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Amendments made to the “Clauses a Lease Shall Include and Shall not Include in Rental Contract” came into force on September 1, 2020
Date:2020-08-19
I. Purpose of the Amendment
The "Clauses a Lease Shall Include and Shall not Include in Rental Contract" was promulgated by the Ministry of the Interior in accordance with the provisions stipulated in Paragraph 1, Article 5 in the "Rental Housing Market Development and Regulation Act" (hereinafter referred to as "the Act") (applied to lessors who are non-business operators) which was publicly announced on June 27, 2018 for leases not in a consumer relationship. Amendments to the "Mandatory and Prohibitory Provisions in Standard Form Contract in Housing Rental Standard Contract" (applied to lessors who are business operators), enacted on January 1, 2017 have been made in accordance with the provisions stipulated in Paragraph 1, Article 17 in the Act to regulate the rights and obligations between both parties of the lease. Consistent amendments shall also be made to the "Clauses a Lease Shall Include and Shall not Include in Rental Contract" for leases not in a consumer relationship to fully protect the rights of both parties in the lease.

II. Intentions and Benefits of the Amendments
A total of 21 points of the Contract were amended; the content of these amendments and their benefits are as follows:
1. Strengthening the Rights and Obligations Between the Relationship of Both parties of the lease
In order to protect the interests of both parties of the lease, the Rental Contract specifies that the leasing term must be over 30 days; the lessor may not, for any reason, increase the rent during the term of the lease; the lessee is responsible for electricity bills which are divided into summer months (June to September) and non-summer months; the amount of electricity per unit of non-summer months and its calculation may not exceed the amount per unit of the maximum monthly electricity consumption range set by Taiwan Power Company; when leases expire, the lessors shall return the security deposit after deducting any unpaid debt; a sub-lease must be consented by the lessor; the lessee may not refuse when the lessor makes necessary repairs of the leased premises, and if the lessee is unable to use the premises during the repair period, the lessee may request a deduction of all or part of the rent during that period; when the lease expires, both parties shall jointly inspect the rental property and shall clearly state the expression of intention not to continue the contract for an indefinite period; both parties of the lease may terminate the lease before expiry; the expense for removing the remaining items incurred by the lessor can be deducted from the security deposit.
2. Improving the Security for Rental Housing Market Transactions
The Rental Contract is fair and reasonable compared to those in the market to avoid both parties of the lease being treated unfairly under unfair terms and conditions of the contract. Not only does the Sublease Contract serve the purposes of reducing tenancy disputes and avoiding litigation, it also helps to improve the security of rental housing market transactions.
3. Providing Fair Transaction Mechanism of Both parties of the lease and Their Rights and Obligations
A fair transaction mechanism is provided to both parties of the lease through the public announcement of the implementation of the Rental Contract which enhances the interests of both landlords and tenants considerably. By raising the consumption awareness of renters, the rental housing market can be adequately developed with time.

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