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Q1: Is there any rent reduction or exemption for leased national non-public use land due to natural disasters?

A1:

I. For leased national non-public use real estate that has yielded less revenue or cannot be used any more due to force majeure such as natural disasters, the lessee is eligible to pay less rent or even be exempt from it, and the start date of and implementation measures for rent reduction and exemption from rent are described as follows:

(I) Building Sites:

A. The start date of exemption and period: if the house on the building site cannot be used or lived in any more due to the disasters specified in Article 2 of the Disaster Prevention and Protection Act, the lessee is exempt from the rent from the month the disaster strikes to the end of the month the repair or new construction is completed.

B. Identification methods:

(A) The month the repair or new construction is completed mentioned in the preceding paragraph shall be reported by the lessee with an affidavit. If there is any falsity or delay, the lessee shall be legally liable, and the default penalty for overdue payment shall be collected.

(B) The leasing agency that accepts the lessee's application for rent reduction or exemption must identify the damage based on the data provided by the disaster prevention and protection agency or based on on-site investigation. However, if the disaster-stricken area is clear, the leasing agency can actively investigate based on the information provided by the disaster prevention and protection agency, avoiding investigation on a case-by-case basis.

(C) If the leasing agency that receives the lessee's application for rent reduction or exemption cannot identify the cause of damage to the house, the seriousness of the damage, and the period of rent reduction because the house has been repaired at the time of the site investigation , but can identify the damage based on the data provided by the disaster prevention and protection agency, photographs taken at the scene, or a certificate provided by the village, the leasing agency can approve the lessee's application.

C. Handling of rent arrears: the default penalty for the rent owed before the disaster shall not be accumulated during the rent exemption period.

(II) National land leased out for cultivation, farming (type B), animal husbandry, and aquaculture: the lease agreement that The 37.5% Arable Rent Reduction Act applies to shall be handled according to Article 11 of The Act, however the lease agreement The Act does not apply to shall be also handled by consulting Article 11 of The Act.

(III) Houses (real estate): If leased state-owned houses (real estate) are damaged or cannot be used or lived in due to force majeure such as natural disasters, the lease agreement shall be terminated, the houses (real estate) shall be recovered, and the rent shall be paid until the end of the month before the month the agreement is terminated, so there is no rent exemption issue.

(IV) Afforestation and forestland (type A): No rent reduction or exemption

II. For national non-public use real estate leased by tender that has yielded less revenue or cannot be used any more due to force majeure such as natural disasters shall be handled according to the aforementioned regulations on leased national non-public use real estate.

Release date:2020-06-19 Last updated:2022-11-21
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