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Adam Carolla
Joined: 26 Feb 2010
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 Posted: Tue Feb 21, 2012 9:08 pm Post subject: |
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| 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. |
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Adam Carolla
Joined: 26 Feb 2010
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| Posted: Tue Feb 21, 2012 9:14 pm Post subject: |
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| 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. |
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12ax7
Joined: 07 Nov 2009
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| Posted: Tue Feb 21, 2012 9:54 pm Post subject: |
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| 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.
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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 |
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jrwhite82
Joined: 22 May 2010
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| Posted: Tue Feb 21, 2012 9:59 pm Post subject: |
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| 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. |
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Adam Carolla
Joined: 26 Feb 2010
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| Posted: Tue Feb 21, 2012 10:05 pm Post subject: |
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| 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:
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| 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. |
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jrwhite82
Joined: 22 May 2010
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| Posted: Tue Feb 21, 2012 10:43 pm Post subject: |
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| 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:
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| 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. |
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r122925
Joined: 02 Jun 2011
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| Posted: Tue Feb 21, 2012 11:21 pm Post subject: |
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| 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.
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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
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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. |
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12ax7
Joined: 07 Nov 2009
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| Posted: Wed Feb 22, 2012 12:03 am Post subject: |
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| 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.
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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 m | | |
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