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Application for contract exchange for transfer

iconRequirements

1. When a tenant wishes to transfer the tenancy after renting national property by tendering or through direct lease according to Paragraph 1, Article 42 of the National Property Act and using such property by the contract, he/she must ask for the consent of the leasing agency.

2. Except for ageing and frailty, household separation, or property allocation where the tenant renting lands for farming or culture under the 37.5% Arable Rent Reduction Act may apply for a contract exchange to transfer the tenancy to lineal descendants or family practicing farming or culture in the same household as registered in the time of contract execution, no transfer of the tenancy of lands for farming or culture is allowed.

3. A site tenant may transfer the tenancy to those who are not owners after the transfer of a non-national building on the site. Tenants of the property (except for lands for farming and culture under the 37.5% Arable Rent Reduction Act) will be succeeding users.

4. When a tenant transfers the tenancy, the transferee should perform the obligations specified in the original tenancy contract. Unless other laws and regulations otherwise require, the tenant should apply for a contract exchange and renewal to the leasing agency together with the transferee within one month after the date of transfer.

iconViolations and relevant measures

1. When a tenant wishes to transfer the tenancy after renting national property by tendering or through direct lease according to Paragraph 1, Article 42 of the National Property Act and using such property by the contract, he/she must ask for the consent of the leasing agency. Violations of the above rule shall result in the following:

(1) Lands for afforestation: The leasing agency will notify the tenant to exchange and renew the tenancy contract together with the transferee within one month. The leasing agency will terminate the contract when the tenant fails to do so.

(2) Constructional improvements or constructional improvements with sites: The leasing agency will terminate the lease contract.

(3) For property types other than the above two, unless other laws and regulations otherwise require, the leasing agency will notify the tenant to pay the liquidated damages amounting to two times of the monthly rent within one month. The leasing agency will also request the tenant to exchange tenancy contract together with the transferee to continue the tenancy. The leasing agency will terminate the lease contract when the tenant fails to do.

2. When a tenant transfers the tenancy, the transferee should perform the obligations specified in the original tenancy contract. Unless other laws and regulations otherwise require, the tenant should apply for a contract exchange and renewal to the leasing agency together with the transferee within one month after the date of transfer. Violations of the above rule shall result in the following:

(1) Lands for afforestation: The leasing agency will notify the tenant to exchange and renew the tenancy contract together with the transferee within one month. The leasing agency will terminate the contract when the tenant fails to do so.

(2) For property types other than the above, unless other laws and regulations otherwise require, the leasing agency will notify the tenant to pay the liquidated damages within one month. The leasing agency will also request the tenant to exchange tenancy contract together with the transferee to continue the tenancy. The leasing agency will terminate the lease contract when the tenant fails to do so. (The liquidated damages under this subparagraph will be charged at one time of the monthly rent for late performance of one full month, with a maximum amount of five times of the monthly rent.)

Release date:2019-11-14 Last updated:2022-11-29
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