The Executive Yuan's Department of Consumer Protection (DCP) stated that recent media reports indicated that some landlords ignored legal provisions and clearly denied, restricted, or impeded tenants’ applications to the 30 billion central government expanded rental subsidy program (rental subsidies) through unjust measures such as raising the rent or early termination of the leasing contract. This severely diminished the effectiveness of the good intentions of this governmental policy to take care of disadvantaged tenants.
The DCP further explained that it is a tenant's right to apply for rental subsidies. A tenant can apply simply by filling out the application form and attaching a copy of the leasing contract and relevant supporting documents, and does not need to obtain the landlord's prior consent.
In addition, the current Mandatory and Prohibitory Provisions of Standard Contract for Housing (the Mandatory and Prohibitory Provisions) already stipulate the following regulations regarding raising rents and early termination of leasing contracts with which both landlords and tenants should comply:
I. Raising rent is prohibited
In order to protect tenants’ interests, the Mandatory and Prohibitory Provisions stipulate that landlords may not raise the rent within the duration of the lease. However, if landlords wish to lower the rent in consideration for the tenant, they may do so without restrictions.
II. Early termination of leasing contract is prohibited
In order for tenants to live in peace and not be forced to move with short notice, the Mandatory and Prohibitory Provisions stipulate that unless a tenant is involved in legally prohibited matters (such as their rent or administration fees being in arrears totaling two months’ rent, subletting the housing to a third party without authorization, intentionally damaging the housing and not repairing the damage, etc.) or by agreement by the landlord and tenant upon signing the contract to allow early termination of the leasing contract, the landlord shall perform the contract in principle and may not terminate the leasing contract without justified reasons.
The DCP wishes to remind tenants to pay attention to the following matters when applying for rental subsidies to protect their own interests:
I. They do not need to obtain landlords’ prior consent
The rental subsidies are a governmental policy aimed at realizing housing justice and easing the financial burden on disadvantaged tenants, and is in essence a tenant's right. Any qualified tenant can directly apply on his sole discretion and does not need to obtain the landlord's prior consent.
II. They can file a complaint on or report a landlord’s obstructive actions
If a landlord refuses, deliberately obstructs, or restricts or impedes the application for rental subsidy through unjust measures such as raising the rent or early termination of the leasing contract, the tenant can file a complaint on or report the landlord by presenting evidence to the bureau or department of land administration or the consumer protection officer of a municipality, city, or county.
The DCP also urges landlords to honor and perform the contract in addition to complying with the regulations of the Mandatory and Prohibitory Provisions with regard to the content of the contract when leasing their housing to earn rent. Landlords may not restrict or impede tenants applying for rental subsidies, filing leasing expenditures, or filing household registrations through unjust measures such as raising the rent or early termination of the leasing contract for their own interests.