Plans change. You might need to move for work, for money reasons, or for something personal. Sometimes that means finding a short-term place instead. If your lease in Korea is not finished and you have to leave, you cannot simply hand back the keys. You go through a separate process with your landlord.
How to check out halfway
Checking out halfway is not too difficult. You might find it tedious. But with communication and effort, you and your landlord can usually work it out.
A halfway checkout is where the lessee terminates the lease contract before his/her contract term(e.g. 1 or 2 years) expires. Here are steps you can use as a guide on what to do if you’re checking out in the middle of your lease contract.
First, check whether your lease already renewed
Before you negotiate anything, check one thing. Did your original lease term already end?
The Housing Lease Protection Act (Article 6) sets two deadlines. Your landlord had to give notice between six and two months before the end date. You had to give your own notice at least two months before the end date. If neither side gave notice, the lease renewed automatically on the same terms for two years. This is called an implied renewal.
If you are in an implied renewal, the rules below do not apply to you. Article 6-2 lets you end the lease at any time. You notify your landlord, and it takes effect three months after your landlord receives the notice. You do not need to find a replacement tenant, and you do not need to cover the agency fee described below.
The same applies if you renewed by formally requesting renewal (Article 6-3).
There is one exception. The lease does not renew this way if your unpaid rent reached two months’ worth, or if you seriously breached your duties as a tenant.
If your original term is still running, the rest of this guide is for you.
Look for the next tenant
If your fixed term has not ended yet, you will usually need to find another tenant to replace you. If a new tenant moves in, the landlord can continue to collect rent, and will usually agree to terminate your contract and refund your deposit. If you cannot find another tenant, landlords normally expect you to keep paying rent and utilities while the room sits empty.
One important point: the landlord has to approve the replacement and sign a new contract with them. You cannot simply hand the room over to someone yourself. Under Article 629 of the Civil Act, passing your lease to another person without the landlord’s consent gives the landlord grounds to terminate your contract.
Contact a real estate company to help you
With a normal lease contract, the landlord normally pays the agency fee for finding a tenant. When you check out halfway, the tenant is usually the one who covers it. That is what lets the landlord cancel your current contract.
Communication is important
The first step when checking out halfway is to talk to your landlord. Communication is important when you’re handling important things such as moving out. If your fixed term is still running, leaving early breaks the agreement. Negotiate carefully with your landlord and keep a positive attitude. Appropriate compensation can also help you terminate the contract.
Things to remember
Abide by your agreement
If you and your landlord agree on terms, follow through on what you agreed. That is how the landlord approves the early end to your contract. It also keeps the relationship good on your way out.
Give updates to your landlord
It is helpful to give the landlord updates on your process and give him/her information on what’s happening while you’re looking for another tenant.
Keep screenshots of messages for proof
Keep the messages about your negotiation and what you agreed. They are proof that both sides agreed to the same thing. That matters if something goes wrong on your way out.
Legal points follow the Housing Lease Protection Act (Articles 6, 6-2 and 6-3) and the Civil Act (Article 629).
Looking for a Place in Seoul? Ziptoss.
If you are moving and already know your budget and move-in date, tell us through our inquiry form. We can help you look for a place.
Browse Available Properties on Ziptoss →
Filter by deposit, monthly rent and area on the Seoul rental map.