Korean Job Discussion Forums

[oatmeal]

I won't re-write my entire situation (I had posted it couple weeks back in this forum), but I just wanted to know what is legal/illegal when it comes to landlord + tenant bylaws when it comes to evicting someone.

Here's a brief summary of the situation. Apparently, this is according to what my landlord told me (we have a good relationship and communicate often with each other): He told me that a couple had come to him about a room that was available. First they had haggled the owner to lower the monthly rent (by 50,000 won a month) AND the key money (by 3.5 million) by saying they were "poor" and didn't have enough money. The landlord to my amazement agreed and they signed the contract. But the landlord told me the couple never told him they had 2 kids also. He thought it was just the two of them and I guess nobody had asked or brought up if they had kids. It was just 2 ppl who showed up, saw the place, haggled down the price, and signed the contract. Then on move in date, he said they came with 2 kids and he didn't know about that. He also made it sound like if he knew they were going to bring 2 kids, he wouldn't have signed the contract with them.

My question is this, doesn't the landlord have the right to terminate the contract? They basically lied to him not telling him this room was actually for 4 and not just for 2. Doesn't that mean the landlord has the right (if he so chooses) to terminate the contract and evict the new tenants? It's his place after all so doesn't he have the power to do so? When he told me this, it sounded like in his voice he was powerless and felt that there was nothing he can do now since they moved in and the contract has already been signed.

I'm pretty sure he could evict them on this grounds couldn't he? And even if the couple (who said they were poor) wanted to take this battle to some legal recourse, they wouldn't be able to afford it.

I'm thinking the landlord might be a little inexperienced with his power as a landlord, OR maybe he's just a super nice and easy going door mat, and doesn't want to force anyone out, even if they lied about the number of people moving in.

If anyone could shed some light on this matter, it would be helpful. This is a serious issue because I may pursue action to side with the landlord and get this couple moved out. Of course, I'm also willing to move out once my contract is up but as I'm in mid year right now at my work, finding a new place that will accept me for just 8 months is highly unlikely as most places want you to guarantee/sign a rental contract for minimum 1 year or 2 in some places.

[denverdeath]

Upfront, I understand where you are as I've been in noisy places before.

However, I think that your landlord is likely happy that he has his place rented out, along with the key money for investment.

From what I know, even back home, a lessor can't dictate how many people can occupy a residence, unless it is agreed upon prior to occupancy and it must be stated in the contract. Don't think your dude covered those bases. And, also don't think your place is a hotel/motel where puppies and more than 2 kids aren't allowed.

Having said all that, I have no real clue about the "true" Korean contract ins and outs. I've been here 16 years, but only had to deal with crap(minimal) for about 5 of those years.

Sorry, but you may want to look for another place soon. You never know, your neighbours probably have another family of friends with three(or more) kids ready to move into your place at a slightly higher monthly rate, which seems to be the way things are done by most landlords these days here...best of luck/skill.

[optik404]

If they have a contract then no, he can't just evict them. He could make up a reason to evict them but he'd have to pay the realtor fee back or whatever the contract stipulates.

[oatmeal]

Well here's some more details. The original price of that room was 400,000 won a month with 5 mil key. They got it for 300,000 and 1.5 mil key.
That is the biggest of the 3 rooms he owns. I'm in the 2nd biggest and I pay 300,000 a month with 5 mil key down.

That's a huge cut he took, and since he only owns 3 rooms and 2 are already occupied (myself and a quiet neighbor beside me), I'm sure he could have someone in that place in no time. He said that earlier, a woman (just one person) was going to take that room but her money was stuck in her previous place and she couldn't get it out so it fell through. That's when this family swooped in just at the right time and got it for a great price.

He also complained to me that they were noisy and he often hears the loud footsteps/running and he expressed his displeasure with that, BUT it's possible he could be playing me just to make me feel better that I'm not the only one but I think he and his wife genuinely weren't happy about the fact they brought in 2 kids....like I said, i communicate with the owner and his wife often and they are very nice people, and honest. I don't think they are just acting to make me feel better that they too are disturbed. I just found it sort of unusual that if they are disturbed too, and took such a huge cut back on the rent and key, why do they seem like they don't want to ask them to move out?

