주한외국인법률정보

[HOAM Foreign Law Column] Who Pays for Repairs? Maintenance Responsibility

Guide to maintenance responsibilities for landlords and tenants.

[HOAM Foreign Law Column] Who Pays for Repairs? Maintenance Responsibility
Table of Contents

Disputes over who should pay for repairs are constant in Korean rentals. While the Civil Act requires landlords to maintain the property in a state suitable for use, many landlords try to shift the burden to foreign tenants who may not know the standards.

1. Major Repairs vs. Minor Consumables

Under Korean Supreme Court rulings, the landlord is responsible for 'major repairs' that hinder the use of the property.

  • Landlord's Responsibility: Structural issues, water leaks, broken boilers, electrical wiring, and major built-in appliances (if provided).
  • Tenant's Responsibility: Consumables like light bulbs, batteries, door lock batteries, and minor repairs caused by the tenant's negligence or intentional acts.

2. The 'Mold and Condensation' Battle

This is the most common dispute between foreign tenants and landlords in Korea.

  • Structural Defect: If mold is caused by a structural defect (poor insulation, leaking pipes inside walls), the landlord MUST pay for the repair and wallpaper replacement.
  • Tenant's Lifestyle: If mold is caused by the tenant's lifestyle (never opening windows, drying wet laundry inside without airflow, blocking vents), the tenant may be held liable for restoration. Tip: Take timestamped photos of the windows, corners, and ceiling on the day you move in.

3. The Duty to Notify: A Legal Requirement

Under Article 634 of the Civil Act, if a repair is needed, the tenant must notify the landlord immediately. If you ignore a small leak and it becomes a major flood, you could be held partially responsible for the increased damages because you failed your 'Duty to Notify.'

4. Repairing First and Claiming Later?

Be extremely careful. If you fix something without the landlord's prior consent, it may be very difficult to get reimbursed. Always get written consent (text messages or email) before hiring a technician. If the landlord refuses urgent, necessary repairs, you may have legal grounds to terminate the lease immediately and claim moving costs.

5. Why Hoam Law Firm?

Proving the cause of mold or a broken facility requires professional legal and technical analysis. Landlords often use mold as an excuse to keep a portion of the deposit. Hoam Law Firm helps foreign tenants document these issues correctly and provides legal pressure to ensure landlords fulfill their maintenance duties without unfairly blaming you.

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