The Research of Security Deposits in Real Estate Tenancy

• Main Authors: Si Chen, 陳熙
• Other Authors: 吳從周
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/s79u76

碩士 === 國立臺灣大學 === 法律學研究所 === 107 === Security deposit is the most commonly used method of securing landlord’s right when tenancy debts occur. However, the content of security deposit may differ from case to case due to freedom of contract. Thus, a security deposit may not only be considered as a secure method, but as a payment method of rent if parties have an agreement so as to meet their interests. As for the legal nature of security deposit, although it has been discussed both in practice and academia, but still controversial until this day. This thesis attempts to summarize three different kinds of security deposit and to analyze its legal nature respectively. In the case of tenants in situ, namely a property is transferred to a buyer and the tenant is still living there, but what happens to the security deposit when changing landlords? If parties have an agreement on it, the problem would be solved. Otherwise, is the previous landlord security deposit still responsible for the return of the security deposit? Or will the new landlord take on the liability? To solve this issue, based on the above, we must identify the legal nature of security deposit. Finally, the Rental Housing Market Development and Regulation Act took effect on June 27, 2018. This act stipulates the definition of security deposit, and how it affects landlord if he or she wants to terminate the tenancy. The interaction between security deposit and restriction of the landlord’s power of terminating the tenancy will be a challenge in the future.