|
Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
Adam Carolla
Joined: 26 Feb 2010
|
 Posted: Tue Feb 21, 2012 9:08 pm Post subject: |
 |
|
| PatrickGHBusan wrote: |
| jondepoer wrote: |
No luck finding a new tenant yet. There are three Real Estate Agents who have brought people through the apartment in the past week - but nothing confirmed yet.
Fingers crossed...but needless to say, there'll be more on this thread if I have no 10m by March 3rd.
PS: dgove: I've learned not to feed the trolls  There's good information to be had here, if you can get past the attitude. |
Good news for you OP.
Hope it all works out. |
Sure you do. |
|
| Back to top |
|
 |
Adam Carolla
Joined: 26 Feb 2010
|
| Posted: Tue Feb 21, 2012 9:14 pm Post subject: |
|
|
| jrwhite82 wrote: |
| jondepoer wrote: |
No luck finding a new tenant yet. There are three Real Estate Agents who have brought people through the apartment in the past week - but nothing confirmed yet.
Fingers crossed...but needless to say, there'll be more on this thread if I have no 10m by March 3rd.
PS: dgove: I've learned not to feed the trolls There's good information to be had here, if you can get past the attitude. |
In my experience, (and it probably goes without saying) make sure that apartment is spotless when people come over to look at it. Clear out any clutter and minimize furniture if you can to enhance the illusion of space. Spray some airfreshener or light some scented candles. Take down any personal photos you have. You want the new people to feel like this can be their place, not one that belongs to someone else.
Furthermore, it seems like you are leaving Korea in 8 months? What kind of new place are you staying in that is allowing an 8 month contract? Don't get wrapped up in the same nonsense twice and make sure that your new landlord is aware it is a short term lease. And make sure you fully understand that new contract. |
Quite the turnaround from the first page.
| jrwhite82 wrote: |
| To me, it sounds like the OP can't even read his own contract. He has no idea what he agreed to. Maybe the landlord is wrong, maybe he is. Who knows? Maybe he didn't know that the contract will automatically renew unless he notifies the landlord otherwise. And he didn't. |
|
|
| Back to top |
|
|
12ax7
Joined: 07 Nov 2009
|
| Posted: Tue Feb 21, 2012 9:54 pm Post subject: |
|
|
| jondepoer wrote: |
So, I had the contract looked at by a 3rd party, and there is nothing about (a) automatic renewal or (b) necessity of written notice.
|
I missed this comment. Either way, you and the landlord have the option of renewing, changing, or terminating the lease at anytime. Proper notice needs to be given, fees paid, etc. That's probably why there's was a misunderstanding (most of it on your part).
Last edited by 12ax7 on Tue Feb 21, 2012 11:58 pm; edited 1 time in total |
|
| Back to top |
|
|
jrwhite82
Joined: 22 May 2010
|
| Posted: Tue Feb 21, 2012 9:59 pm Post subject: |
|
|
| He even admitted he couldn't read his own contract that he signed. He had to get someone to translate it. So I was right that the OP couldn't even read his own contract. Thank you for bringing this to our attention. |
|
| Back to top |
|
|
Adam Carolla
Joined: 26 Feb 2010
|
| Posted: Tue Feb 21, 2012 10:05 pm Post subject: |
|
|
| jrwhite82 wrote: |
| He even admitted he couldn't read his own contract that he signed. He had to get someone to translate it. So I was right that the OP couldn't even read his own contract. Thank you for bringing this to our attention. |
Except your essential point was this:
| Quote: |
| He has no idea what he agreed to. |
Except, he did have quite a good idea what he agreed to. A one year contract. Thanks for playing. |
|
| Back to top |
|
|
jrwhite82
Joined: 22 May 2010
|
| Posted: Tue Feb 21, 2012 10:43 pm Post subject: |
|
|
| Adam Carolla wrote: |
| jrwhite82 wrote: |
| He even admitted he couldn't read his own contract that he signed. He had to get someone to translate it. So I was right that the OP couldn't even read his own contract. Thank you for bringing this to our attention. |
Except your essential point was this:
| Quote: |
| He has no idea what he agreed to. |
Except, he did have quite a good idea what he agreed to. A one year contract. Thanks for playing. |
So it's a good idea to sue people and start pursuing legal action before you even read your own contract? Great world you are promoting. Keep it up!
