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Your apartment, door code and tenancy agreements

 
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Bananaman



Joined: 08 May 2015

PostPosted: Sun Jun 14, 2015 7:12 pm    Post subject: Your apartment, door code and tenancy agreements Reply with quote

Hi, everyone,

I will be a first time English-teacher when I come to Korea in a few months. I have read stories about 학원 owners who feel they have the right to walk into your apartment; and stories about previous tenants who give the code to ex-girlfriends or deliverymen.

I have a few questions about the tenancy agreements and the procedure to change door codes and hope someone with legal knowledge or experience can answer.

1. Is the typical arrangement for English teachers a tendant-landlord type situtation, or is it more similar to a boarder-home owner situation?

2. At what point in the employment contract do you receive your tenancy agreement? Is it commonplace to have the tenenacy agreement withheld until the employment contract is signed?

3. Who is typically the landlord? The 학원 owner? A third-party without interest? An associate of the 학원 owner?

4. Does Korean law deem the landlord's access to an apartment without due reason (an emergeny, 24 hours notice for repairs etc.) as tresspass?

4.1 In Western countries, a landlord's tresspass can justify the change of the door code without giving the new code to the landlord. Is this the case for Korea?

5. Can door codes be easily changed, or does it require a locksmith?

Many thanks,
Bananaman
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drcrazy



Joined: 19 Feb 2003
Location: Pusan. Yes, that's right. Pusan NOT Busan. I ain't never been to no place called Busan

PostPosted: Sun Jun 14, 2015 7:39 pm    Post subject: Re: Your apartment, door code and tenancy agreements Reply with quote

Bananaman wrote:
Hi, everyone,

I will be a first time English-teacher when I come to Korea in a few months. I have read stories about 학원 owners who feel they have the right to walk into your apartment; and stories about previous tenants who give the code to ex-girlfriends or deliverymen.

I have a few questions about the tenancy agreements and the procedure to change door codes and hope someone with legal knowledge or experience can answer.

1. Is the typical arrangement for English teachers a tendant-landlord type situtation, or is it more similar to a boarder-home owner situation?

2. At what point in the employment contract do you receive your tenancy agreement? Is it commonplace to have the tenenacy agreement withheld until the employment contract is signed?

3. Who is typically the landlord? The 학원 owner? A third-party without interest? An associate of the 학원 owner?

4. Does Korean law deem the landlord's access to an apartment without due reason (an emergeny, 24 hours notice for repairs etc.) as tresspass?

4.1 In Western countries, a landlord's tresspass can justify the change of the door code without giving the new code to the landlord. Is this the case for Korea?

5. Can door codes be easily changed, or does it require a locksmith?

Many thanks,
Bananaman


So, I take it you would refuse to live in a place where the door uses a real key? Shocked
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Jun 14, 2015 7:43 pm    Post subject: Re: Your apartment, door code and tenancy agreements Reply with quote

Bananaman wrote:
Hi, everyone,

I will be a first time English-teacher when I come to Korea in a few months. I have read stories about 학원 owners who feel they have the right to walk into your apartment; and stories about previous tenants who give the code to ex-girlfriends or deliverymen.

I have a few questions about the tenancy agreements and the procedure to change door codes and hope someone with legal knowledge or experience can answer.

1. Is the typical arrangement for English teachers a tendant-landlord type situtation, or is it more similar to a boarder-home owner situation?

2. At what point in the employment contract do you receive your tenancy agreement? Is it commonplace to have the tenenacy agreement withheld until the employment contract is signed?

3. Who is typically the landlord? The 학원 owner? A third-party without interest? An associate of the 학원 owner?

4. Does Korean law deem the landlord's access to an apartment without due reason (an emergeny, 24 hours notice for repairs etc.) as tresspass?

4.1 In Western countries, a landlord's tresspass can justify the change of the door code without giving the new code to the landlord. Is this the case for Korea?

5. Can door codes be easily changed, or does it require a locksmith?

Many thanks,
Bananaman


1) More like house-guest.
2) You never will.
3) The building owner is the landlord, the hagwon is the tenant and you can be ruled as being between a resident in a "dorm annexed to the business or simply a house-guest in a domicile rented by the hagwon.
4) No.
5) Yes and you don't need a locksmith.

You are referred to the labor standards act, articles 98, 99 and 100.

6) unlike a dorm for factory workers, you are NOT required to reside in the abode provided by the employer.

7) If you don't like the fact that it is not like home with landlord/tenant protections then you are free to come up with 10 million won in key money, find your own place and accept the housing allowance.

.
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Andyc24_uk



Joined: 21 May 2007

PostPosted: Sun Jun 14, 2015 8:00 pm    Post subject: Reply with quote

Quote:
1. Is the typical arrangement for English teachers a tendant-landlord type situation, or is it more similar to a boarder-home owner situation?


If the apartment is provided by your school the contract will be between the landlord and the school. The school then has you live there. It's essentially closer to a sublet than anything else.

Quote:
2. At what point in the employment contract do you receive your tenancy agreement? Is it commonplace to have the tenenacy agreement withheld until the employment contract is signed?

I've never heard of any teacher receiving any kind of tenancy agreement. There's no direct deal between you and the landlord; your contract with the schol will likely include a few clauses about them providing you with a room, possibly the contents of the room, and you agreeing to keep it in a decent state.

