Whether as university students or young professionals working away from home, almost everyone faces the reality of renting an apartment or studio. Under normal circumstances, during pre-lease negotiations, both parties execute a formal tenancy agreement. Less normally, however, almost everyone encounters landlords who insist on collecting and hoarding photocopies of your National ID card.

When confronted by a landlord demanding an ID copy, many prospective tenants—fearing confrontation, bureaucratic inconvenience, or antagonizing the owner—simply comply and hand over their documents with both hands.

Yet have you ever paused to consider: is it genuinely necessary to surrender photocopies of your National ID and sensitive personal details directly into a stranger’s hands?

Are you not concerned about predatory landlords abusing your personal data?

In reality, handing ID copies over to landlords has long been a contentious topic. Even the renowned Tsuei Ma Ma Foundation for Housing and Community Services, an organization dedicated to protecting tenant welfare, only notes the following:

Landlords request ID photocopies primarily out of concern that if unexpected incidents occur during the lease term, they might face difficulties tracing the tenant without proof of identity… However, leaving identification copies in another’s possession carries inherent risks. If concerned about fraudulent misuse, tenants may write across the photocopy: “For residential lease purposes only.”

In other words, even tenant-advocacy groups concede that a landlord’s demand for ID copies is widely tolerated in practice.

While it is true that many citizens lack robust legal literacy, far more exploit this ignorance to bully vulnerable groups like students and fresh graduates.

In truth, providing an ID photocopy to a landlord offers zero substantive legal value. If a landlord genuinely seeks maximum legal protection and enforceability for the contract, what they ought to do is take the agreement to an official notary public.

Let us examine the key milestones in the tenancy agreement process:

  1. Before paying a holding deposit and before contract signing;
  2. After paying a deposit, but prior to contract execution;
  3. After the lease contract has been signed, regardless of whether a deposit was paid.

At the first stage, you and the landlord have merely completed an initial property viewing. Most landlords will not rashly demand an ID copy at this point. If a landlord mentions that you must bring an ID photocopy to the upcoming contract signing, I advise politely declining, offering the legal rationale and compromise solutions detailed below—or simply walking away to find a better rental property.

At the second and third stages, remember that you must obtain a formal receipt or written proof confirming payment of the deposit. If a landlord refuses to issue written acknowledgment, treat this as a major red flag and walk away immediately.

If the landlord promises to furnish a receipt later, make sure to preserve all transactional evidence (bank transfer slips, text messages). You can never have too much self-protection.

At both the second and third stages, the statutory prerequisites for forming a valid lease contract have already been satisfied. Even if the tenant refuses to provide an ID photocopy, the landlord remains legally obligated to deliver the premises pursuant to contractual terms. Once you pass the third stage (contract executed), you are under no obligation whatsoever to accommodate the landlord’s superfluous demands.

I once personally experienced a scenario where I had paid the rent and deposit, executed the lease, and lived in the apartment for over two weeks when the landlord out of nowhere demanded an ID photocopy—I completely ignored the request.

Let us return to the second stage, which directly relates to an incident a junior schoolmate from university called me about today.

Having recently been admitted to the graduate institute at National Yang-Ming University, she was hunting for accommodation around the Beitou district. However, her landlord subsequently informed her: “If you do not submit a photocopy of your National ID card, your deposit will be confiscated.”

Regarding this ultimatum, the landlord claimed: “Re-listing rental advertisements incurs advertising fees; therefore, the holding deposit will be forfeited.”

Such a statement is an outright falsehood. The landlord operated multiple rental units on a single floor, and the existing listings had never been withdrawn in the first place.

As for why this landlord demanded an ID copy, the justification sounded even more absurd.

The landlord claimed: “It is required for submission to the Taipei City Government for the national census.”

This explanation was yet another blatant lie. Is the landlord still living in the mid-20th-century era when the National Government relocated to Taiwan Province? Why not claim he wants to register her household directly?

The far more plausible reality is simple: the landlord had no intention of declaring rental income or paying statutory property taxes.

Perhaps, as suggested by the Tsuei Ma Ma Foundation, providing an annotated copy with a restricted-use declaration represents a pragmatic compromise for most tenants. After all, tenants seeking housing are historically in an asymmetric, disadvantaged bargaining position.

Whether renting for education or employment, when prospective tenants locate an apartment with manageable rent and decent conditions, they naturally desire to secure it quickly. This dynamic often emboldens landlords to make overbearing demands.

While walking away is always an option, many choose to endure in silence. After all, if you refuse, someone else will accept—which is why unreasonable landlords remain so self-assured.

I do not claim that handing an ID copy to a landlord will invariably lead to disaster. Nonetheless, refusing unnecessary ID disclosure remains an essential mindset for personal data sovereignty and legal self-protection.

If statutory law does not mandate it, and administrative regulations do not require it, on what legal authority can a landlord demand it?