And he still had no idea if there were renewal terms or not. So yes, he didn't know his contract. |
|
| Back to top |
|
|
r122925
Joined: 02 Jun 2011
|
| Posted: Tue Feb 21, 2012 11:21 pm Post subject: |
|
|
| jondepoer wrote: |
So, I had the contract looked at by a 3rd party, and there is nothing about (a) automatic renewal or (b) necessity of written notice.
|
The problem is that it doesn't make any difference what the contract says or does not say about this issue. All rental contracts in Korea automatically renew. It is the law.
See here:
http://www.law.go.kr/lsSc.do?menuId=0&p1=&subMenu=1&nwYn=1&query=%EB%B6%80%EB%8F%99%EC%82%B0+%EC%9E%90%EB%8F%99+%EC%97%B0%EC%9E%A5&x=0&y=0#liBgcolor0
| Quote: |
제6조(계약의 갱신) ① 임대인이 임대차기간이 끝나기 6개월 전부터 1개월 전까지의 기간에 임차인에게 갱신거절(更新拒絶)의 통지를 하지 아니하거나 계약조건을 변경하지 아니하면 갱신하지 아니한다는 뜻의 통지를 하지 아니한 경우에는 그 기간이 끝난 때에 전 임대차와 동일한 조건으로 다시 임대차한 것으로 본다. 임차인이 임대차기간이 끝나기 1개월 전까지 통지하지 아니한 경우에도 또한 같다.
② 제1항의 경우 임대차의 존속기간은 2년으로 본다. <개정 2009.5.8>
③ 2기(期)의 차임액(借賃額)에 달하도록 연체하거나 그 밖에 임차인으로서의 의무를 현저히 위반한 임차인에 대하여는 제1항을 적용하지 아니한다.
[전문개정 2008.3.21] |
Both parties must give notice between 6 months and 1 month before the end of the contract if they wish to terminate. If neither party gives notice then the contract automatically renews.
I'm curious as to who you had look at your contract. I hope it wasn't a real estate agent because they should know this stuff. It's their job to know these laws.
On your point (b), The law does not say that notice must be given in writing. But having given notice in writing would make it easier to prove your case. Previously you said you gave 2 months notice. Which according to the law should be fine. But if your landlord is dishonest, she could simply say that you never said anything to her. And at that point it would be a foreigner's word against a Korean's word in a Korean court. And I know which side I would bet on in a case like that. |
|
| Back to top |
|
|
12ax7
Joined: 07 Nov 2009
|
| Posted: Wed Feb 22, 2012 12:03 am Post subject: |
|
|
| r122925 wrote: |
| jondepoer wrote: |
So, I had the contract looked at by a 3rd party, and there is nothing about (a) automatic renewal or (b) necessity of written notice.
|
The problem is that it doesn't make any difference what the contract says or does not say about this issue. All rental contracts in Korea automatically renew. It is the law.
See here:
http://www.law.go.kr/lsSc.do?menuId=0&p1=&subMenu=1&nwYn=1&query=%EB%B6%80%EB%8F%99%EC%82%B0+%EC%9E%90%EB%8F%99+%EC%97%B0%EC%9E%A5&x=0&y=0#liBgcolor0
| Quote: |
제6조(계약의 갱신) ① 임대인이 임대차기간이 끝나기 6개월 전부터 1개월 전까지의 기간에 임차인에게 갱신거절(更新拒絶)의 통지를 하지 아니하거나 계약조건을 변경하지 아니하면 갱신하지 아니한다는 뜻의 통지를 하지 아니한 경우에는 그 기간이 끝난 때에 전 임대차와 동일한 조건으로 다시 임대차한 것으로 본다. 임차인이 임대차기간이 끝나기 1개월 전까지 통지하지 아니한 경우에도 또한 같다.
