Click here to go to our new forums at http://tw.forumosa.com
If you are a Forumosan Regular, when you log in for the FIRST TIME, you must RESET your password by using the Password Recovery system.

Usernames on the new forums must not contain any SPACES and must end with LETTER or a NUMBER; if yours does, you will be prompted to change your Username
Contact us at admin(at)forumosa(dot)com or @forumosa on Twitter or on our Facebook Page if you have any questions or problems logging back in

Is the landlord responsible for repairs

Can a foreigner buy...? Can a foreigner rent...? What about deposits? Bad neighbors? Unreasonable landlords? Miscellaneous problems?
Forum rules
While the moderators are happy to help point people in the right direction for legal assistance and to attempt to keep these forums civil and tidy, please bear in mind that an Internet forum is not the place for providing or receiving legal advice or for the creation of any attorney-client privileges or obligations. Also keep in mind that Forumosa and the moderators cannot conduct comprehensive reviews of all laws or legal concepts referenced or discussed within these forums – laws and regulations are updated and amended, interpretations do change, and sometimes the legal landscape can change very fast. Forumosa provides these legal forums for general informational purposes only. By using these legal forums, you agree that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and any other posters on these forums. DO NOT CONSIDER THE FORUMS TO BE A SUBSTITUTE FOR OBTAINING LEGAL ADVICE FROM A QUALIFIED LICENSED ATTORNEY.

Is the landlord responsible for repairs

Postby cyberguppy » 08 Dec 2014, 10:21

My friend's landlord is withholding a deposit for an aircon that needs repairing (not broken, just not up to peak performance). Damage is valued at a few thousand, less than 10k.

In Taiwan, what is the law regarding repairs to housing due to natural wear and tear (not broken or damaged due to negligence)?

Just curious if it differs from my country where Landlord is responsible.

Also, if it comes to legal action, what course would my friend follow to try get the money back? Police, small claims court (if this exists), regular court?
cyberguppy
Newspaper Copyeditor (bàoshè biānjí)
Newspaper Copyeditor (bàoshè biānjí)
 
Posts: 435
{ AUTHOR_TOPIC }
Joined: 01 Apr 2010, 00:02



Re: Is the landlord responsible for repairs

Postby Belgian Pie » 08 Dec 2014, 11:06

Many landlords are money sucking idiots, normal wear and tear is supposed to be paid for by the owner, not the tenant.
User avatar
Belgian Pie
Maitreya Buddha (Mílèfó)
 
Posts: 12175
Joined: 31 Oct 2004, 19:39
Location: High ground



Re: Is the landlord responsible for repairs

Postby cyberguppy » 08 Dec 2014, 11:26

Belgian Pie wrote:Many landlords are money sucking idiots, normal wear and tear is supposed to be paid for by the owner, not the tenant.


Yes, sadly the queefer thinks he is right and resilient to any dispute. Anyone know where to find hard black and white legislation that can be waived is his flabby face so that he coughs up the deposit without messy lawsuits.

Can police deal with people like this if the law is straightforward?
cyberguppy
Newspaper Copyeditor (bàoshè biānjí)
Newspaper Copyeditor (bàoshè biānjí)
 
Posts: 435
{ AUTHOR_TOPIC }
Joined: 01 Apr 2010, 00:02



Re: Is the landlord responsible for repairs

Postby Belgian Pie » 08 Dec 2014, 12:17

cyberguppy wrote:
Belgian Pie wrote:Many landlords are money sucking idiots, normal wear and tear is supposed to be paid for by the owner, not the tenant.


Yes, sadly the queefer thinks he is right and resilient to any dispute. Anyone know where to find hard black and white legislation that can be waived is his flabby face so that he coughs up the deposit without messy lawsuits.

Can police deal with people like this if the law is straightforward?

Just tell him you will include the rent in the next tax filing ... :D he probably doesn't pay tax on the rent.
User avatar
Belgian Pie
Maitreya Buddha (Mílèfó)
 
Posts: 12175
Joined: 31 Oct 2004, 19:39
Location: High ground



Re: Is the landlord responsible for repairs

Postby jamie.yang » 01 Mar 2015, 19:13

cyberguppy wrote:My friend's landlord is withholding a deposit for an aircon that needs repairing (not broken, just not up to peak performance). Damage is valued at a few thousand, less than 10k.

In Taiwan, what is the law regarding repairs to housing due to natural wear and tear (not broken or damaged due to negligence)?

Just curious if it differs from my country where Landlord is responsible.

Also, if it comes to legal action, what course would my friend follow to try get the money back? Police, small claims court (if this exists), regular court?


