Section No. 248: When one of the parties to a contract receives earnest money from the other, the contract is presumed to be constituted.
Section No. 249: WUnless otherwise agreed upon by the parties, the following rules apply to the earnest money:
(1) When the contract has been performed, the earnest money shall be returned or treated as one part of the payment.
(2) If the contract cannot be performed owing to a circumstance to which the party who gave the earnest money is imputed, such party shall not claim for the return of the earnest money.
(3) If the contract cannot be performed owing to a circumstance to which the party who received the earnest money is imputed, such party shall return double amounts of earnest money.
(4) If the contract cannot be performed owing to a circumstance to which neither of the parties is imputed, the earnest money shall be returned.
Section No. 421: A lease is a contract whereby the parties agree that one of them shall let the other party use a thing or collect profits therefrom and the latter shall pay a rental for it. The rental specified in the preceding paragraph may consist of money or of profits of the thing leased.
Section No. 422: A lease of real property for a period exceeding one year shall be executed in writing. If it is not so executed in writing, it is deemed to have been made for an indefinite period.
Section No. 422: Leasing a land (station) for building a house, a lessee may demand a lessor to register superficies after a contract constituted.
Section No. 423: The lessor shall be bound to deliver to the lessee the thing leased in a condition fit for the stipulated use or for the collection of profits as agreed upon. He shall be also liable to keep it up in such a condition as to be fit for such use or collection of profits during the continuance of the lease.
Section No. 424: In the case of a lease of a house or other place intended for habitation, if the defect is such as to endanger the health or safety of the lessee or of the persons living with him, the lessee may terminate the contract, although he knew of the defects at the time of the contract or has waived his right of terminating the contract.
Section No. 425: A lease continues to exist to the transferee notwithstanding the lessor transfers the ownership of the thing leased to a third party after the lessor delivered the thing leased and the lessee has possessed such thing.
The provisions of preceding paragraph shall not apply to a lease of real property without notarizing, the period exceeding five years or an indefinite period.
Section No. 425: The land and the house on such land belong to one person, he transfers only the ownership of land of the house to the other, or transfers the ownership of land and house simultaneously or in sequence to the different persons, the lease is presumed to be constituted between the transferee of the land or of the house and the person of transferor, or between the transferee of the house and of the land in the duration of the use of the house. The limitation of the period in the first paragraph of Article 449 shall not be applied.
In the case specified in the preceding paragraph, if the parties cannot reach an agreement, they may apply to the court to judge.
Section No. 426: The provisions of article 425 shall be mutatis mutandis applied, when the lessor creates the thing leased with a right in rem, which prevents the lessee from using and collecting the profits of the thing leased.
Section No. 426: Leasing a land (station) for building a house, when the lessee transfers the ownership of the house, the lease of land (station) continues to exist to the transferee of house.
Section No. 426: Leasing a land (station) for building a house, if the lessor sells the station, the lessee is entitled to have a first right to buy it according to the same condition. If the lessee sells the house, the owner of the land (station) is entitled to have a first right to buy it according to the same condition.
In the case specified in the paragraph, the seller shall notify the conditions of sale in writing to the person who has a first right to buy it. The person who has a first right to buy it is deemed to give up his right, if he doesn't express his intent to buy it with in ten days after the notice arrived. If the seller doesn't notify the person who has a first right to buy it and registers the ownership of transferring, he shall not against the person who has a first right to buy it.
Section No. 427: All charges and taxes on the thing leased shall be borne by the lessor.
Section No. 429: Unless otherwise provided by the contract or customs, the lessor shall make all repairs to the thing leased. The lessee shall not refuse the lessor to do such actions as are necessary for the maintenance of the thing leased.
Section No. 430: If, for the duration of the lease, the thing leased is necessary for repairing incumbent on the lessor, the lessee may fix a reasonable deadline and notify the lessor to make such repairs. If the lessor fails to make such repairs within the deadline, the lessee may terminate the contract or make the repairs himself with demanding the lessor to return for any expenses incurred therefrom or deducting the said expenses from the rental.
Section No. 431: If the lessee incurs any beneficial outlays for the thing leased, whereby its value is increased, and if the lessor knows of the circumstances but fails to express a contrary intent, he shall return such expenses to the lessee, upon the termination of the contract, expenses in so far as the value of the thing has been presently increased thereby. The lessee may remove all the attachments affixed to the thing leased, unless he shall restore the thing leased to its status quo ante.
Section No. 432: The lessee shall be bound to keep and manage the thing leased with the care of a good administrator. If the thing leased possesses productivity, he shall also be bound to maintain such productivity. If the lessee violates the duty under the provisions of the preceding paragraph, whereby damage or destruction has been caused to the thing leased, he is bound to compensate for the injury arising therefrom. However, he is not responsible for any damage or change caused to the thing leased through the use of the thing, or through the collection of profits therefrom, in the ways as agreed upon or in the ways as are in accordance with the nature of the thing.
Section No. 433: The lessee is bound to compensate for damage or destruction to the thing leased, which has been brought about by circumstances for which the persons living with him or any third party, whom he permits to use the thing leased or to collect profits therefrom, shall be responsible to compensate for the injury.
