[Must-see when renting a house] Who pays for repairing toilets and replacing light bulbs? Understand the "Rights and Responsibilities of Rental Housing Repairs" in one form, so don't quarrel with the landlord again!

Foreword: Renovation disputes - a touchstone of the rental relationship

In Taiwan's rental market, "repair issues" have been among the top three disputes for many years. The toilet is blocked, the air conditioner is broken, and the ceiling is leaking. These trivial matters often turn into legal battles between landlords and tenants. What exactly should the landlord pay for? What is the tenant’s responsibility? This article will clarify the legal boundaries for you based on the Civil Code and the Rental Housing Market Development and Management Regulations.

Section 1: Legal Principles - The Landlord is the First Responsible Person

According to Articles 423 and 429 of the Civil Code, unless otherwise expressly agreed in the contract, the landlord (lessor) has the obligation to maintain the leased property in a "condition suitable for the agreed use".

• Landlord’s responsibility area: The structure of the house (such as wall cracks, leaks in the attic), basic water and electricity pipelines (old wires, broken water pipes), and the home appliances included in the contract (original air conditioners, refrigerators, gas stoves).
• Tenant Responsibility Area: Damage caused by tenant’s negligence and improper use (such as things falling into the toilet, pets scratching the sofa). In addition, "consumables" such as light bulbs, batteries, and filters are usually borne by the tenant in practice.

Section 2: Analysis of common repair dispute situations

In order to facilitate readers' judgment, we have summarized it as follows:

• Clogged toilet: The landlord is responsible for damage to natural parts (such as a broken float); the tenant (man-made) is responsible for the obstruction of foreign objects.
• Air conditioning failure: The landlord is responsible for the loss of refrigerant due to aging of the compressor; the tenant (improper maintenance) is responsible for the failure caused by not washing the filter for a long time.
• Wall seepage: Water leaks upstairs or exterior wall seepage (structural problems) are the responsibility of the landlord.
• The lamp does not work: It is a daily consumable item and is usually the responsibility of the tenant (depending on the contract).
• Circuit tripping: The landlord is responsible for aging wires and main box failures; the tenant is responsible for overloading caused by privately connecting large power equipment.

Section 3: SOP Procedures for Repair Problems

When damage occurs, please follow the following steps to protect your own rights and interests:

1. Notification Obligation: Tenants should notify the landlord "immediately" if they discover problems. If the damage is magnified due to failure to report it (for example, a small water seepage turns into flooding in a neighbor), the tenant may be held liable.
2. Evidence records: Take photos, videos, and leave written records via Line or email to ensure the traceability of the communication process.
3. Request for repairs: Give the landlord "reasonable time to make repairs."
4. Repair and deduct rent: If the landlord still refuses to handle the problem after being reminded, the tenant can find a plumber to repair the problem on his own in accordance with Article 430 of the Civil Code, and ask the landlord to pay the fee or deduct it from the next month's rent (note: the invoice must be kept, and it is limited to "necessary" repair fees).

Section 4: The "Special Clause" Trap in the Contract

Many leases will state that "the tenant shall be responsible for any damage to equipment." Before signing, tenants should be aware that if such clauses do not specify a maximum repair amount, the tenant may have to bear expensive air-conditioning repair costs. It is recommended to add when signing the contract: "Small repairs (such as consumables under $500) will be borne by the tenant, while major repairs will be the responsibility of the landlord."

Conclusion: Integrity and communication are the best medicine

The law is the final bottom line. A good rental relationship is based on mutual understanding between both parties: the landlord should ensure that the tenant can live with peace of mind, and the tenant should maintain the rental property as much as they care for their own belongings. Transparent communication and reasonable contract agreements can reduce maintenance disputes by more than 90%.