Your lease has ended and the deposit has not come back. What protects you, what actually gets you paid, and what to do if you have to leave Korea first.
Quick answer: If your lease has ended and the landlord has not returned your deposit, Korean law lets you apply to the court for a lease registration order. Once the registration is completed, your protection as a tenant is recorded on the property and stays in place even if you move out. The registration protects your position, but it does not by itself get your money back, so you may still need a payment order or lawsuit.
Key points
- A foreign tenant’s protection depends on living in the home and having the address on the alien registration or change of residence report (Housing Lease Protection Act, Article 3(1); Immigration Act, Article 88-2(2)).
- A lease registration order (Article 3-3) keeps your protection on record even after you move out, but only once the registration is completed.
- Registration protects your position. It is not a payment, and it does not stop the limitation period on the deposit claim.
- A payment order or lawsuit gives you the right to be paid. If the landlord still does not pay, enforcement against the landlord’s assets is the next step.
What This Means in Korea
First, the basic protection. Under Article 3(1) of the Housing Lease Protection Act, a lease takes effect against third parties from the day after the tenant has taken possession of the home and completed resident registration. For a foreign tenant, Article 88-2(2) of the Immigration Act provides that alien registration and the report of a change of residence take the place of resident registration and the move-in report. The Supreme Court has relied on these two provisions together to recognise a foreign tenant’s protection (Supreme Court 2014Da218030, 218047). So your alien registration address matters.
Alien registration counts as resident registrationSupreme Court, 13 October 2016, 2014Da218030, 218047Supreme Court
Where a foreign national, or a foreign national of Korean descent, has completed alien registration or a change of residence report (or a domestic residence report), it has the same legal effect as the resident registration that the Housing Lease Protection Act requires for a tenant’s protection. That the foreign registers are less visible to the public does not change this.
The registration that counts is not only the tenant’s own: the registration of the tenant’s spouse or children also qualifies. The Supreme Court later applied the same approach to Korean nationals living abroad who file a domestic residence report (Supreme Court, 11 April 2019, 2015Da254507).
What it means for youCheck that your alien registration address, or that of your spouse or child, is the leased home, and keep it there until the deposit issue is resolved.
Article 3-3 of the Housing Lease Protection Act provides that when a lease has ended and the deposit has not been returned, the tenant may apply for a lease registration order to the district court, branch court, or municipal court that has jurisdiction over the property.
Lease registration orderHousing Lease Protection Act, Article 3-3Protection that survives moving out
When a lease has ended and the deposit has not been returned, the tenant may apply for a lease registration order to the court with jurisdiction over the property.
In plain EnglishOnce the registration is completed, your right to assert the lease and your priority for repayment stay on record, even if you move out. The tenant can claim the costs of the application and registration from the landlord.
When the registration is completed, the tenant obtains the right to assert the lease against third parties and a priority right to repayment. If the tenant already had those rights before the registration, they are kept, and after the registration they are not lost even if the tenant no longer meets the usual requirements, for example by moving out. The tenant can also claim the costs of the application and registration from the landlord.
What You Should Do First
- Confirm in writing that the lease has ended (by expiry or by notice) and ask the landlord for a return date.
- If you need to move out before you are paid, talk to a lawyer about the order of steps first. The protection that survives moving out is the one secured by a completed registration.
- Keep your key handover, utility closing, and move out dates documented.
Only a completed registration keeps your protection after you move out or change your registered address. Check that the registration has been completed before you leave the home.
Evidence and Documents to Keep
- The lease contract and any renewal or notice messages
- Proof of the deposit payment (bank transfer record)
- Your Alien Registration Card and any change of residence report showing this address, with the date it was filed
- Messages where the landlord promises or refuses to pay
- Photos of the property condition when you leave
Your Options, Step by Step
- Confirm the lease has endedIn writing, by expiry or by notice, and ask the landlord for a return date.