Section No. 434: If, owing to gross negligence of the lessee, damage or destruction is caused by fire to the thing leased, the lessee is bound to compensate the lessor for such injury.
Section No. 435: If, in consequence of circumstances for which the lessee is not responsible, the thing leased is partially destroyed for the duration of the lease, the lessee may claim for a reduction of rental proportionate to the part destroyed. In the case specified in the preceding paragraph, if the lessee cannot with the remaining part accomplish the purpose of the lease, he may terminate it.
Section No. 436: The provisions of the preceding article shall be mutatis mutandis applied, when the lessee cannot use the thing leased or collect profits therefrom in the agreed use of, whereby a third party claims rights to the thing leased.
Section No. 437: For the duration of the lease, if the thing leased is necessary for repairing incumbent upon the lessor, or if an equipment becomes necessary for avoiding a danger to the thing, or if a third party claims a right over it, the lessee shall immediately notify the lessor of the occurrence, except the lessor already knew of it. If the lessee delays giving such notice, and where the lessor owing to the delay could not afford remedy in time, the lessee shall be bound to compensate the lessor for any injury arising therefrom.
Section No. 438: The lessee shall use the thing leased or collect profits therefrom only in the ways as are agreed upon, or, in the absence of such agreement, only in the ways as are in accordance with the nature of the thing leased. If the lessee uses the thing leased or collects profits therefrom in a way against the provisions of the preceding paragraph, and if he continues to so use it notwithstanding a remonstrance of the lessor, the latter may terminate the contract.
Section No. 439: The lessee shall pay the rental at the agreed date and in the absence of such agreed date, according to customs; and in the absence of such agreement or customs, the rental shall be paid at the termination of the lease. If the rental is paid periodically, it shall be paid upon the end of each of the periods. If there is a season for the collection of profits from the thing leased, the rental shall be paid at the end of such season.
Section No. 440: If the lessee delays paying the rental, the lessor may fix a reasonable deadline and notify him to pay. If the lessee does not pay within such deadline, the lessor may terminate the lease. If the thing leased is a house, the lease cannot be terminated so long as the total rental in arrears does not correspond to two months, the provisions of the preceding paragraph shall not be applied. The rental is agreed to pay at the commence of the period, the lessor may terminate the lease only as the rental delays paying more than two months. Leasing for building a house of a land (station), as the total rental in arrears corresponds to two years, the provisions of preceding paragraph shall be applied.
Section No. 441: The lessee shall not be released from his obligation to pay his rental by the fact that he is prevented from using the thing leased or from collecting profits therefrom, either wholly or partially, through a cause brought about by himself. Section No. 442: In case the thing leased is a real property, either party may apply to the court for an increase or reduction of its rental in proportion to the fluctuation of its value, unless the lease in made for a definite period.
Section No. 443: The lessee shall not sublet the thing leased to another person without the consent of the lessor. But if the thing leased is a house, the lessee may sublet a part of it to another person, unless otherwise agreed upon a contrary intention. If the lessee sublets the thing leased to another person against the provisions of the preceding paragraph, the lessor may terminate the lease.
Section No. 444: If the lessee sublets the thing leased to another person in conformity with the provisions of the preceding article, the lease is still continuous between the lessor and the lessee. The lessee is bound to compensate for injury arising from circumstances for which the sublessee shall be responsible.
Section No. 449: The period of a lease shall not exceed twenty years. If a period longer than twenty years, such period is to be reduced to twenty years. The period specified in the preceding paragraph may be renewed by the parties. Leasing a land (station) for building a house, the provisions of the first paragraph shall not be applied.
Section No. 450: When the lease is made for a definite period, the lease terminates at the end of such period. If no such period has been specified for the termination of the lease, each party may terminate it at any time. However, if customs is in favor of the lessee, such customs shall be followed. To terminate a lease as specified in the preceding paragraph a notice shall be given in advance according to customs, but if the rental of a real property is payable weekly, fortnightly or monthly, termination is effective only at the end of the calendar week, or fortnight, or month, and a notice shall be given at least one week or fortnight or month in advance.
Section No. 451: If, after the end of the lease, the lessee still continues to use the thing leased or to collect profits therefrom, and the lessor does not immediately express his intent to the contrary, the lease is deemed to be continued for an indefinite period.
Section No. 453: If the lease is made for a definite period and if it is agreed that one of the parties may terminate the lease before its end, a notice of such termination shall be given in advance according to the provisions of the third paragraph of Article 450.
Section No. 455: The lessee shall, at the end of the lease, return the thing leased. If the thing leased possesses productivity, he shall return to the lessor and maintain the thing in a state of normal productivity.
Section No. 457: The lessor of agricultural land cannot receive the rental in advance. The lessor shall not refuse to receive, if the lessee fails to pay whole of the rental in accordance with the period instead of paying a part of the rental.
Section No. 458: The lessor of an agricultural land may terminate the lease before the end of the period of the lease in either of the following circumstance,
(1) The lessee died without successors or his successors without cultivation ability.
(2) The lessee has not cultivated for the duration more than one year, it is not by the reason of force majeure.