② 제1항의 경우 임대차의 존속기간은 2년으로 본다. <개정 2009.5.8>
③ 2기(期)의 차임액(借賃額)에 달하도록 연체하거나 그 밖에 임차인으로서의 의무를 현저히 위반한 임차인에 대하여는 제1항을 적용하지 아니한다.
[전문개정 2008.3.21] |
Both parties must give notice between 6 months and 1 month before the end of the contract if they wish to terminate. If neither party gives notice then the contract automatically renews.
I'm curious as to who you had look at your contract. I hope it wasn't a real estate agent because they should know this stuff. It's their job to know these laws.
On your point (b), The law does not say that notice must be given in writing. But having given notice in writing would make it easier to prove your case. Previously you said you gave 2 months notice. Which according to the law should be fine. But if your landlord is dishonest, she could simply say that you never said anything to her. And at that point it would be a foreigner's word against a Korean's word in a Korean court. And I know which side I would bet on in a case like that. |
Yes, and in the event that the landlord wants to terminate the lease early, he or she must cover the costs of moving. In the event that the tenant wants to terminate the lease early, he or she is responsible to pay the fees involved in finding a new tenant. Since he gave notice that he won't be renewing the lease, then the landlord is responsible to pay the fees of the real estate agent who finds a new tenant.
Maybe there was miscommunication, and so the landlord thought that he wanted to renew the lease. |
|
| Back to top |
|
|
PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
|
| Posted: Wed Feb 22, 2012 5:18 am Post subject: |
|
|
Hey Adam...buddy...read the post by r122925 on this very page. See what happens when facts are provided?
As for your little shot at me, it was lame. I DO wish it works out for the OP, you may not think so but who gives a rodent's hairy butt if you believe me or not because this is not about you or me. That seems to confuse you.
Now back to the facts, most housing contracts have an automatic renewal & termination clause that defines the financial responsibilities for each option and a date by which notice must be given. If the OP was not aware of this (for whatever reason) and if he let the date of notice go by then the contract automatically renews for the agreed period of time (one year for example) and moving out would sadly incur penalties for the OP. By the way, the same would be true of the landlord if he tried to cancel the agreement after the automatic renewal notice date was passed. Those types of clauses exists in most housing agreements I have seen in Korea or elsewhere and they are there to simply the process and protect each side.
All this being said, if the OP blew by the aut-renew deadline, things can still he reasonably negociated if everyone remains calm and if the landlord is not one of those scumbag slumlord types that pollute the planet in most countries.
Negociations can include helping the landlord find a replacement tenant for example and inexchange he can perhaps void part of all of the penalty.
Once again, if the OP did not give proper notice before the auto-renewal deadline, going ballistic on the landlord will not work! It can in fact aggravate the situation. |
|
| Back to top |
|
|
Adam Carolla
Joined: 26 Feb 2010
|
| Posted: Wed Feb 22, 2012 5:56 am Post subject: |
|
|
| PatrickGHBusan wrote: |
Hey Adam...buddy...read the post by r122925 on this very page. See what happens when facts are provided?
|
Did you read the post under it?
| Quote: |
Yes, and in the event that the landlord wants to terminate the lease early, he or she must cover the costs of moving. In the event that the tenant wants to terminate the lease early, he or she is responsible to pay the fees involved in finding a new tenant. Since he gave notice that he won't be renewing the lease, then the landlord is responsible to pay the fees of the real estate agent who finds a new tenant.
Maybe there was miscommunication, and so the landlord thought that he wanted to renew the lease. |
|
|
| Back to top |
|
|
Koharski
Mod Team
Joined: 20 Jul 2009
|
| Posted: Wed Feb 22, 2012 5:57 am Post subject: |
|
|
I do not want to lock this thread as there is some good information here. Therefore, the little war some of you have over whether someone read something or whatever needs to end. I do not care who wins or how it is settled, but it ends on this thread.
