Housing rental contracts in South Korea usually involve a much larger security deposit than in most other countries, which means getting the deposit back is crucial.
The Housing Lease Protection Act, in Article 4(2), states that even after the lease term ends, the lease relationship continues until the tenant's deposit has been returned. Until such time, both the landlord and the tenant continue to have the rights and obligations of the agreement.
Under Article 6 of the same act, both the landlord and the tenant are obligated to notify the other of their intention to discontinue the lease at least two months before the contract ends, but the landlord cannot do so until six months before the agreed lease termination. If neither party expresses such an intention, the deal is automatically renewed under the same conditions for two years.
Automatic renewal does not apply if a tenant has grossly violated their obligations, such as by failing to pay the rent.
If the landlord delays or refuses to return the deposit, the tenant can claim damages under the Civil Act. Even if the landlord only withholds part of the security deposit, the tenant has the right to file a claim.
For more information on getting your rental deposit back, visit the relevant page on Easy Law.
Keep in mind that landlords may withhold part of the deposit for legitimate reasons. Lease agreements typically allow for normal wear and tear, but not damage caused directly by the tenant.
For example, tenants are usually required to pay for scratches left by pets, doodling by children, and other damage attributable to the tenant. Be sure to check the fine print for what is and isn’t your responsibility.