(3) The lessee sublets the whole or a part of the agricultural land leased to other.
(4) The sum of the rental in arrears corresponds to two years.
(5) The agricultural land has arranged according to the act or changed to be a land not for cultivating.
Section No. 459: The lease of an agricultural land with an indefinite period, the lessor in addition to restore such land for his own cultivation, may terminate the lease only if in the case specified in each paragraph of preceding article or the lessee acts against the provisions of Article 432, or the provisions of the second paragraph of Article 462.
Section No. 460: The lessor of an agricultural land sell or dian the agricultural land, the lessee is entitled to have a first right of priority to buy or dian it according to the same condition. The provisions of the second and third paragraph of Article 426-1 shall apply mutatis mutandis to preceding paragraph of buying or dianing.
Section No. 461: The lessee of an agricultural land in addition to maintain the original nature and efficiency of the agricultural land, he may raise the production of the agricultural land or improve a handy cultivation. However, he shall notify the entries of improvement and the sum of expense to the lessor in writing. The lessee may demand the lessor to return the expense specified in the preceding paragraph, when the lessee return the agricultural land. However, the price is limited to the part which hasn't lost its utility.
Section No. 463: The provisions of this section shall apply mutatis mutandis to a lease of a right.
The Land Act Chapter III. Lease of Houses and Building Sites
section No. 94:
In cities and municipalities, an appropriate number of reserve houses shall be built by the Government and leased to citizens for residence. The rental of the houses referred to in the preceding paragraph shall not exceed an amount equivalent to an annual interest of 8 per cent on the total value of the land and the buildings thereon.
Section No. 95:
In order to relieve housing shortage, the Municipal or County (City) Government may, with the approval of the Executive Yuan, reduce or remit both the land tax and the improvements tax on those lands whereon new houses are built and fix a time limit for such reduction or remission.
Section No. 96:
In cities and municipalities, necessary restrictions on the number of rooms to be occupied by each citizen for his own dwelling may, with due regard to local conditions, be prescribed by the Municipal or County (City) Government; but such restrictions shall be subject to the approval of the local assembly.
Section No. 97:
In cities and municipalities, house rentals shall not exceed an amount equivalent to an annual interest of 10 per cent on the total declared value of the land and the buildings thereon. If any house rental already agreed upon exceeds the amount prescribed in the preceding paragraph, the competent Municipal or County (City) Government may compulsorily reduce it to the limit prescribed in the preceding paragraph.
Section No. 98:
Where cash deposit is paid as security for the lease of a house, the interest on such cash deposit shall be deemed as part of the house rental. The rate of interest referred to in the preceding paragraph shall be the same as that by which the house rental is computed.
Section No. 99:
The cash deposit referred to in the preceding Article shall not exceed the total amount of two months’ house rental. If the cash deposit already paid exceeds the limit prescribed in the preceding paragraph, the lessee may use the excess deposit to counterbalance the house rental.
Section No. 100:
The lessor shall not take back his house unless one of the following conditions obtains:
(1)The lessor takes the house for his own residence or for reconstruction.
(2)The lessee subleases the house in violation of Paragraph one, Article 443 of the Civil Code .
(3)The cumulative amount of house rental which the lessee has failed to pay exceeds the equivalent of two months’ rental, after the entire cash deposit has been used to counterbalance the amount in arrears.
(4)The lessee puts the house to illegal use in violation of Acts or ordinances.
Section No. 436: Where the action is for the payment of money, other replaceable objects or securities and the price or claim value is not more than NTD 100,000, then the provisions of this Chapter on Small-Claim Proceedings shall apply. Where the court considers it inappropriate for a Small-Claim Proceeding to apply, it may, on its own initiative, switch to a summary proceeding by a ruling, and the original judge shall continue adjudicating the case. The ruling provided in the preceding paragraph is not reviewable. In an action provided in the first paragraph, where the price or claim value is not more than NTD 500,000, the parties may agree to apply a Small-Claim Proceeding and such agreement shall be evidenced in writing.
Section No. 436: In cases where a party to a Small-Claim Proceeding is a juridical person or a merchant and it has, by the standard contract that it uses, designated either the place of performance of obligations or a court of the first instance to exercise jurisdiction, the provisions of Article 12 or Article 24 shall not apply, except when both parties to such action are juridical persons or merchants.
Section No. 436: The plaintiff of an action initiated under a Small-Claim Proceeding may use the standard complaint form prescribed by the Judicial Yuan.
Section No. 436: A Small-Claim Proceeding may be conducted in the evening hours, on Sundays, or other days off, except as may be objected to by a party. The Judicial Yuan shall prescribe the rules governing the court sessions held in evening hours, on Sundays or other days off provided in the preceding paragraph.
Section No. 436: In matters provided in Article 436-8, where a mediation proceeding is required by the operation of law, and a party, without giving a justifiable reason, failed to appear at the mediation session after being duly notified to do so five days prior to the session, the court may, on a motion by the party appearing, order oral argument to be conducted immediately and may, on its own initiative, enter a default judgment. The summons for a mediation session shall indicate the legal consequence of a failure to appear provided in the preceding paragraph.