Per Article 430 of the Taiwan Civil Code, the landlord is responsible for the repair, if there is no agreement in the opposite. Did your friend already pay?
Anything amount under 100K NTD goes to small claims court.
jamie.yang
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 18
Joined: 09 Feb 2015, 17:35
Location: Taipei, Taiwan
In Taiwan since: 10 Oct 1984



Re: Is the landlord responsible for repairs

Postby Novaspes » 05 Mar 2015, 15:04

jamie.yang wrote:
cyberguppy wrote:My friend's landlord is withholding a deposit for an aircon that needs repairing (not broken, just not up to peak performance). Damage is valued at a few thousand, less than 10k.

In Taiwan, what is the law regarding repairs to housing due to natural wear and tear (not broken or damaged due to negligence)?

Just curious if it differs from my country where Landlord is responsible.

Also, if it comes to legal action, what course would my friend follow to try get the money back? Police, small claims court (if this exists), regular court?


Per Article 430 of the Taiwan Civil Code, the landlord is responsible for the repair, if there is no agreement in the opposite. Did your friend already pay?
Anything amount under 100K NTD goes to small claims court.


Would you happen to have a link to that specific article or maybe do you know where I can download it? Thanks.
User avatar
Novaspes
Immune to Breathalizers (jiǔ cèce bù chūlái)
Immune to Breathalizers (jiǔ cèce bù chūlái)
 
Posts: 2058
Joined: 07 Feb 2009, 01:33
Location: Taipei, Taiwan



Re: Is the landlord responsible for repairs

Postby cyberguppy » 06 Mar 2015, 17:08

Any link to small claims court would be handy too. Might handy useful to show your landlord or other that you know your shit and you are prepared to take action if needed.
cyberguppy
Newspaper Copyeditor (bàoshè biānjí)
Newspaper Copyeditor (bàoshè biānjí)
 
Posts: 435
{ AUTHOR_TOPIC }
Joined: 01 Apr 2010, 00:02



Re: Is the landlord responsible for repairs

Postby Baas Babelaas » 06 Mar 2015, 19:45

I had a great landlord (in China).

Payed for all repairs. Then again I did pay first, then deduct from the next month's rent payment.
User avatar
Baas Babelaas
Mandarin Marvel (Guóyǔ gāoshǒu)
Mandarin Marvel (Guóyǔ gāoshǒu)
 
Posts: 1864
Joined: 19 Nov 2004, 19:51
Location: In my mind



Re: Is the landlord responsible for repairs

Postby therootless » 19 Aug 2015, 18:24

What happens if the landlord is being super stingy and does break the Taiwan Civil Code 430, refusing to pay for repairs of natural wear and tear? Our sink in our very, very old apartment was unrepairably clogged, fixed it and the landlord keeps saying it's our responsibility because we clogged it? But in reality we can all tell those pipes haven't been replaced in at least a decade. What can we do about it? Hiring a lawyer sounds like a hefty and costly hassle that isn't worth it for something so trivial.
therootless
Ink Still Wet in Passport (shífēn xīnshǒu)
Ink Still Wet in Passport (shífēn xīnshǒu)
 
Posts: 4
Joined: 22 Feb 2015, 20:54
In Taiwan since: 18 Jun 2014



Re: Is the landlord responsible for repairs

Postby Kawa » 20 Aug 2015, 10:57

therootless wrote:What happens if the landlord is being super stingy and does break the Taiwan Civil Code 430, refusing to pay for repairs of natural wear and tear? Our sink in our very, very old apartment was unrepairably clogged, fixed it and the landlord keeps saying it's our responsibility because we clogged it? But in reality we can all tell those pipes haven't been replaced in at least a decade. What can we do about it? Hiring a lawyer sounds like a hefty and costly hassle that isn't worth it for something so trivial.


In our case, we told our landlord who refused to fix our water boiler that we asked a Taiwanese lawyer friend of us who confirmed it was the landlord's responsibility to pay for repairs. The only fact of mentioning the word "lawyer" in the discussion instantly turned our landlord from stiff upper lip to completely docile. The next day first thing in the morning, a guy was here to fix the water boiler at the landlord's expense. Quite laughable.
User avatar
Kawa
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
Shoe-wielding Legislator (huīwǔ xiézi de lìfǎ wěiyuán)
 
Posts: 287
Joined: 25 Jun 2010, 23:44
Location: New Taipei



FRIENDLY REMINDER
   Please remember that Forumosa is not responsible for the content that appears on the other side of links that Forumosans post on our forums. As a discussion website, we encourage open and frank debate. We have learned that the most effective way to address questionable claims or accusations on Forumosa is by engaging in a sincere and constructive conversation. To make this website work, we must all feel safe in expressing our opinions, this also means backing up any claims with hard facts, including links to other websites.
   Please also remember that one should not believe everything one reads on the Internet, particularly from websites whose content cannot be easily verified or substantiated. Use your common sense and do not hesitate to ask for proof.
Next




Return to Legal Issues in Real Estate & Housing



Who is online

Forumosans browsing this forum: No Forumosans and 0 guests

cron