Foreign tenants moving out at the end of a lease often face excessive charges for wallpaper and flooring replacement or facility repairs deducted from their deposit. The bottom line: normal wear and depreciation from ordinary use is not part of a tenant's restoration obligation, and if a landlord over-deducted the deposit on this basis, the tenant can claim back the difference. Many foreign tenants sign leases without fully understanding the special provisions written in Korean, so it's worth checking at the time of signing whether the contract contains any specific restoration-related clause.
What is the actual scope of a restoration obligation?
A tenant must return the property in the condition it was in when the lease began, but this obligation is limited to damage caused by the tenant's own intent or negligence. Wallpaper discoloration, floor wear, or aging caulking that naturally occurs over a long period of residence counts as ordinary wear, which the landlord — not the tenant — should bear. Korea's Supreme Court has likewise taken the position that wear from a leased property's ordinary use should be treated as already factored into the rent itself.
Who should pay for wallpaper and flooring replacement?
Case law generally holds that ordinary wear on wallpaper and flooring is the landlord's responsibility, and a tenant is only liable for repair costs tied to damage they directly caused, such as holes from nails, stains, or breakage. If a landlord tries to shift the full cost of replacement onto the tenant, it's important to clearly distinguish between damage and ordinary wear and to state that liability is limited to the tenant's actual fault. When obtaining repair estimates, comparing a quote for repairing only the damaged sections against a quote for full replacement can also strengthen your position in negotiations.
How can you get back a deposit that was over-deducted?
Comparing move-in photos with move-out photos is the most reliable way to objectively prove whether damage exists. If a landlord deducted repair costs without basis, a tenant can send a certified letter demanding supporting documentation for the deduction, and if the landlord doesn't comply, pursue an unjust enrichment claim to recover the excess amount. Because these amounts are often small, a small claims procedure can resolve the matter relatively quickly, and having move-in photos automatically time-stamped strengthens their evidentiary value in any later dispute.
Objectively documenting the property's condition at move-in and move-out is the most reliable safeguard against restoration disputes. Jinheon Law Firm supports foreign tenants in determining restoration scope and claiming back over-deducted deposits.
#RestorationObligationKorea #WallpaperFlooringCost #OrdinaryWearAndTear #DepositOverDeduction #UnjustEnrichmentClaim #SmallClaimsProcedure #LeaseDisputeKorea #ForeignTenantKorea #HoamForeignLegalColumn #HoamLawFirm
Foreign tenants moving out at the end of a lease often face excessive charges for wallpaper and flooring replacement or facility repairs deducted from their deposit. The bottom line: normal wear and depreciation from ordinary use is not part of a tenant's restoration obligation, and if a landlord over-deducted the deposit on this basis, the tenant can claim back the difference. Many foreign tenants sign leases without fully understanding the special provisions written in Korean, so it's worth checking at the time of signing whether the contract contains any specific restoration-related clause.
What is the actual scope of a restoration obligation?
A tenant must return the property in the condition it was in when the lease began, but this obligation is limited to damage caused by the tenant's own intent or negligence. Wallpaper discoloration, floor wear, or aging caulking that naturally occurs over a long period of residence counts as ordinary wear, which the landlord — not the tenant — should bear. Korea's Supreme Court has likewise taken the position that wear from a leased property's ordinary use should be treated as already factored into the rent itself.
Who should pay for wallpaper and flooring replacement?
Case law generally holds that ordinary wear on wallpaper and flooring is the landlord's responsibility, and a tenant is only liable for repair costs tied to damage they directly caused, such as holes from nails, stains, or breakage. If a landlord tries to shift the full cost of replacement onto the tenant, it's important to clearly distinguish between damage and ordinary wear and to state that liability is limited to the tenant's actual fault. When obtaining repair estimates, comparing a quote for repairing only the damaged sections against a quote for full replacement can also strengthen your position in negotiations.
How can you get back a deposit that was over-deducted?
Comparing move-in photos with move-out photos is the most reliable way to objectively prove whether damage exists. If a landlord deducted repair costs without basis, a tenant can send a certified letter demanding supporting documentation for the deduction, and if the landlord doesn't comply, pursue an unjust enrichment claim to recover the excess amount. Because these amounts are often small, a small claims procedure can resolve the matter relatively quickly, and having move-in photos automatically time-stamped strengthens their evidentiary value in any later dispute.
Objectively documenting the property's condition at move-in and move-out is the most reliable safeguard against restoration disputes. Jinheon Law Firm supports foreign tenants in determining restoration scope and claiming back over-deducted deposits.
#RestorationObligationKorea #WallpaperFlooringCost #OrdinaryWearAndTear #DepositOverDeduction #UnjustEnrichmentClaim #SmallClaimsProcedure #LeaseDisputeKorea #ForeignTenantKorea #HoamForeignLegalColumn #HoamLawFirm