What to Do If Your Landlord Won’t Return Your Deposit

When your lease ends and it’s time to move out, you expect your deposit to come back without trouble. But what if it doesn’t? Unfortunately, this is more common than many renters expect, especially among first-time tenants and international residents unfamiliar with Korean rental laws.

In this guide, we’ll walk you through what to do if your landlord refuses to return your deposit, what rights you have, and how to protect yourself before it’s too late.

🧾 Step 1: Confirm Your Lease Has Officially Ended

In Korea, deposits (보증금) are only returned after the lease has officially expired or been terminated according to the contract. Even if you move out, your landlord has no obligation to return the deposit early unless you both agree to it.

If you want to terminate your lease before the end date, you must send written notice at least 1 month in advance, and this must fall within the legal window: between 6 months and 1 month before the end of the lease. Otherwise, the lease might auto-renew, and you’ll be legally tied to it for another term.

🧷 Step 2: If They Still Don’t Pay - You Have Legal Options

Even after a lease ends properly, some landlords delay or withhold deposits, citing repair costs, new tenant delays, or vague excuses. If this happens, it’s time to use your legal rights.

Here are your strongest tools:

✅ 1. Confirmed Move-out with 확정일자 (Certified Move-in Date)

If you did 전입신고 (resident registration) and got a 확정일자 (official certification of your lease date) at your local 주민센터, your deposit is legally protected in case of a property sale or landlord bankruptcy. You can still get your deposit back, even if the house is sold.

✅ 2. 임차권등기명령 (Tenant’s Lien Registration)

If you’re moving out without receiving your deposit, file for this court order. It allows you to move into a new place while keeping legal rights to your deposit. It also prevents the landlord from selling or refinancing the property without addressing your claim.

✅ 3. 지급명령 (Payment Order)

This is a fast-track legal process where the court officially demands payment from the landlord. It’s cheaper and faster than a full lawsuit and creates strong legal pressure. Most landlords pay up before this escalates to a lawsuit.

⚠️ If the Landlord Still Refuses

If none of the above works, your last resort is to file a civil lawsuit for deposit return. It takes longer and may require legal representation, but most judges side with tenants when documentation is clear.

In extreme cases, if you win the case and the landlord still doesn’t pay, you can apply for compulsory execution (강제집행) - which can include bank account seizure or property auction.

🔒 How to Protect Yourself in the Future

• Register your address at the local office within a few days of moving in.

• Always ask for a contract in both Korean and English.

• Take photos of the apartment’s condition before and after.

• Get legal support to review your lease before signing.