If a landlord decides to renovate the building while you are still living there, it can create significant disruption to your life. In Korea, tenants have specific 'Habitability Rights' that prevent landlords from forcing you into a construction zone without proper compensation or consent.
1. The Right to Refuse Renovation
Under the Civil Act, the landlord has a 'Duty to Maintain' the property, but this does not give them a 'Right to Intrude.' If a landlord wants to do non-urgent renovations (e.g., cosmetic upgrades, building a new floor) that interfere with your daily life, you have the legal right to refuse entry. The landlord must coordinate a time that works for you or wait until the lease ends.
2. Emergency Repairs vs. Cosmetic Renovation
- Emergency Repairs: If there is a major leak or gas risk, you must allow the landlord to fix it (Article 624).
- Cosmetic Renovation: If the landlord wants to renovate just to increase the property value, they must get your explicit consent.
3. Claiming Relocation Costs (Isa-bi)
If the renovation is so severe that you cannot live in the house (e.g., no water, electricity, or extreme noise), and the landlord insists on proceeding, they are effectively asking you to move out early. In this case, you should negotiate a Relocation Package which typically includes:
- Moving costs (Isa-bi).
- The real estate brokerage fee (Bok-bi) for your new apartment.
- Compensation for the inconvenience (often 1-2 months of rent).
4. Rent Reduction (Im-dae-ryo Gam-aek)
If the renovation proceeds while you are still in the unit but reduces the usable space or comfort, you have the legal right to request a proportional rent reduction. You should not pay the full rent if half of your apartment is a construction site.
5. Why Hoam Law Firm?
Landlords often use 'renovation' as a tactic to force tenants out before their contract ends so they can raise the rent for a new person. Hoam Law Firm helps you identify these 'Bad Faith' evictions. We negotiate with landlords to ensure you receive the maximum relocation compensation or successfully block unnecessary construction that violates your right to a peaceful home.
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![[HOAM Foreign Law Column] 37. Apartment Renovations: Can the Landlord Force You Out for Repairs?](/_next/image?url=https%3A%2F%2Fagqdgbuateknhwpocrgu.supabase.co%2Fstorage%2Fv1%2Fobject%2Fpublic%2Fasset-generation%2Fd5640e14-e5b7-41b3-800e-609cb8329013%2Fagent-generated%2F1784523073664_3.jpg&w=3840&q=75)