When the boiler breaks or a pipe leaks in a Korean rental, who pays? Civil Act Article 623 requires the landlord to hand over the property and keep it in the condition needed for use during the lease. So a tenant who spends necessary costs to preserve it can claim them straight away (Art. 626(1)), while improvement costs are repaid, as the amount spent or the increase in value, only if the increase remains when the lease ends (para. 2). Claims must be made within 6 months of the landlord getting the property back (Arts. 654, 617).
1. The landlord must keep the home fit for use (Art. 623).
2. Necessary costs: claim when spent; improvements: only if the added value remains at the end (Art. 626).
3. Deadline: 6 months from the landlord getting the property back (Art. 654 applying Art. 617).
The articles — Civil Act Arts. 623, 626
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Art. 623 | The landlord must deliver the property and keep it in the condition needed for use during the lease | Commonly cited as the repair duty (ours) |
| Art. 626(1) | A tenant who spends necessary costs for preservation may claim repayment | No need to wait for the end (our reading) |
| Art. 626(2) | For improvement costs, the landlord repays the amount spent or the increase only if the increase remains at the end; a court may grant time to pay | The landlord appears to choose which (our reading) |
The deadline — Arts. 654, 617
Article 654 applies Articles 615–617 on loans for use to leases. Under Article 617, claims for damage from misuse and the borrower’s (tenant’s) cost repayment claims must be made within 6 months of the lender (landlord) getting the property back. Half a year after moving out, the door may close (ours).
Following the dates — our example
Replace a boiler part yourself on 10 December 2026 and, as a necessary cost, you can claim it then. If the landlord stalls and you move out on 31 August 2027, the 6-month deadline runs to 29 February 2028 (a leap year) under Civil Act counting (our sum). An upgraded sink, as an improvement, is judged on whether its added value remains when the lease ends on 31 August 2027, then claimed within the same 6 months. The dates are our example.
Sorting examples — our summary
| Spending (our example) | Reads as | When repaid (ours) |
|---|---|---|
| Replacing a broken boiler part | Preservation — necessary cost | Claim when spent |
| Fixing a burst water pipe | Preservation — necessary cost | Claim when spent |
| Upgrading a working sink to a premium one | Improvement | Only if the added value remains at the end |
| Wallpaper and lights to your taste | Arguably improvement, maybe to be removed | See the restoration post |
The articles give no detailed test for necessary versus improvement costs, so this sorting is our example; lease terms and case law can change the answer. Restoration on moving out is in restoration obligation; the repair reserve refund in long-term repair reserve refund.
Checklist
- ☐ Tell the landlord first (texts and photos, ours)
- ☐ Keep receipts if you fix it yourself
- ☐ Claim necessary costs straight away
- ☐ Improvements: does the value remain at the end?
- ☐ Claim within 6 months of handing back
Questions that remain
What if the lease says repairs are the tenant’s?
Articles 623 and 626 don’t deal with such clauses; their scope is for case law, so we don’t say.
Small fixes like bulbs and tap washers?
The article sets no size threshold. Check the lease for a clause first (ours).
Sources
- Korean law database (law.go.kr) — Civil Act Arts. 617, 623, 626, 654 — source (current text, effective 17 March 2026, Act No. 21454; checked 20 October 2026). Landlord’s duty to keep fit for use, immediate necessary-cost claims, improvements if value remains, time to pay, the 6-month deadline and application to leases.
- Not read. Case law on the distinction and on clauses; Housing Lease Protection Act provisions.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Housing lease dispute mediation or Korea Legal Aid — repair disputes.
Written on 20 October 2026. The content is from the source; the glosses are ours.