If a landlord can make arbitrary demands today, there is no guarantee they will not push further tomorrow. As the local Taiwanese proverb aptly puts it: "**soft earth gets dug the deepest**" (meaning people exploit those who yield easily).

The single most effective and balanced counter-strategy available to prospective tenants—one that also appeals to basic fairness—is reciprocal verification: request the landlord to provide equivalent documentation (such as a copy of the landlord’s National ID or property ownership deed), and suggest mutual in-person verification of identity details against the contract, strictly avoiding the retention of physical copies.

If a landlord refuses to provide verifying documents while aggressively demanding your ID copy and rejecting all reasonable accommodations, trust me: walk away immediately. Such an individual is either unscrupulous or an eccentric, difficult owner.

Naturally, unless you encounter a landlord with proper legal understanding, insisting on mutual fairness may cause some landlords to decline leasing to someone they perceive as “troublesome.”

My recommendation is straightforward: if consensus cannot be reached and you have suffered no monetary loss, treat the visit as a free interior design tour and move on.

It may feel helpless, but ask yourself whether it is worth sacrificing your peace of mind and data security for that specific apartment. If every renter develops proper legal awareness, exploitative landlords will no longer be able to sustain these arbitrary demands—including charging extortionate electricity rates of NT$5 per kilowatt-hour.

Statutory Appendix

Below are key legal provisions under the laws of the Republic of China relevant to residential leasing, compiled for readers’ reference.

Civil Code of the Republic of China

  • Article 248: When one of the parties to a contract receives an earnest money deposit from the other party, the contract is presumed to be established.
  • Article 249: Unless otherwise agreed upon by the parties, the following provisions apply to earnest money deposits:
    1. Upon performance of the contract, the deposit shall be returned or applied as part of the payment.
    2. If the contract cannot be performed due to reasons attributable to the party who paid the deposit, that party may not claim the return of the deposit.
    3. If the contract cannot be performed due to reasons attributable to the party who received the deposit, that party shall return double the amount of the deposit received.
    4. If the contract cannot be performed due to reasons not attributable to either party, the deposit shall be returned.
  • Article 421 (Definition of Lease): A lease is a contract whereby the parties agree that one party shall allow the other party to use and collect fruits of a thing, and the other party shall pay rent therefor. The aforementioned rent may consist of money or fruits of the leased object.
  • Article 422 (Form of Real Estate Lease): A lease of real property for a period exceeding one year shall be executed in writing. If it is not executed in writing, it shall be deemed a lease for an indefinite period.
  • Article 422-1: In a lease of land for building construction, the lessee may, after the formation of the contract, request the lessor to register the creation of a superficial right (superficies).
  • Article 423 (Obligation of Delivery and Maintenance): The lessor shall deliver to the lessee the leased property in a condition fit for the agreed use and fruit collection, and shall maintain it in such condition throughout the duration of the lease.
  • Article 424 (Lessee’s Right of Termination): Where the leased property consists of a house or other place intended for habitation, if there exists a defect that endangers the safety or health of the lessee or cohabitants, the lessee may terminate the contract, even if the lessee was aware of the defect at the time of contract execution or waived the right of termination.
  • Article 425 (Lease Survives Ownership Transfer): After delivery of the leased property, even if the lessor transfers ownership to a third party, the lease contract remains valid against the transferee. The preceding paragraph does not apply to un-notarized real estate leases exceeding five years or for an indefinite term.
  • Article 425-1: Where land and the building thereon belong to the same owner, and only the land or only the building is transferred to another person, or where land and building are transferred simultaneously or sequentially to different persons, a leasehold relationship is presumed between the transferees during the usable lifetime of the building.
  • Article 426: Where the lessor establishes a real right over the leased property that obstructs the lessee’s use, the provisions of Article 425 apply mutatis mutandis.
  • Article 426-1: In a lease of land for building construction, upon transfer of ownership of the building, the land lease contract remains valid against the transferee of the building.
  • Article 426-2: In a lease of land for building construction, if the lessor sells the land, the lessee has the preemptive right of purchase under identical conditions. If the lessee sells the building, the landowner has the preemptive right of purchase under identical conditions.
  • Article 427 (Burden of Taxes and Dues): All taxes and public dues levied upon the leased property shall be borne by the lessor.
  • Article 429 (Lessor’s Repair Duty): Unless otherwise agreed by contract or established by custom, repairs on the leased property shall be borne by the lessor. The lessee may not refuse necessary actions undertaken by the lessor to preserve the leased property.
  • Article 430 (Effect of Non-Performance of Repair Duty): During the lease term, if repairs become necessary that are the lessor’s responsibility, the lessee may set a reasonable deadline demanding repairs. If the lessor fails to perform repairs within said deadline, the lessee may terminate the contract, or undertake repairs independently and demand reimbursement or offset the costs against rent.
  • Article 431 (Reimbursement of Beneficial Expenses): Where the lessee incurs beneficial expenses on the leased property increasing its value, if the lessor was aware and raised no objection, the lessor shall reimburse such expenses upon lease termination, limited to the existing appreciation value. The lessee may remove added fixtures, provided the property is restored to its original condition.
  • Article 432 (Duty of Care of Lessee): The lessee shall exercise the care of a good administrator in preserving the leased property. If the property is productive, its productive capacity shall be maintained. Violation causing damage or loss incurs liability for compensation, except where wear or alterations arise from agreed usage or nature of the property.
  • Article 433 (Liability for Third Parties): If the leased property is damaged or destroyed due to acts attributable to cohabitants or third parties permitted by the lessee to use the property, the lessee bears liability for compensation.
  • Article 434 (Liability for Fire): The lessee is liable for damages to the lessor resulting from fire only in the event of gross negligence.
  • Article 435 (Partial Loss of Leased Property): If part of the leased property is destroyed due to circumstances not attributable to the lessee, rent may be proportionately reduced. If the remaining portion cannot fulfill the purpose of the lease, the lessee may terminate the contract.
  • Article 436 (Defect in Title): The provisions of Article 435 apply mutatis mutandis when a third party asserts rights over the leased property preventing agreed use.
  • Article 437 (Lessee’s Duty to Notify): The lessee shall notify the lessor without delay if repairs are needed, if preventive facilities are required, or if a third party asserts claims, unless already known to the lessor.
  • Article 438 (Method of Use): The lessee shall use the leased property in accordance with agreed terms, or in accordance with its natural character. Continued violation despite lessor’s objection entitles the lessor to terminate the contract.
  • Article 439 (Time of Rent Payment): Rent shall be paid on the agreed dates, or according to custom, or at the end of the lease term. Periodic rent is due at the end of each period.
  • Article 440 (Default in Rent Payment): If the lessee defaults on rent, the lessor may set a reasonable deadline demanding payment; if payment is not made within the period, the lessor may terminate the contract. For residential leases, total arrears must reach two rental periods before termination may occur.
  • Article 441 (Continued Obligation to Pay Rent): A lessee prevented from using the property due to personal reasons is not relieved from paying rent.
  • Article 442 (Rent Adjustment for Real Property): Either party may petition the court to increase or decrease rent based on fluctuations in real property value, unless the lease has a fixed term.
  • Article 443 (Sublease): The lessee may not sublease without the lessor’s consent. For residential premises, the lessee may sublease a portion thereof unless expressly prohibited by agreement.
  • Article 444 (Effect of Sublease): When subleasing pursuant to Article 443, the original lease remains in force. The lessee remains liable for damages caused by the sublessee.
  • Article 449 (Maximum Lease Duration): A lease term may not exceed twenty years. Periods exceeding twenty years are reduced to twenty years, renewable upon mutual agreement.
  • Article 450 (Extinction of Lease): A fixed-term lease expires at the end of the term. An indefinite-term lease may be terminated at any time with prior notice.
  • Article 451 (Tacit Renewal): If the lessee continues using the property after lease expiration without immediate objection from the lessor, the contract is deemed renewed on an indefinite-term basis.
  • Article 453 (Early Termination of Fixed Lease): If a fixed lease reserves the right of early termination, prior notice must be given in accordance with statutory rules.
  • Article 455 (Return of Leased Property): The lessee shall return the property upon termination of the lease.

