Legal information

In Korea, renting a home usually means handing over a large deposit (보증금). With jeonse (전세) the deposit can be most of the property's value, and even with monthly rent (월세) it is often several months of income. For a foreign tenant, getting that money back is one of the biggest financial risks of living here. Korean law gives tenants real protection, but only if a few formal steps are taken at the right time.

Two protections every tenant should have

The Housing Lease Protection Act (주택임대차보호법) gives two separate rights. They sound similar, but they do different jobs.

For Korean nationals, the address registration is the move-in report (전입신고). For foreign nationals, alien registration (외국인등록) or a report of change of residence (체류지 변경신고) has the same legal effect. The Supreme Court confirmed this in 2016 (case 2015다14136), based on Article 88-2 of the Immigration Act. In practice, this means you should report your new address promptly after moving in, and get the fixed date on your contract the same day if you can.

Before you sign: checks that prevent most problems

Most deposit losses can be traced back to something that was visible before the contract was signed.

Before signing a lease
· Read the property register (등기부등본) on the day you sign. Check who the owner is and whether there are mortgages (근저당) ahead of you
· Compare the total of existing mortgages and deposits with the property's realistic value
· Make sure the person signing is the registered owner, or has a written power of attorney
· Ask whether the landlord has unpaid national or local taxes, which can be paid ahead of your deposit
· Check whether deposit return guarantee insurance (전세보증금반환보증) is available for the property
· Pay the deposit into the registered owner's own bank account

When the lease ends and the deposit is not returned

The most common mistake is moving out too early. If you move out and your registration moves with you, you can lose both protections above. The landlord's promise to pay later does not keep them alive.

The leasehold registration order (임차권등기명령)

If the lease has ended and the deposit has not been returned, you can apply to the court for a leasehold registration order (Housing Lease Protection Act, Article 3-3). Once the lease is registered on the property, you keep your opposing power and priority even after you move out and change your address.

The key point is timing: move out only after the registration actually appears on the property register, not just after you apply.

Getting the money

If the landlord still does not pay, the usual steps are a formal demand letter (내용증명), then a court claim for the deposit (보증금반환청구소송) or a payment order (지급명령). With a judgment, you can apply for a compulsory auction (강제경매) of the property, where your priority determines where you stand in the payout order.

Renewal rules that also protect you

The landlord must tell you between six months and two months before the lease ends if they do not want to renew or want to change the terms. If they say nothing, the lease is renewed automatically on the same terms (묵시적 갱신), and you can then end it at any time with three months' notice.

You also have a right to request one renewal (계약갱신요구권), which extends the lease by two years. When renewing this way, the rent or deposit increase is capped at 5%. The landlord can refuse only for reasons set out in the law, such as the landlord or their close family moving in.

If you need to leave Korea

Leaving Korea does not end your right to the deposit, but it makes collecting it harder. If you expect a dispute, register the lease through a leasehold registration order before you leave, and arrange for a lawyer or trusted person to act for you. A court case can continue while you are abroad.

Speak with a lawyer about your situation

Call 1533-7377 or request a consultation at daehanlaw.com/en/reservation.

After you apply, a consultation manager calls you back and explains the consultation fee. Consultations can be held in English, Chinese, Japanese, Russian, Vietnamese or Uzbek, or with an interpreter.

Laws referred to

Housing Lease Protection Act (주택임대차보호법) Articles 3, 3-2, 3-3, 6, 6-2, 6-3 and 7; Immigration Act (출입국관리법) Article 88-2; Supreme Court decision of 13 October 2016, 2015다14136

Frequently asked questions

Do I need a Korean guarantor or a Korean bank account to be protected?

No. The protections depend on moving in, registering your address and getting a fixed date on the contract. You can pay from any account. What matters is that the money goes into the registered owner's own account, so that the payment can be proved.

The landlord says a new tenant must be found before I get my deposit. Is that the law?

No. Finding a new tenant is how many landlords raise the money, but it is not a legal condition for returning the deposit. When the lease ends, the landlord's obligation to return the deposit and your obligation to hand back the home are due at the same time.

Can I get the fixed date (확정일자) as a foreigner?

Yes. Foreign tenants can get a fixed date on their lease contract in the same way, at a community service center or through the online registry. Bring your alien registration card and the original contract.

Daehanjoongang Law Firm | Haeundae Office

Managing Attorney Han Byung-chul

7F Raon J Building, 554 Haeundae-ro, Haeundae-gu, Busan 48093

Phone: 1533-7377 | Email: hanbyungchul@naver.com

This article is general information about Korean law, not legal advice. The outcome of any matter depends on its own facts. Consultations are paid.

This article was drafted with the help of AI tools. Last updated 2026-09-23.