- Apply for a lease registration orderAt the court for the area where the property is. Wait until the registration is completed.
- Move outDocument the key handover, utility closing and move out date.
- Payment order or lawsuitThis is what gives you a right to be paid. Registration does not stop the limitation period.
- Enforcement, if still unpaidAgainst the landlord’s bank accounts or the property itself.
Lease registration order. Filed with the court for the area where the property is. It protects your position; it is not a payment.
Payment order or lawsuit for the deposit. This is what actually gets you a right to be paid. The Supreme Court has held that a lease registration does not interrupt the limitation period for the deposit claim (Supreme Court 2017Da226629), so do not treat the registration as a reason to wait indefinitely.
Lease registration does not stop the limitation clockSupreme Court, 16 May 2019, 2017Da226629Supreme Court
A lease registration under Article 3-3 mainly serves to give or keep the tenant’s opposability and priority right. It is not a seizure, provisional attachment or injunction, so it does not have the effect of interrupting the limitation period under Article 168(2) of the Civil Act. Lower courts have applied the same rule since.
What it means for youRegistering the lease protects your place in the queue, but it does not keep your claim alive forever. Before the limitation period on the deposit claim runs out, interrupt it with a lawsuit, a payment order or a provisional attachment. A lower court has also noted that the period does not run while the tenant keeps possession of the home in order to get the deposit back (Gwangju District Court, 17 October 2025, 2024Gadan9346).
Recovering registration costs. The Act lets the tenant claim those costs from the landlord. The Supreme Court has said this can be done by a separate claim in court or by setting it off against money owed.
| Step | What it does | What it does not do |
|---|---|---|
| Lease registration order | Keeps your protection and priority on record after you move out | Does not make the landlord pay |
| Payment order or lawsuit | Gives you a court-recognised right to the deposit | Does not by itself put money in your account |
| Enforcement | Lets you collect from the landlord’s assets | Cannot recover more than the landlord has, after anyone with priority |
When This Becomes a Legal Problem
Contact a lawyer if the landlord stops responding, if the property is being sold or auctioned, if there is a mortgage or other tenants ahead of you, or if you must leave Korea before the deposit is returned.
Leaving Korea before your deposit is returned
Many foreign tenants have a fixed departure date, and the landlord may know it. Before you leave, keep your lease, the transfer records for the deposit, your messages with the landlord and your move out date together, and keep a bank account that can receive the refund.
A Korean lawyer can continue the matter after you leave, so in most cases you do not need to come back to Korea for each step. Before you move out, check whether you should register your leasehold first. See Can I move out before I get my deposit back? below.
Winning the case is not the same as getting paid
A court judgment or a confirmed payment order tells the landlord to pay. If the landlord still does not pay, the next step is enforcement against the landlord’s assets, such as bank accounts or the property itself.
How much you actually recover depends on what the landlord owns and whether others, such as a mortgage lender, are paid first. That is why it helps to look at the property register and the landlord’s position at the start, not only after a judgment. We explain the fee for each step before you decide whether to go ahead.
Frequently Asked Questions
Can I move out before I get my deposit back?
You can, but your legal protection may depend on whether the lease registration was completed first. Get advice on timing before you hand over the keys.
Does the registration mean the landlord has to pay me now?
No. It secures your position. Payment requires the landlord to pay voluntarily or a court process.
Who pays for the registration?
The Act allows the tenant to claim those costs from the landlord.
Related reading
Related guides
This article is general information about Korean housing law and is not legal advice. Outcomes depend on the facts of each case, and statutory provisions are subject to amendment.
Rental deposit
Talk to a lawyer about your rental deposit
In a first consultation we look at:
- whether your protection is in place, and when it is safe to move out
- whether a lease registration order, payment order or lawsuit fits your situation
- what can still be done if you are leaving Korea soon
A consultation is not a commitment. If you need representation, we explain what it would involve and what it would cost before you decide.
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