South Korea Commercial Maintenance Obligations: Landlord and Tenant Responsibilities for Commercial Properties

Commercial property maintenance in South Korea follows the same Civil Act Article 623 principles as residential properties but involves additional considerations for commercial interiors, common areas, fire safety, and HVAC systems.

Cost Allocation

Landlord Responsibilities (Building Structure and Systems)

Tenant Responsibilities (Interior and Business Equipment)

Common Area Management

Fire Safety Obligations

Commercial buildings must comply with fire safety legislation:

| 1–2 times per year | | Fire safety manager appointment | Building owner | Mandatory | | Fire extinguisher placement | Per floor / per unit | Ongoing |

HVAC Considerations

Remedies When Repairs Are Not Made

Special Clause Limits

• "All repairs are tenant's responsibility" — courts typically reject comprehensive waivers covering structural items
• "Landlord bears no liability for building aging" — structural defect waivers are generally unenforceable

Best Practices for Landlords

1. Define repair scope specifically in the lease — "building structure = landlord, interior = tenant"
2. Maintain a regular inspection schedule — especially for fire safety (legally required)
3. Respond promptly to repair requests — business income losses increase landlord liability
4. Itemize management fees transparently — show how common area costs are calculated
5. Appoint a fire safety manager — non-compliance results in administrative fines

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