South Korea Landlord Maintenance Obligations: Repair Duties, Cost Allocation, and Tenant Remedies

Enacted and effective since 5 March 1981, the Housing Lease Protection Act (HLPA), alongside Article 623 of the Civil Act, establishes the statutory framework for landlord maintenance obligations in South Korea. Under these laws, landlords bear a mandatory duty to maintain rental properties in a condition suitable for the tenant's use and enjoyment. This guide clarifies the scope of this obligation, cost allocation, and available legal remedies.

Legal Basis

Civil Act Article 623

"The lessor shall deliver the object of the lease to the lessee and maintain it in a condition suitable for its use and enjoyment during the period of the lease."

This is considered a near-mandatory provision. Comprehensive waiver clauses in the lease are limited in their enforceability.

Landlord Responsibilities (Major Repairs)

Tenant Responsibilities (Minor Repairs)

How Courts Determine Responsibility

Korean courts evaluate repair obligations based on:

1. Scale of damage — large-scale vs. minor
2. Cost — whether significant expense is required or the issue is fixable at minimal cost
3. Impact on habitability — whether normal residential use is impossible
4. Cause — aging/deterioration vs. tenant negligence

5. Normal wear and tear — natural degradation from ordinary use

Tenant Remedies When Repairs Are Not Made

Special Clause Limitations

Enforceable Clauses

• "Consumable replacement and minor repairs are the tenant's responsibility" — generally enforceable
• "Specific appliance repair scope agreement" (e.g., landlord-owned air conditioner) — enforceable when specific

Unenforceable Clauses

• "All repairs are the tenant's burden" — comprehensive repair waivers covering major structural repairs are consistently rejected by courts
• "Leaks and aging-related defects are the tenant's responsibility" — structural defect waivers are unenforceable

The Supreme Court has consistently held that the landlord's obligation to repair major structural components and essential building systems cannot be fully waived, even by explicit contract terms.

Restoration Obligations at Move-Out

Tenant's Duty

Upon vacating, the tenant must restore the property to its original condition.

What Must vs. Must Not Be Restored

Best Practices for Landlords

1. Document property condition at move-in — photograph and video all rooms, noting any pre-existing issues
2. Respond promptly to repair requests — delays can lead to rent reduction claims and potential liability
3. Keep repair records — document contractor details, costs, and dates for each repair
4. Conduct regular inspections — schedule annual checks of key systems (boiler, plumbing, waterproofing)
5. Set reasonable special clauses — clearly and specifically define the repair scope for each party

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