Quote:
3. Who is typically the landlord? The 학원 owner? A third-party without interest? An associate of the 학원 owner?


Usually a 3rd party. It's quite common for reasonably wealthy Koreans to own a block of 1-room apartments which they rent out either to individual tenants or to hagwons for use of foreign teachers. It's quite possible/likely that the owner may be a relative, old schoolfriend, or business associate of the hagwon owner.

Quote:
4. Does Korean law deem the landlord's access to an apartment without due reason (an emergeny, 24 hours notice for repairs etc.) as tresspass?


No idea, but this question is pretty much irrelevant - Unless something is stolen, the police in Korea are going to do precisely Zero about any complaint over a Landlord entering a property without warning. It may well be against the law, but in this culture you have no chance of that law being enforced.

Quote:
4.1 In Western countries, a landlord's tresspass can justify the change of the door code without giving the new code to the landlord. Is this the case for Korea?


Probably one of those occasions where 'Better to beg forgiveness than ask permission' comes into play. If you can change the code and you're concerned about it, just do it. If it ever becomes an issue, which is fairly unlikely, then play the 'Sorry, i'm a dumb foreigner, I didn't realise I shouldn't have done that' card.

Quote:
5. Can door codes be easily changed, or does it require a locksmith?


Depends entirely on the type of door keypad. Most electronic ones can be changed pretty easily (you can usually look online for a manual if you can't figure it out). Mechanical/push-button keypads (which are becoming rarer but might still be found in older buildings) may be harder to reprogram. A few older places still have a physical lock and key, which obviously would require a locksmith to change.

Overall, You would be much better politely making sure that the Landlord knows you are unhappy with him/her coming in unannounced. How easy that is to do, depends on their personality and understanding of western values and on your mutual ability to communicate with one another. However, most landlords tend to leave well alone and just collect their rent money without interfering. You do hear horror stories, but they are in the minority.
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Bongotruck



Joined: 19 Mar 2015

PostPosted: Mon Jun 15, 2015 11:32 pm    Post subject: Reply with quote

OP,

I would say bosses entering your place unauthorized is the exception rather than the norm but it has happened.

A good principal to live by in Korea is 'better to ask for forgiveness than permission.' If the door has a key, you can get it changed at your own expense if that will help you sleep at night. If it is a keypad, find a way to change it and don't tell anyone. If your boss then shows up and asks why it was changed, you can turn around and ask why the hell he/she tried to go into your apartment without consulting you first.
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Jun 16, 2015 1:38 am    Post subject: Reply with quote

Bongotruck wrote:
I would say bosses entering your place unauthorized is the exception rather than the norm but it has happened.


I agree with this. When all's well (such as not near the end of the contract), the building maintenance people may have a legitimate reason to enter the residence; however, they should inform you immediately of what the emergency is (such as burst pipes).

Quote:
A good principal to live by in Korea is 'better to ask for forgiveness than permission.' If the door has a key, you can get it changed at your own expense if that will help you sleep at night.


Getting a key copied is ridiculously cheap in Korea and it takes just a few minutes.

Quote:
If it is a keypad, find a way to change it and don't tell anyone.


This is quite easy to do. Some of the locks have the reset dial visible, and others have the reset dial underneath a cover. In both cases, the dial is on the inside of the door, of course. Put the dial on "enter" or "change", enter a new code, then put the dial on "lock" or "save".

If you're really concerned and your place does not have a keypad lock, just go buy one yourself and have it installed.

Quote:
If your boss then shows up and asks why it was changed, you can turn around and ask why the hell he/she tried to go into your apartment without consulting you first.


Good one!
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Wed Jun 17, 2015 2:32 am    Post subject: Reply with quote

If the door has a key lock, you won't need a locksmith to change it. You'll need a screwdriver or two (depends on what type screws are used - maybe you can get away with using a kitchen knife). You just go to any place that sells hardware or... doors. You can get a cheap one that most thieves can pick in under a minute, or spring for a more expensive lock. What you'll actually change is the bolt (the part that received the key). Door locks are made so that the bolt can be changed. BUT you'll need to take the old bolt with you to make sure that the new one is the same size. So, you'll probably need someone to sit in your apartment while you're out.

The electronic keypad locks can be changed very easily. BUT.... some of them also have a master code or some way to be opened with a "key" or other device. Some of them use an electronic key (with a radio chip in it) so you won't be able to change those easily.

If you change the lock and the landlord needs to enter for some legit reason (e.g. the pipes have burst or some other emergency) and the lock has changed, then they landlord will use force to enter (or at the very least drill out the lock) or hire a locksmith to open the door. Then you'll be charged for whatever costs are involved. It won't matter if you claim ignorance. I wouldn't worry about it but it's something to be aware of. If you have a electronic keypad lock, the landlord will probably call you to ask for the code so you should be ok in that situation.
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Alias77



Joined: 28 Aug 2006

PostPosted: Fri Jun 19, 2015 6:49 am    Post subject: Reply with quote

You know what I thought about getting for my apartment in my first year - after I found evidence that someone had been inside my apartment....


Go buy one of those battery powered motion sensors with 120 dB alarms on it. Set it right in front of the door, inside the apartment. If it ever goes off, they'll probably never touch your door again. Twisted Evil
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