Your Guide to Tenant Repair Rights in South Korea

Something Wrong with Your House? A Complete Guide for Foreigners on Solving Housing Issues in Korea

1. Who is Legally Responsible for Repairs? (Landlord vs. Tenant)

The Landlord's Core Duty: Article 623 of the Civil Act

Korean Civil Act, Article 623 (Lessor's Duties) A lessor is obligated to deliver the object to the lessee, and to maintain it in a state necessary for its use and profit-making throughout the duration of the lease.

The Tenant's Duties: "Duty of Care" and "Duty to Notify"

Landlord's Responsibility vs. Tenant's Responsibility: Specific Cases

🏠 Landlord's Responsibility: Major Facilities & Deterioration

• Core Facilities: Boiler, water/gas pipes, electrical wiring, building pillars, structural wall cracks—anything essential for living.

• Structural Issues: Water leaks, severe mold from condensation due to poor insulation (gyeolro), and problems with the building's exterior.

• Built-in Options: Malfunctions of pre-installed appliances like air conditioners, washing machines, refrigerators, or induction stovetops due to normal aging (as long as you did not break them).

• Safety-Related: A broken door lock (due to age or defect), a torn insect screen (from normal wear), or issues with the main entrance door.

👤 Tenant's Responsibility: Consumables & Damage You Caused

• Simple Consumables: Replacing light bulbs, remote control batteries, or door lock batteries.

• Damage from Negligence: A window you accidentally broke, excessive nail holes in the wall, or wallpaper/flooring damaged by a pet.

• Neglect of Daily Upkeep: Minor mold caused by poor ventilation, or a clogged toilet/sink drain due to food waste or hair.

"The Power and Limits of Special Contract Clauses"

Your lease may contain a special clause (teukyak) stating, "The tenant is responsible for minor repairs." While this clause is legally valid, Korean courts interpret its scope very narrowly. This means that even with such a clause, major repairs like replacing a boiler or fixing a serious leak remain the landlord's responsibility. Don't let a contract clause bully you into accepting unfair charges.

2. A Problem Occurs! Your 4-Step Action Plan

Step 1: Document Everything (Crucially Important!)

• Take Photos and Videos: Clearly capture the problem area from multiple angles. (e.g., the boiler's error code, the exact spot of the leak, the full extent of the mold). Using a timestamp app on your phone to show the date and time is even better.

• Keep a Log: Write down when the problem started and what inconveniences it's causing. A simple dated memo is sufficient.

Step 2: Officially Notify Your Landlord

• Use Text Messages or KakaoTalk, Not Phone Calls: The conversation history is saved automatically, serving as clear proof of when and what you reported.

• Be Clear and Polite: Describe the situation concisely and factually, avoiding emotional language. Objective facts are more effective than pleas.

[Sample Repair Request Message]

English: Hello, this is [Your Name], the tenant of [Apt/Villa Name, Unit #]. I am writing to inform you that there is a [water leak] from the [ceiling in the master bedroom]. Please visit to check the condition when you are available and arrange for prompt repairs. I have attached photos for your reference. Thank you.

Korean (for reference): 안녕하세요, [아파트/빌라 이름 및 호수]에 거주하는 임차인 [이름]입니다. 다름이 아니라, [안방 천장]에서 [물이 새고 있습니다]. 생활에 불편이 있어 연락드렸습니다. 시간 괜찮으실 때 방문하시어 상태를 확인해 주시고, 조속한 수리를 부탁드립니다. 관련 사진을 첨부합니다. 감사합니다.

Step 3: Arrange Repairs and Settle Costs

• What if the landlord doesn't respond or delays the repair?
• After waiting a reasonable amount of time (e.g., a few days), send a follow-up message to state your intentions clearly.
• Example: "Hello, it has been several days without hot water due to the broken boiler, which is causing significant hardship. If no action is taken by tomorrow, I will arrange for the repair myself and claim the cost. I will deduct the repair fee from this month's rent."
• This is your legal right (right to claim necessary expenses), but it should be used as a last resort and with caution.

• Receipts are Essential: After the repair is complete, you must keep the receipt or have a bank transfer record to claim the cost.

Step 4: Communicate Smoothly to Prevent Disputes

• Be Respectful: In Korea, it's common to address a landlord as sajangnim (사장님), which is a general term of respect. A polite attitude can go a long way in solving problems.

• Communicate Clearly: Instead of saying, "This is so inconvenient," state the facts: "Error code 07 is showing, and I cannot take a shower because there is no hot water."

3. When Communication Fails: Where to Get Help

Housing Lease Dispute Mediation Committee (HLDMC)

• Benefits:
• Speed: Cases are typically concluded within 60 days.
• Low Cost: Fees range from just ₩10,000 to ₩100,000, depending on the amount in dispute.
• Legal Power: If both parties accept the mediation proposal, it has the same legal force as a final court judgment.

• How to Apply:
• You can apply online or by visiting a local committee office.
• You will need a copy of your lease contract and your evidence (photos, text message history, etc.).

• Contact: Dial 132 (without an area code) to reach the Korea Legal Aid Corporation, which can guide you to the nearest committee office.

Additional Support for Foreigners

Conclusion: Know Your Rights and Act Wisely

Glossary

• Imdaein (임대인): Landlord or Lessor.

• Imchain (임차인): Tenant or Lessee.

• Suseon-uimu (수선의무): The landlord's legal "duty to repair and maintain" the property in a usable condition.

• Teukyak (특약): Special clauses or provisions added to a standard contract.

• Piryobi sangwhan-cheonggugwon (필요비 상환청구권): The tenant's right to claim reimbursement for necessary expenses (e.g., urgent repairs) that the landlord was supposed to cover.

• Sajangnim (사장님): Literally "CEO," but commonly used as a polite and respectful term to address a landlord.

Your Partner in Korean Housing, From Start to Finish