related Read: How to Choose: Independent Studio, Partitioned Studio, or Shared Room in Taiwan?
⚰️ Related Read: Is There a Rent Ceiling in Taiwan?
How to Avoid Disputes?
Whether it’s a landlord worried about loopholes, or a tenant afraid of being misunderstood, the safest solution is clear agreements in advance:
- Resident list: Clearly state all approved occupants in the contract.
- Visitor rules: Overnight stays, visitor hours → Put them in a house rule or annex.
- Communication for changes: If tenants want to add or replace occupants, inform the landlord and get written consent.
Conclusion
If tenants invite others to move in, share rent, or profit without the landlord’s consent, it’s illegal.
But since proving subletting in practice is often difficult, landlords who want peace of mind should set detailed rules in the contract from the start.
This way, landlords have protection, tenants can feel secure, and both sides build trust while avoiding unnecessary conflicts.
