Leaving a One-Year Taiwan Lease Before the Term Ends

"Before the term ends, apart from early termination under points 17 and 18, the parties □ may □ may not end the lease at will." That English sentence translates the opening line of point 14 in the mandatory and prohibited terms for residential leases, Executive Yuan page dated 114-04-18. On a one-year lease, notice and any penalty follow the ticked box.

A one-year term ends on its last day

Fixed-term leases, including one-year leases, end when the term expires under Article 450 of the Civil Code, paragraph 1. Paragraph 2 lets either party end a lease with no term at any time, and a custom favorable to the tenant controls.

Where the contract lets one side end a fixed term early, Article 453 requires the advance notice in Article 450, paragraph 3. Notice follows custom. If rent on real property is set by the week, the half-month, or the month, the landlord ends on the last day of that calendar period and gives at least one week, half a month, or one month of notice. That proviso names the landlord. Tenants still owe notice under point 14 or Article 11, as applicable.

Omitted mandatory terms still bind

Article 5, paragraph 1, of the Rental Housing Market Development and Regulation Act deems landlord and tenant, on a lease the Act covers, to be in a consumer relationship, so the Consumer Protection Act applies. Article 17 lets the central authority, after Executive Yuan approval (核定), announce what a chosen industry's standard contracts must and must not say. A clause that breaks the announcement is void. Mandatory terms still form part of the contract if the paper omits them.

Four kinds of housing fall outside the Act (Article 4): leisure or tourism housing, housing operated and managed by the government or dedicated bodies it establishes, housing operated and managed by cooperatives, and a lease shorter than 30 days. This column concerns leases the Act covers.

Interior Ministry announcement Tai-Nei-Di-Zi No. 1140113583 amended point 18 on 18 April 2025 and took effect that day. The Executive Yuan page is dated 114-04-18.

If the box says the parties may leave

Point 14, besides points 17 and 18, has the parties choose whether they may end the lease at will. Where the lease permits it, the terminating party must give at least one month's notice. Ending without that notice incurs a penalty capped at one month's rent.

A tenant's penalty may come out of the deposit described in point 5, paragraph 1, under point 14, paragraph 3, and any shortfall may still be claimed. The landlord must return prepaid rent if the lease ends early under paragraph 1.

Rent received for time that falls due only after the ending is returned when termination is under Article 452 or Article 453 (Article 454). Article 11 of the Act bars a compensation demand. It does not address prepaid rent.

If the box says they may not

Point 14 sets no penalty amount for the “may not” option. If no statutory ground applies and the landlord has not agreed to an early exit, leaving anyway breaches the contract. Any agreed penalty needs to be checked against the contract and applicable law.

Parties may agree on a penalty for non-performance. Unless they agree otherwise, it is treated as the full compensation for the damage from that non-performance (Article 250). A court may reduce an excessive agreed sum to a reasonable amount under Article 252. For a negotiated exit, record the end date, payment and deposit settlement in an agreement both sides sign.

An English teacher in Taichung hears in November that the school will not renew (an invented example). Months remain on the one-year lease. The bags are still inside.

When the landlord may not claim compensation

Four situations in Article 11, paragraph 1, let the tenant end early, and the landlord may not claim any compensation. The tenant needs long-term care after illness or an accident. The home is unfit for the agreed use and needs repair, the tenant set a reasonable period and demanded it, and the landlord does not repair in time. Part of the home is destroyed for a reason not attributable to the tenant, and the rest is hard to live in. A third party's claim prevents the agreed residential use.

If the tenant dies, heirs may end the lease under Article 11, paragraph 2. Paragraph 3 requires tenants relying on the four grounds, and heirs, to notify the landlord in writing with evidence 30 days before termination. Article 452 also lets heirs end a lease that still has a term, with the advance notice in Article 450, paragraph 3.

Job loss is not on the list. Neither are a transfer abroad, departure from Taiwan or non-renewal of employment (Article 11, paragraph 1).

Amended on 18 April 2025, point 18 retains the repair, medical-care and third-party grounds above. For partial destruction not attributable to the tenant, it requires the remainder to be unable to serve the lease's purpose. It adds a defect endangering the tenant's or a cohabitant's safety or health, including where the tenant knew at signing or waived the right to end the lease. Article 424 provides a similar right for houses and other residential premises.

