Basic Tenant Rights & Obligations under Korean Civil Law
When you move into a new home in Korea, your rights as a tenant aren’t just about protecting your deposit. Aside from the special protections under the Housing Lease Protection Act (주택임대차보호법), Korea’s Civil Code (민법) grants you several core rights and responsibilities the moment you sign a lease.
Let’s break them down—because knowing your rights (and your duties) is the first step to a safe and smooth tenancy.
Tenant Rights under Korean Civil Law
Right to Use and Benefit (사용·수익권)
As soon as your lease begins, you have the right to use and benefit from the property. This means you can demand that the landlord hand over the unit, and you can also request that they keep the property in reasonably livable condition throughout the lease.
To fully enforce your lease rights against third parties—such as a new building owner—you must register your residency (전입신고) at the local Dong office (주민센터) immediately after moving in. This is how you obtain Countervailing Power (대항력), a key protection under the Housing Lease Protection Act. I explain this concept in detail in a previous post.
Right to Request Lease Registration (임대차등기협력청구권)
You have the right to ask your landlord to cooperate with registering your lease in the official property registry. If they refuse, you can go to court to request a judgment allowing unilateral registration or use the Leasehold Registration Order system (임차권등기명령) to do it yourself.
Realtor Tip:
Most tenants in Korea don’t register their lease in the registry. It takes extra time and money, and landlords often avoid it due to concerns about adding claims to the property—especially when preparing to sell.
Instead, most residential tenants follow a simpler method:
- Get the lease certified at the dong office (확정일자)
- Register your residency at the same address (전입신고)
These two steps—done right after moving in—grant you the same protections, including Countervailing Power (대항력) and Preferential Repayment Right (우선변제권). This is the standard practice in Korea for 월세 and 전세 leases.
Right to Request Rent Reduction (차임감액청구권)
If costs such as taxes, utility fees, or economic conditions (e.g., a pandemic) change significantly during your lease, you can request a reduction in rent or deposit.
Even if your lease says rent cannot be reduced, Korean law considers such clauses invalid if they unfairly limit tenant rights.
You can also request a partial rent reduction if part of the unit becomes unusable through no fault of your own (e.g., damage or safety issues). If the remaining space becomes unfit for living, you may terminate the lease.
Right to Sell or Remove Fixtures (부속물매수청구권 또는 철거권)
If you added items like air conditioners or shelving—with the landlord’s consent—you can ask the landlord to purchase them when the lease ends. If the landlord refuses, you have the right to remove them.
Right to Reclaim Necessary Expenses (필요비상환청구권)
If you spent money to keep the home livable—such as fixing a serious leak or replacing a broken essential appliance—you can request reimbursement from the landlord, even if you didn’t get prior approval.
However, this right applies only to standard monthly rent (월세) tenants, not to Jeonse (전세) tenants with a registered leasehold right. Jeonse tenants are generally expected to handle routine maintenance themselves.
Realtor Tip:
Always notify your landlord as soon as possible—ideally before making the repair. That way, the landlord can either reimburse you directly or deduct the cost from your next rent payment. Prompt communication makes things smoother for both sides.
Right to Reclaim Useful Expenses (유익비상환청구권)
If you made improvements that increased the property’s value—like installing upgraded lighting or new flooring—the landlord may be required to reimburse you at the end of the lease. However, this only applies if:
- The improvements still exist at the time of move-out, and
- They continue to contribute value to the property.
This type of expense is different from Necessity expenses (필요비). In Korean law:
- Necessity expenses are costs spent to maintain or preserve the property in usable condition.
- Value Improvement expenses are costs that improve or enhance the property’s value.
Like Necessity expenses, Value Improvement expenses does not require the landlord’s prior approval to be valid. However, the timing of the claim is different:
- Necessity expenses can be claimed immediately after the expense is incurred, and the full amount can be requested.
- Value Improvement expenses can only be claimed after the lease ends, and only if the value increase remains.
If the tenant hands over the property without receiving reimbursement, they must file the reimbursement claim within six months of move-out. Failing to do so may result in losing the right to claim.
Realtor Tip:
Some leases include a clause where tenants waive the right to claim value improvement expenses in advance. Also, if you agreed to restore the property to its original condition at the end of the lease, this could be interpreted as a waiver of the Value Improvement expenses claim. Always double-check your lease before assuming this right applies.
Tenant Obligations under Korean Civil Law
Paying Rent (차임지급의무)
Tenants are obligated to pay rent as agreed in the lease contract. This payment is made in exchange for the right to use and benefit from the home. Unless otherwise specified in the lease, rent is typically due on the last day of each month.
If rent is not paid on time, the tenant may be responsible for late payment interest, unless the landlord decides to deduct the unpaid amount from the security deposit. The exact terms usually follow what’s written in the lease agreement.
But what happens when rent is severely overdue?
Korean law allows the landlord to terminate the housing lease if the tenant’s unpaid rent reaches the equivalent of two months' worth of rent (three month’s worth of rent for commercial leases). Here's how the courts interpret this rule:
- It doesn’t have to be two consecutive missed payments—what matters is the total unpaid amount reaching the value of two months’ rent.
- If the tenant has been late multiple times but never owed more than two months’ worth at once, the landlord cannot terminate the lease.
- If the unpaid rent does reach the two-month threshold and the landlord issues a termination notice, the termination remains valid—even if the tenant later pays off the overdue amount. Courts have ruled that once trust is broken, the landlord’s decision to terminate is considered legally justified.
Realtor Tip:
Paying rent late doesn’t just risk legal trouble—it can also hurt your credibility and your chance of renewing the lease on favorable terms. If you're ever in a tight spot, communicate early with your landlord or your realtor to find a temporary arrangement before things escalate.
Using the Property Properly (사용·수익에 따른 의무)
You must use the unit as intended and take care of it with the same responsibility as you would your own home. Misuse or neglect can lead to liability.
Reporting Major Issues to the Landlord (하자통지 의무)
If the unit needs repairs or someone else claims a right to the property, you must notify the landlord—unless they’re already aware.
Cooperating with the Landlord’s Repairs (수선인용 의무)
You can’t block the landlord from making essential repairs. However, if those repairs disrupt your ability to live in the unit, you may be able to terminate the lease.
Returning the Property in Original Condition (원상회복의무)
When your lease ends, you must return the unit in its original condition. This usually means removing any additions or alterations you made, unless your lease says otherwise.
The exact scope of restoration depends on the unit’s condition at move-in, the modifications made, and the lease terms—so it’s a good idea to take photos when you first move in.
Realtor Tip:
If your lease includes a clause requiring full restoration, this may be interpreted as giving up your right to claim reimbursement for Value Improvements expenses (유익비) or request the landlord to purchase any added fixtures (부속물 매수청구권). To avoid disputes, it's a good idea to include clear terms in your lease specifying whether those rights are waived or preserved.
Final Note
Most of the rights and responsibilities outlined here—like paying rent, using the home properly, and restoring the unit—are common in lease laws worldwide. They reflect general legal principles shared across many countries.
What makes Korea unique is the Housing Lease Protection Act (주택임대차보호법), which adds another layer of protection for tenants, including deposit security, automatic contract renewal, and tenant priority rights.
I’ll break that down in an upcoming post.