Tenants Have No Legal Obligation to Open Homes
Claims to Guarantee Institutions for Delayed Jeonse Deposit Returns
Visiting Without Tenant Consent Constitutes Trespassing
Mr. Lee (46), who owns an apartment in Gangbuk-gu, Seoul, is struggling as the lease expiration approaches. The tenant refuses to show the house to prospective new tenants. Although several visitors came to see the apartment with a licensed real estate agent, they had to leave without viewing the interior. Mr. Lee expressed his frustration, saying, "If I want to receive the deposit on the contract expiration date, shouldn't the tenant cooperate? How can I find the next tenant if they don't show the house?"
Recently, there has been an increase in tenants refusing to show their homes to new tenants, citing privacy concerns. Since tenants are not legally obligated to show the house, landlords approaching the end of their lease contracts are voicing complaints.
Some landlords are even forced to take out loans to return deposits because they cannot find new tenants due to the current tenant's refusal to show the property. Mr. Choi (50), a landlord renting out a one-room apartment in Chuncheon, Gangwon Province, was unable to find a new tenant before the lease expired and had to use an overdraft to cover part of the deposit. Initially, Mr. Choi planned to return the deposit to the existing tenant using the deposit received from the new tenant, but the tenant's refusal to show the house disrupted his financial plans.
Although more landlords are facing difficulties due to tenants' refusals, there is no legal way to force tenants to allow house viewings. Neither the Civil Act nor the Housing Lease Protection Act stipulates that tenants have an obligation to show the house to prospective tenants. On the contrary, if a landlord enters the property without the tenant's permission during the lease, they can be charged with trespassing.
As a result, landlords are effectively dependent on the tenant's cooperation. However, tenants who have subscribed to jeonse deposit insurance feel no pressure since they can claim the deposit from the guarantor institution if the deposit return is delayed. Mr. Choi said, "Tenants can simply claim the deposit from the guarantor or apply for a leasehold registration order. It's a matter that only requires a little consideration, but it seems they don't consider the landlord's situation at all."
On the other hand, tenants complain about privacy violations caused by visitors coming to see the house. Ms. Lee (28), who has been living alone in Seongbuk-gu, Seoul, for eight years, refuses to answer calls from real estate agents. The agents requested the door password to show the house while she was out. Ms. Lee said, "Since I live alone as a woman, I worry about my safety if I give out the password. The landlord only thinks about renting out the house quickly and shows no consideration for the tenant."
Experts explain that the issue of showing the house depends on the landlord's cooperation. Kim Ye-rim, a representative lawyer at Law Firm Simmok, stated, "When a lease contract is signed, the tenant gains the right to possess and use the property. Entering the house without the tenant's consent during this period is considered a violation of the tenant's peaceful residence and can constitute trespassing." She added, "Although a special clause requiring the tenant to show the house can be included in the lease contract, it is not enforceable, so landlords must seek the tenant's cooperation."
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