Tenancy or lease renewal in Taiwan
Renewing a tenancy or lease agreement in Taiwan generally involves reviewing the existing terms, negotiating new conditions if desired, and formalizing the continuation of the agreement. This often results in signing a new lease or an extension agreement.
It is advisable for both landlords and tenants to initiate discussions about renewal several months before the current lease agreement expires. This allows ample time for negotiation of new terms, clarification of responsibilities, and, if renewal is not agreed upon, sufficient time for either party to find new arrangements without undue pressure. Processing times are not applicable as this is a private agreement.
Start 60 days ahead
This lead time is suggested to allow for negotiation and decision-making for both parties before the existing lease term concludes. The specific notice period for non-renewal may be stipulated in the original lease agreement.
The process
- 1Review the existing tenancy agreement's terms, including rent, duration, conditions for renewal, and notice periods.
- 2Initiate communication with the other party (landlord or tenant) to express intent to renew the lease.
- 3Negotiate new terms, if any, such as rent adjustments, lease duration, or amendments to responsibilities.
- 4Draft a new lease agreement or an addendum/extension agreement reflecting the agreed-upon terms.
- 5Both parties should carefully read and sign the new or amended agreement.
- 6If desired, the renewed agreement can be notarized for additional legal weight and clarity, though this is not mandatory for private contracts.
What to bring
- Original tenancy or lease agreement
- Identification documents for all parties (e.g., National ID card, ARC, passport)
- Proof of ownership (for the landlord, e.g., property deed or recent property tax statement)
Who handles it
Ministry of the Interior (內政部)
There is typically no mandatory government fee for renewing a private lease agreement. Costs may arise if parties choose to engage a real estate agent for drafting or negotiation, or if they opt for notarization, in which case fees would be paid to the notary public or agent.
What commonly goes wrong
- Ensure all new terms, especially rent adjustments, maintenance responsibilities, and lease duration, are clearly written and understood by both parties.
- Be aware of notice periods specified in the original lease for non-renewal; failing to adhere to these can lead to automatic renewal or penalties.
- If a new agreement is drafted, ensure it explicitly supersedes or amends the old one to avoid conflicting terms.
- Consider the implications of the 'Residential Tenancy Act' (租賃住宅市場發展條例) in Taiwan, which governs residential leases and provides certain protections to tenants.
Sources
This guide is based on one official source.
Other documents in Taiwan
Tenancy or lease renewal in other countries
Often renewed together
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