Since July 2023, a court can register your lease on the property before the landlord has even received the court’s decision. That registration is the core of the lease registration order (임차권등기명령). The Housing Lease Protection Act gives this tool to a tenant whose lease has ended without the deposit coming back.
The order lets you move out without losing the protection you built up. This guide covers how the order works and how to apply for it. It also covers the mediation committees that settle deposit disputes, and the part of a small deposit the law pays out first. It also shows where a foreign resident’s papers differ from the Korean forms.
What the law already gives you when the lease ends
Two rules protect you on the day the lease ends. Article 4 (2) of the Housing Lease Protection Act (주택임대차보호법) says the lease is treated as continuing until you get the deposit back. Article 9 of the standard contract says the landlord returns the deposit at the same time you hand back the home.
The catch is what keeps your protection alive. Protection against third parties rests on living in the home and keeping your registration there (Article 3 (1)). For a foreign resident, that registration is the change-of-residence report (체류지 변경신고), under Article 88-2 (2) of the Immigration Act. Moving out, or reporting a new address, can end that protection unless the lease is registered first.
| Route | What it does | Rule |
|---|---|---|
| Lease registration order | Registers the lease so you keep your rights after moving out | Article 3-3 |
| Dispute mediation | A committee proposes a settlement. If both accept with an enforcement clause, it can be enforced like a judgment | Articles 14 to 27 |
| Court action | A suit for the deposit, with small-claims procedure rules applied | Article 13 |
The routes are not either-or. A registration order protects your position while mediation or a lawsuit deals with the money.
How a lease registration order works
Rules verified September 2026 · Housing Lease Protection Act, Article 3-3 · Supreme Court rule on lease registration orders
Article 3-3 (1) sets the condition: the lease has ended and the deposit has not been returned. You apply to the district court, branch court, or city or county court for the area where the home is. The Supreme Court rule on the procedure sets the stamp duty at 2,000 KRW (Article 2 (3)).
The first line is the reason to wait. Until the registration is complete, keep living there and keep your registration at that address.
How to apply for the order, step by step
The Supreme Court rule lists what goes into the application and what goes with it. The steps below follow that list.
Step 1 — Get a register certificate for the home
The rule asks for the register certificate (등기사항증명서) of a home registered in the landlord’s name. Anyone can get one from a registry office or the Internet Registry Office.
Step 2 — Gather the lease contract and the fixed-date stamp
Attach the lease contract. If you already hold repayment priority, the contract must carry the fixed date, or be a notarized deed.
Step 3 — Prove your move-in and registration dates
The application must state the date you started living there and the date your registration was complete, with documents that show them. The Korean form speaks of resident registration. Article 88-2 (1) of the Immigration Act fills that gap. Your ARC or a certificate of foreign registration (외국인등록 사실증명) stands in where a resident registration certificate is required.
Step 4 — Complete the application
It names you, the landlord and the home, with a floor plan if you rented only part of it. It also states the unpaid deposit and rent, and the reason. The reason covers the contract, its terms, why it ended, and your move-in, registration and fixed-date dates. You or your agent signs it.
Step 5 — File at the court for the home’s area, with the 2,000 KRW stamp
The court decides by written decision and serves it on both sides. If it refuses, you can appeal (Article 3-3 (4)).
Step 6 — Move only after the registration is complete
The court asks the registry office to enter the lease, and the registry reports back to the court when the entry is done. The register certificate will then show the lease registration.
How dispute mediation works
Fees verified September 2026 · Housing Lease Protection Act, Articles 21 to 27 · Decree Schedule 2 via MyHome portal
Housing Lease Dispute Conciliation Committees (주택임대차분쟁조정위원회) sit at branches of three public bodies. They are the Korea Legal Aid Corporation, the Korea Land and Housing Corporation and the Korea Real Estate Board. Provinces and metropolitan cities may set up their own. You apply to the committee for the area where the home is (Article 21 (1)).
| Point | Rule |
|---|---|
| What it covers | Rent and deposit increases or cuts, the lease term, return of the deposit or the home, repairs, and more listed in Enforcement Decree Article 22 |
| How to apply | In writing, including electronic documents, or orally to the committee staff (Decree Article 30) |
| Time limit | 60 days from the application. The committee may extend it by up to 30 days (Article 23) |
| If the landlord will not take part | The application is dismissed if the respondent says it will not join (Article 21 (3) 5) |
| Accepting the proposal | Each side has 14 days to accept in writing. Silence counts as refusal (Article 26 (2)) |
| Enforcement | If both agree to allow compulsory enforcement, the settlement can be enforced like a judgment (Articles 26 (4) and 27) |
| Amount at stake | Fee |
|---|---|
| Under 100 million KRW | 10,000 KRW |
| 100 million to under 300 million KRW | 20,000 KRW |
| 300 million to under 500 million KRW | 30,000 KRW |
| 500 million to under 1 billion KRW | 50,000 KRW |
| 1 billion KRW or more | 100,000 KRW |
| Amount cannot be worked out | 10,000 KRW |
The committee may waive the fee for a tenant who qualifies for the small-deposit priority below (Decree Article 33 (2) 1). If you withdraw before the committee meets, half the fee comes back.
How much of a small deposit is paid first
Amounts verified September 2026 · Housing Lease Protection Act, Article 8 · Enforcement Decree, Articles 10 and 11
Article 8 lets a tenant with a small deposit take part of it ahead of mortgage holders when the home is auctioned. Two conditions apply. The deposit must be at or under the limit for the area, and you must have moved in and registered before the auction was registered.
| Area | Deposit must be at or under | Amount paid first, up to |
|---|---|---|
| Seoul | 165,000,000 KRW | 55,000,000 KRW |
| Overcrowding control zones of the capital region outside Seoul, Sejong, Yongin, Hwaseong, Gimpo | 145,000,000 KRW | 48,000,000 KRW |
| Metropolitan cities (outside those zones and their counties), Ansan, Gwangju in Gyeonggi-do, Paju, Icheon, Pyeongtaek | 85,000,000 KRW | 28,000,000 KRW |
| Everywhere else | 75,000,000 KRW | 25,000,000 KRW |
The amount paid first cannot exceed half the value of the home. If several small-deposit tenants share one house, the half is split among them in proportion (Decree Article 10 (2) and (3)).
One area changed status in 2026. Gwangju Metropolitan City became part of Jeonnam-Gwangju Integrated Special City on 1 July 2026. Article 11 (10) of the Special Act covers laws that treat metropolitan cities and provinces differently. Until each such law is amended, the former Gwangju districts follow the metropolitan-city rules. The former South Jeolla cities and counties follow the province rules.
What to say at the counter
Court and committee counters run in Korean. Show the Korean line on your phone, or read the romanized line aloud.
Frequently asked questions
Official sources
Every rule here comes from the pages below. Laws and fees change, so open the page before you act on it.