| 英文摘要 |
Our legislators have paid much less attention to the rental law regime than to other real estate laws. However, the issues of residence right are increasing in numbers. nderprivileged tenants or people working and studying overseas all can possibly encounter potential tenancy disputes due to their socio-economic disadvantages. The information of rental market is less transparent compared to which of the real estate trading market. National policies in the past regarded tenancy as an issue of freedom of contract and would only inactively intervene. Nonetheless, recently there has been more media coverage regarding landlords’ and tenants’ vicious behaviors, including refusal to vacate and pay rent. Additionally, a tenancy claim traditionally has a smaller amount of damage compared to which of a property right litigation, therefore the victim will be less active in seeking judicial relief. Also, the government doesn’t have as much regulatory scrutiny for such issue as on the consumer protection, thus severe social problems are caused accordingly. In developed countries, the right of residence has been gradually emphasized. In the era of skyrocketing housing prices, the real estate rental index is getting higher as well. In Taiwan, the tenancy issues are only addressed in the of Civil Code and the Land Act without a special law that responds to the modern residential needs. To ensure people’s rights of residence and better the rental market, the “Rental Market Development and Administration Act (hereinafter the Residential Tenancy Law)” is passed on November 28th, 2017. This article plans to identify those more important features in the Residential Tenancy Law, followed by raising concerns on applying the newly-amended provisions, comparison between the new legislation and the current practice, and advice on the rental laws and policies. |
