New Rental Policy to Take Effect on June 1|住宅轉租新制公布 二房東條款6月上路


In order to better protect the rights of tenants, landlords and real estate agencies, the Consumer Protection Committee announced a new policy of sublease agreement between either of them. It stated clearly the rules that the three parties should obey. If any of them violates the lease of rental agreement, it will be fined up to NT$ 300,000. This policy will take effect on June 1.


Many who work and study away from their home cities choose to rent their own rooms or apartments. In order to better protect the rights of tenants, landlords and real-estate companies, the Consumer Protection Committee announced a new rental policy which will take effect starting June 1. The new policy include a number of detailed rules on the length of contract, security deposit, electricity and water fee, as well as fee for repairing damages. All the rules apply to the real estate agencies that have rented properties from landlords in order to rent them out to individual tenants.

(The new policy) mandates that all items of a rental contract must be clearly recorded. In case there are items missing, and a dispute takes place, then the judge will assume the parties involved all choose to obey the rules in the policy.

The new policy clearly lists a number of items that must be obeyed by all parties involved. It mandates that the rental period cannot be shorter than 30 days, and it cannot exceed the length stated in the contract. It also states that the security deposit cannot be higher than 2 months' worth of rent, and that it must be returned to the tenant at the end of the rental period, or when the contract terminates and the tenant returns the room. The policy also states that the tenants and the real estate agencies can decide on which party is responsible for expenses on water, electricity and natural gas use, and the calculated amount of electricity fee cannot be higher than the upper limit set by the state-owned Taiwan Power Company.

If any appliances suffer from damage or malfunction, the real estate agency is responsible for repair. If the damage is caused by the tenant, then the agency is not responsible. If either the landlord or the tenant decide to end a rental contract, they need to notify the other party one month ahead of the date of contract termination. If a landlord decides to prematurely end a rental contract, the rental agency has the responsibility to notify the tenant, and grant him or her priority in choosing to rent the next room or apartment. 
 
If any party involved violates the items listed in the policy, such the limit on electricity fee, then it means the person has violated a mandatory rule which means he or she has voided the contract.

The official at the Consumer Protection Committee says that any party who violates the items in the policy effectively voids the rental contract and could face a fine of up to NT$ 300,000.



外地的上班族或學生常常會選擇在外租屋,為了保障包租業與房東、房客三方權益,消保處公布6月1日即將上路的住宅轉租新制,也就是規範包租業向房東承租房屋後,再行轉租的二房東條款,其中在押金、水電費和修繕義務上都有明確規定。

行政院消保處簡任祕書 陳星宏表示:「要求我們業者制訂的定型化契約中,必須要記載在這個內容裡面,而他沒有記載的話,到法院訟爭的時候,這時候法官就可以引為說,視為是有這樣的內容記載。」

這分即將上路「住宅轉租定型化契約應記載及不得記載事項」中,明定租賃期間不得少於30日,也不得超過包租契約的租賃期間,也明定押金數額最高不得超過2個月租金,押金應在租期屆滿或租賃契約終止、交還房屋時返還,另外雙方可以相互約定水、電、瓦斯等費用要由何人負擔,且計算基礎不得超過台電夏季用電量最高級距每度金額,房租及附屬設備損壞時,原則上由包租業負責修繕,若損壞可歸因承租人造成時,包租業不負修繕義務,針對終止租約規定,至於雙方約定提前終止租約,應於一個月前通知他方,若原出租人提前終止包租契約時,包租業應該在五日內通知承租人終止轉租契約,並且協助承租人優先承租其他租賃住宅。

行政院消保處簡任祕書 陳星宏表示:「如果違反了,我們譬如說剛講的,電費的一個約定的話,規定的話,其實等於是違反了強制的規定,其實這個約定可能就是無效的一個規定。」

消保處強調,未來包租業者與房東及房客簽訂的契約,若違反規定,除契約條款無效外,最高將面臨「消保法」30萬元罰鍰。

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