Koharski |
|
| Back to top |
|
|
jrwhite82
Joined: 22 May 2010
|
| Posted: Wed Feb 22, 2012 6:45 am Post subject: |
|
|
Jondepoer -
Since you mentioned earlier that you don't speak Korean and that you didn't notify your landlord in writing, how did you go about notifying her two months before you were planning to move out?
This will be crucial to proving your case if you have to go to court over this. Otherwise, as someone else mentioned earlier, it will be your word vs. her's and your odds are slim to none. |
|
| Back to top |
|
|
PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
|
| Posted: Wed Feb 22, 2012 7:58 am Post subject: |
|
|
| Adam Carolla wrote: |
| PatrickGHBusan wrote: |
Hey Adam...buddy...read the post by r122925 on this very page. See what happens when facts are provided?
|
Did you read the post under it?
| Quote: |
Yes, and in the event that the landlord wants to terminate the lease early, he or she must cover the costs of moving. In the event that the tenant wants to terminate the lease early, he or she is responsible to pay the fees involved in finding a new tenant. Since he gave notice that he won't be renewing the lease, then the landlord is responsible to pay the fees of the real estate agent who finds a new tenant.
Maybe there was miscommunication, and so the landlord thought that he wanted to renew the lease. |
|
Yup I did.
Glad you did too as all should be well now Adam. 
This could all boil down to simple miss-communication between the OP and the landlord and hopefully will work out well for all involved. Thats what I hope anyway.
As for the larger context, this thread provides some great information on the rules that govern housing contracts in Korea, namely on the renewal clauses and should hopefully help any foreigner who wants to enter into a housing agreement. On that front, great work. |
|
| Back to top |
|
|
12ax7
Joined: 07 Nov 2009
|
| Posted: Thu Feb 23, 2012 7:32 am Post subject: |
|
|
| PatrickGHBusan wrote: |
| Adam Carolla wrote: |
| PatrickGHBusan wrote: |
Hey Adam...buddy...read the post by r122925 on this very page. See what happens when facts are provided?
|
Did you read the post under it?
| Quote: |
Yes, and in the event that the landlord wants to terminate the lease early, he or she must cover the costs of moving. In the event that the tenant wants to terminate the lease early, he or she is responsible to pay the fees involved in finding a new tenant. Since he gave notice that he won't be renewing the lease, then the landlord is responsible to pay the fees of the real estate agent who finds a new tenant.
Maybe there was miscommunication, and so the landlord thought that he wanted to renew the lease. |
|
Yup I did.
Glad you did too as all should be well now Adam.
This could all boil down to simple miss-communication between the OP and the landlord and hopefully will work out well for all involved. Thats what I hope anyway.
As for the larger context, this thread provides some great information on the rules that govern housing contracts in Korea, namely on the renewal clauses and should hopefully help any foreigner who wants to enter into a housing agreement. On that front, great work. |
Yes, and if anyone has additional questions on a related topic, send me a PM instead of stressing. I'll try to answer your questions to the best of my abilities.
I've owned businesses here, bought, rented, leased, and sold residential and commercial units.
PS. I need to specify that the landlord paying the cost of moving and the tenant covering the cost of finding a new tenant are the typical settlements reached upon when one of either parties wants to break the lease/contract. Either can always refuse, to which it's very unlikely that the lease will be terminated. |
|
| Back to top |
|
|
Zyzyfer
Joined: 29 Jan 2003
Location: who, what, where, when, why, how?
|
| Posted: Thu Feb 23, 2012 9:42 pm Post subject: |
|
|
Okay, I'll stick a related hypothetical up. I'm not experiencing this, but it's something that confuses me.
Let's say my lease expires January 1. I give notice that I want to terminate the lease in advance, and I find another apartment that is available starting January 4.
What I'm curious about is 1) whether it's okay to stay those few extra days in the old place; and 2) what happens if the landlord lines up a new tenant before January 4. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