Land Act of the Republic of China

  • Article 94: The government shall construct a suitable quantity of reserve housing in urban areas for citizens to rent for personal habitation. The rent for such housing shall not exceed eight percent of the annual yield on the total value of the land and buildings.
  • Article 97 (Limitation on Urban Housing Rent): Rent for urban residential housing shall not exceed ten percent of the declared annual assessed value of the land and buildings combined. If agreed rent exceeds this limit, the municipal/county government may forcibly reduce it.
  • Article 98 (Security Deposit Interest): Where cash is paid as a security deposit, interest on the cash deposit is deemed part of the rent.
  • Article 99 (Limitation on Security Deposit Amount): Security deposits shall not exceed the equivalent of two months’ rent. Any excess may be applied by the lessee toward rent payment.
  • Article 100 (Restrictions on Repossession of Indefinite Leases): Lessors may not repossess leased houses under indefinite leases except under statutory conditions such as owner personal use, major reconstruction, sublease violations, or rental arrears exceeding two months after applying the deposit.

Taiwan Code of Civil Procedure (Small Claims Procedure)

  • Article 436-8: Actions claiming payment of money, fungibles, or securities where the claim amount does not exceed NT$100,000 shall be subject to the small claims procedure. By mutual written agreement of the parties, claims up to NT$500,000 may also utilize small claims procedures.
  • Article 436-10: Small claims complaints may be filed using standardized forms prescribed by the Judicial Yuan.
  • Article 436-11: Small claims hearings may be conducted during evenings, Sundays, or statutory holidays, unless objected to by a party.
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TagsRental HousingTenancy AgreementLawCivil CodeNational ID Card