Ending under those items takes written notice with evidence, 30 days before the end date. The official text says: "但前項第三款前段其情況危急者，得不先期通知。" Only an urgent safety or health defect under the first part of item 3 permits dispensing with advance notice. Repair disputes do not automatically qualify. If the tenant dies, an heir may end the lease, and the notice period and method follow the preceding paragraph.

When the landlord leaves a leak unrepaired

The landlord must deliver a dwelling fit for the agreed residential use and keep it fit (Article 8, paragraph 1; Article 423). Repairs are the landlord's unless the contract or another custom says otherwise. Article 429 bars refusal of acts needed to preserve the property, and Article 8, paragraph 4, says the same for necessary repair. On these leases, point 9, paragraph 3, adds that the landlord gives reasonable advance notice and the tenant may not refuse without a justifiable reason. Paragraph 1 excepts tenant-caused damage, a different agreement or custom from the landlord's repair responsibility.

For repairs the landlord must make, set a reasonable deadline and demand repair. If the landlord misses it, Article 8, paragraph 3, permits repair by the tenant and reimbursement or deduction from the agreed rent. Article 430 also allows ending the lease. Termination under Article 11, paragraph 1, item 2, requires written notice to the landlord with evidence 30 days before termination. Entry while the tenant is away is in the repair column.

A new tenant is not an exit

On these residential leases, subletting all or part needs the landlord's written consent (Article 9, paragraph 1). Point 8 also requires consent before the tenant sublets, lends, or otherwise lets another person use all or part, or assigns the lease. If subletting is allowed, the landlord issues a written consent stating scope, period, and grounds for ending the contract. Article 443 forbids subletting without consent, and its proviso lets part of a house be sublet unless the contract forbids it. That proviso does not drop the written consent required here. Finding a replacement tenant does not by itself end the lease (point 14).

Keys, and the deposit after the debts

Handing the home back is a joint check of condition and fixtures (Article 12, paragraph 1; point 15). If one side skips it after a reasonable demand to attend, the check counts as done. Once the lease has ended, the dwelling is returned, and the lease debts are paid, the deposit comes back in full or after set-off (Article 7, paragraph 2). Deposit limits and deductions are in the deposit column.

Article 10 sets out the landlord's grounds for early termination and the required notice.

Posting a letter, and the day it arrives

Unless otherwise agreed, postal notices use the contract address. Under point 20, the first mailing date is presumed to be the arrival date if an unreported address change prevents delivery.

A declaration not made in conversation takes effect when the notice reaches the other person. That is the main clause of Civil Code Article 95, paragraph 1. Posting is not arrival.

Email, a mobile text, or a messaging-app text counts when both parties agree (point 20). The recorded agreement, including any selected field, shows that choice. Prohibited term 8 bars telephone-only notice. A 存證信函 is a legal attest letter under Article 34 of the Regulations Governing the Handling of Mail: a registered letter, extra fee paid, written as Chunghwa Post requires, with an identical copy left at the post office as evidence. The retained copy records the letter's contents. It does not by itself show arrival, or that the termination meets the conditions above.

Either side may ask the municipal or county (city) government to mediate, and the fee is waived (Article 16). Small claims are in that column.

For a lease in Korea, Japan or a U.S. state, check the applicable law with a local professional.

Questions about the lease clause and notice records can be sent to Hovering International Law Firm at wei@hoveringlaw.com.tw.

In the hypothetical, the school's non-renewal is not an Article 11, paragraph 1, ground. If the box allows an early exit, point 14 requires at least one month's notice. Record the return of the keys at handover.

Official sources

First checked on October 13, 2026; rechecked on October 14, 2026.

• Civil Code Article 95, Article 250, Article 252, Article 423, Article 424, Article 429, Article 430, Article 443, Article 450, Article 452, Article 453, Article 454. The Civil Code page shows an amendment date of 17 August 2026 (ROC year 115).
• Rental Housing Market Development and Regulation Act Article 4, Article 5, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 16. The Act's page shows an amendment date of 8 February 2023 (ROC year 112).
• Consumer Protection Act Article 17.
• Regulations Governing the Handling of Mail Article 34. The English title is taken from the MOJ English page for that regulation.
• Executive Yuan: mandatory and prohibited terms for residential lease standard contracts (page date 114-04-18). Points 5, 8, 9, 14, 15, 17, 18, and 20, and prohibited term 8, were checked in the official text linked from that page. Point 18 was amended by Interior Ministry announcement Tai-Nei-Di-Zi No. 1140113583 of 18 April 2025 and took effect that day.