Are Electronic Leases Legal in Taiwan? A Landlord's Guide After the 2024 Electronic Signatures Act Amendment

Are Electronic Leases Legal in Taiwan? A Landlord's Guide After the 2024 Electronic Signatures Act Amendment

"If we sign the lease on a phone, will it actually hold up?"

This is the question landlords and property managers ask most often.

The answer: yes, it is legal — and the 2024 amendment made it easier to use.

But many articles online still cite provisions that have already been repealed. Following them can lead you astray.

This guide uses the law as it currently stands.

The short answer

Electronic leases have full legal effect in Taiwan. The basis is Article 4 of the Electronic Signatures Act:

「Electronic documents and electronic signatures that comply with this Act shall be functionally equivalent to physical documents and signatures, and their legal effect shall not be denied merely on the ground that they are in electronic form.」

This is the principle of functional equivalence — the law will not disregard a document simply because it is electronic.

⚠️ Important: the Electronic Signatures Act was comprehensively amended on 15 May 2024 into 22 articles, and the competent authority changed to the Ministry of Digital Affairs (Article 3).

If an article you are reading still discusses "Article 9" in relation to electronic signatures, it is describing the old law, which no longer applies.

The most important 2024 change: the consent rule was inverted

This is where the old and new law differ most, and where most people get it wrong.

Old law: where a signature or seal was legally required, an electronic signature could be used only "with the consent of the other party" — consent had to be obtained first.

Current law (Article 5):

「Where the use of documents or signatures under the preceding three paragraphs involves a counterparty, unless the counterparty has already consented to the electronic form, the counterparty shall, before the electronic form is adopted, be given a reasonable period and means to object, and shall be informed that failure to object shall be presumed as consent to the electronic form.」

In plain terms, the rule moved from "get a yes first" to "give them a chance to say no; silence is presumed consent."

In practice, a landlord should:

• Notify the other party before sending the electronic lease that electronic form will be used
• Allow a reasonable period for them to object
• State clearly that failure to object will be presumed as consent
• Keep a record of that notification

Article 5, paragraph 5 also provides that the counterparty may withdraw from electronic form at any time, but legal acts already completed electronically before that withdrawal remain effective — a lease already signed does not lapse because the other party later changes their mind.

For leases over one year, does an electronic document count as a "written instrument"?

This matters, because Article 422 of the Civil Code provides:

「A lease of real property for a term exceeding one year shall be made in writing; if it is not made in writing, it shall be deemed a lease for an indefinite term.」

A lease over one year without a written instrument becomes an indefinite-term lease — which makes recovering possession considerably harder for the landlord.

Does an electronic document qualify?

Under Article 5, paragraph 2 of the Electronic Signatures Act:

「Where a law or regulation requires that something be done in writing, it may be done by electronic document if its content can be presented in its entirety and it remains accessible for subsequent reference.」

So an electronic document can replace writing provided two conditions are met:

• The content can be presented in its entirety
• It remains accessible for subsequent reference

These are not formalities. Screenshots, expiring links, or messages living inside a chat app may all fail the "accessible for subsequent reference" test when a dispute arises.

Specific duties for rental housing: three statutory "written" requirements

The Rental Housing Market Development and Regulation Act imposes additional requirements. These are the provisions property managers most often overlook:

Article 9 — three written steps for subleasing

• The sublessor must obtain the lessor's written consent before subleasing
• When signing the sublease, the sublessor must provide that written consent to the sub-lessee
• The lessor must be notified in writing within 30 days of signing

Article 10 — early termination requires written notice

Where a lessor terminates early on statutory grounds, written notice with supporting evidence must be given within set periods:

• Damage to the property, rent arrears reaching two months, subleasing without written consent, and other statutory grounds → 30 days before termination
• Recovery of possession necessary for reconstruction → 3 months before termination

Article 7 — deposit cap

「The amount of the security deposit shall not exceed the total of two months' rent.」

These "written" requirements may likewise be satisfied by electronic documents under Article 5 of the Electronic Signatures Act — provided the same two conditions are met.

Note also that Article 5 of the same Act provides that the relationship between lessor and lessee is deemed a consumer relationship subject to the Consumer Protection Act, and that clauses violating the mandatory and prohibited provisions announced by the central competent authority are void. Assembling your own lease terms carries real risk.

When is an electronic signature presumed to be the person's own?

An ordinary electronic signature is valid, but the burden of proof rests on the party asserting it.

Where a digital signature is used, Article 6 of the Electronic Signatures Act goes further:

「Where an electronic document is signed with a digital signature and the following conditions are met, it shall be presumed to have been personally signed or sealed by the principal: 1. A certificate issued by a certification authority licensed by the competent authority under Article 12 or Article 15 is used. 2. The certificate is within its valid period and scope of use.」

"Presumed" means the burden shifts: the other side must prove they did not sign it.

For a landlord in a dispute, that is a materially stronger position.

What evidence should you keep?

Article 8 of the Electronic Signatures Act answers this directly:

「Such electronic documents may be preserved together with the place of dispatch, place of receipt, internet protocol address, signing history, date, time, and other information sufficient to verify and authenticate the content of the electronic document.」

So alongside the contract itself, keep:

• The signing history (who did what, and when)
• IP addresses
• Date and time stamps
• Places of dispatch and receipt

A single PDF is not enough. When a dispute arises, what matters is whether the signing process can be reconstructed.

A practical checklist

• Notify the counterparty of electronic form before signing, allowing a reasonable period to object
• Keep the record showing notice was given and no objection was raised
• For leases over one year, ensure the document is complete and remains accessible for later inspection
• Ensure your system can export a full signing history, not just a PDF
• Obtain written consent for subleases and notify the lessor in writing within 30 days
• Keep the deposit at or below two months' rent
• Use the mandatory contract provisions announced by the central competent authority

How the Hao Future App handles this

The electronic lease feature in the Hao Future App is built around these requirements:

• Pre-signing notice and the opportunity to object are built into the flow
• Full signing history, timestamps and IP records are preserved automatically
• Contracts can be retrieved and downloaded in the app at any time, satisfying "accessible for subsequent reference"
• Deposit, term and termination fields follow the Rental Housing Act
• Once signed, rent schedules and collection records are created automatically

Landlords do not need to study the statutes themselves — following the flow satisfies the requirements.

Disclaimer

This article summarises the law in force at the time of writing and is provided for general information only. It does not constitute formal legal advice and is not a substitute for assessment by a qualified lawyer. Circumstances differ; for specific disputes, litigation or significant transactions, please consult a practising lawyer. Where this translation differs from the Traditional Chinese original, the Chinese version governs.

Sources cited

• Electronic Signatures Act (comprehensively amended 15 May 2024), Articles 3, 4, 5, 6, 8
• Civil Code, Article 422
• Rental Housing Market Development and Regulation Act, Articles 5, 7, 9, 10