This is why I'm asking about the legal side. I don't know what a realtor fee is. But they self advertised this room for rent in their store business downstairs. No realtor office or real estate agent was used. It's simply a tenant to owner deal/contract.

I have also read that in other countries, one of the grounds for eviction is if the tenant is disturbing other tenants. It's a common and fair reason. The landlord can give the disturbing tenant a warning and if it continues, owner can file for an eviction (in other countries, not sure how it works in korea though). I figure that in korea, especially where we are out in the rural areas, where lots of "poor" workers, farmers, migrant workers, etc deal with landlords, the contracts are probably shady anyways and get worked around and changed all the time. We're not dealing here with professionals, or in a company...I'm thinking there is a better chance to have them leave on grounds of "disturbing other tenants" without any sort of legal backlash here.

But I'd be willing to ask them nicely first if they can move out (they've only been here 1 month now) and I will help them find another place in town, and pay for half of the moving cost (which is only 100-200 bucks). I think that's pretty fair that I'd be willing to pay some money to help them considering they are the ones that brought the problem in the first place.

I've already moved 4 times in the last 3 years due to this issue. I found this place to be pretty good for 1.5 years right up until this couple with 2 kids moved in a month ago. This is why I'm not as willing now to just move again as I've already paid my dues and now I'm going to see how far I can push this and make a stand lol.

I've spoken with them in person a few times already, we exchanged numbers, and we are on a friendly relationship right now....I've already helped them bring in 2 giant 2m x 2m floor mats of which I paid for one. It has helped reduce the noise, but I think they may have moved the floor mats or put them away because when the mats are down, it's quiet, but when they are not, i can hear the thumping again.

I told them tomorrow I'll be giving them the rest of my floor mats (about another $20 worth of connecting floor mats). This will be my last offer to them in hopes it works well enough. They just have to be willing to keep the mats down and not clean up and stack it away to the side or something. If this last offer of mats I send them doesn't work, then I'll ask them first nicely if they can consider moving out with my help (financial too). If not, then try to get the landlord to ask them to find another place. And IF that also doesn't work, then we enter into the "dangerous" zone which I don't want to get into.

[denverdeath]

If they're doing things "legally", it should all be registered, regardless of tenants and amounts. If not, your reimbursement of key money actually may be an issue at the end of contract. I'd check that if I were you. Anyway, maybe they(your landlord and lady)'re TOO nice? Or. maybe as optic stated, there's a contract, and they're locked into it for a year? Yes, there are instances where tenants CAN be evicted, but it ends up being a bit rare here. What usually happens, from experience, the "good" tenant leaves, and the landlord doesn't renew the "bad" tenant. Then, he hopes that he can have BOTH places filled with "reasonable" people, whatever that means. All in all, though, it comes down to money. I don't think the units in your place are all that "desirable"(if I'm really wrong, I apologize). Hence, that girl bailing out as she had no money means nothing. The other money(from your noisy neighbours), whether it was what the landlord wanted, is still money. Money he may've not gotten otherwise.

[optik404]

I've rented rooms with a realtor and without. When I rented without, we signed a boilerplate contract that wasn't written up by the landlord. Anyways, that contract said that if the landlord evicted me, he would have to pay 1.5x the monthly rent as a penalty to me. I assume if you have a contract, it's probably the same. So you should read it over. I can't even imagine how small and crappy a 300,000 room is. With four people living in one must be insane.

[littlelisa]

I know someone who owned a building (she has since sold the building) who had trouble evicting someone who wasn't even paying rent!!! It ended up being a long, costly battle. I don't understand how, but there you go. So I imagine it would be harder in this case, especially if he didn't set it in the contract that the place was only for two. I think the eviction is not going to happen, sorry.