🤔 Can I list a room for rent if I’m a tenant (not the owner)?

🤔 Can I list a room for rent if I’m a tenant (not the owner)?

Published 5 months ago

In Taiwan, tenants can list a property for rent online, but it depends on lease agreement terms and landlord approval. Here’s a detailed explanation:

1. Legal requirements

  • Subletting permission:

    • Tenants must obtain the landlord’s explicit consent to sublet the property. This is typically outlined in the rental contract.
    • If the lease prohibits subletting without permission, doing so can lead to lease termination or legal penalties.
  • Tenant protection act:

    • By law, tenants may sublet only with the landlord’s approval. Verbal consent is acceptable, but written consent is strongly recommended to avoid disputes.

2. Steps to list a property as a tenant

  1. Obtain landlord consent: Request written permission from your landlord to sublet. Some landlords may require a written agreement or a copy of the sublet contract.

  2. Review your lease: Check if subletting is allowed or restricted in your rental contract. Some leases explicitly forbid it.

  3. List the Property on Taiwan Housing

  4. Manage responsibilities: As the original tenant, you remain legally responsible for the property. Ensure subtenants comply with the lease terms.

3. Risks and considerations

  • Landlord disapproval: Subletting without permission can result in eviction or financial penalties.

  • Sublet contract: Draft a written sublet agreement with the new tenant, outlining terms like rent, deposit, and duration.

  • Tax and legal compliance: Sublet income may be subject to income tax (reportable on Form 108).

4. Practical tips

  • Communicate with the landlord: Clearly explain your intentions and negotiate terms (sublet duration, rent sharing)
  • Document everything: Keep records of landlord consent, sublet contracts, and communications
  • Avoid hidden fees: Some landlords charge a fee for subletting or require a cut of the sublet rent

5. Special cases for foreigners

If you are a foreign tenant, ensure your visa status allows subletting (work or student visas typically permit it with landlord approval)

Conclusion

Tenants can list a property for rent in Taiwan (and on Taiwan Housing), but landlord approval is essential. Always prioritize transparency with your landlord and clarify terms to avoid legal or financial risks. If unsure, consult a real estate attorney or trusted agent.

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