Deposit settlements in Korea often stall over how far you must “restore” a rental. Civil Act Article 615 says a borrower returning a thing must restore it to its original state and may remove what they attached to it; Article 654 applies this to leases. So restoration is the tenant’s duty, but the same article gives the right to take your fittings. Damage claims over it must be made within 6 months of the landlord getting the property back (Art. 617). Here are the articles and a pre-move checklist.
1. Restore on return (Art. 615, applied to leases by Art. 654).
2. A right to remove what you attached, too.
3. Damage and cost claims within 6 months of return (Art. 617).
The articles — Civil Act Arts. 615, 617, 654
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Art. 615 | On returning a borrowed thing, the borrower restores it to its original state and may remove what was attached | Duty and right in one article |
| Art. 617 | Claims for damage from misuse and for the borrower’s costs must be made within 6 months of return | A deadline both ways |
| Art. 654 | Art. 610(1) and Arts. 615–617 apply to leases | Directly applicable |
How far is “original state”? — our reading
The article only says “restore to the original state”; it doesn’t say whether that means move-in condition or includes reversing ordinary wear. In a dispute, lease terms and a record of the move-in state are decisive (ours). Whether tenants must fix ordinary wear and tear is for case law, which we didn’t check.
The 6 months cuts both ways — our summary
Article 617’s 6 months covers both the landlord’s damage claims (loss from using the home against the lease) and the tenant’s cost claims. It runs from “the day the lender gets the thing back”, so keys handed over on 31 October 2026 give a deadline of 30 April 2027 under Civil Act counting (our sum). Recording the handover date in a text or letter sets the clock for both sides. Counting is in legal period calculator.
Before you move — our checklist
| When | What to do | Basis or reason (ours) |
|---|---|---|
| Moving in | Photos and video of each room; share a list of existing defects | Records the starting point |
| While living there | List and receipts for what you install (shelves, lights, air-con) | Art. 615 removal right; Art. 626 improvements |
| A month before leaving | Agree with the landlord what stays and goes; ask for the repair reserve confirmation | Leave it: improvement talk; remove it: restoration |
| Moving day | Photos from the same angles; note the key handover date | Starts the Art. 617 clock |
| Within 6 months | If not settled, claim in writing | Art. 617 deadline |
Getting repair costs back is in repair duty and tenant costs; the reserve in long-term repair reserve refund; renewal in using the renewal right.
Checklist
- ☐ Keep move-in photos and the defect list
- ☐ List and receipts for fittings
- ☐ Agree in writing what stays or goes
- ☐ Moving-day photos and key handover date
- ☐ Claim within 6 months
Questions that remain
Can restoration costs come out of the deposit?
Deductions are outside these articles and a matter of case law. Get the amount and basis in writing (ours).
Do I fill nail holes?
The article sets no threshold; the lease and the move-in state decide (ours).
Sources
- Korean law database (law.go.kr) — Civil Act Arts. 615–617, 654 — source (current text, effective 17 March 2026, Act No. 21454; checked 20 October 2026). Restoration duty and removal right, the 6-month deadline for damage and costs, application to leases.
- Not read. Case law on ordinary wear and deposit deductions; Art. 646 purchase of fittings.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Housing lease dispute mediation committee — restoration disputes.
Written on 20 October 2026. The content is from the source; the glosses are ours.
