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Landlord not returning Key Money
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suadente



Joined: 27 Sep 2004

PostPosted: Thu Jul 27, 2006 11:09 pm    Post subject: Landlord not returning Key Money Reply with quote

Sorry if this is covered in another thread. I looked and looked, but couldn't find anything.

I am living in a 'wolsae' apartment now, and my lease is finished in one month. I told my landlord that I will not be staying yesterday. She said that she will not give me my key money until after she finds a new renter for my apartment (For those of you who are into Konglish, it's actually a 'villa'). I paid 10,000,000 won key money. My contract states that I will get my money when I finish the contract, which is August 27, 2006.

But, she said that it doesn't matter.

This means that I cannot leave my apartment until she finds a new person. If I contract an apartment now, and she doesn't give me my key money, then I'll lose the initial deposit and have to give up my new contract. What if this takes weeks or a month?

Is this legal? If she doesn't give me my money, what can I do? Do you know of anyone else that this has happened to? What did he/she/they do?

I talked to someone who said that I could file a lien against the building, but that doesn't solve the problem of me finishing one contract, and not being able to start another.
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RACETRAITOR



Joined: 24 Oct 2005
Location: Seoul, South Korea

PostPosted: Thu Jul 27, 2006 11:28 pm    Post subject: Reply with quote

I've seen this happen way too many times. However, she did say she'd return the money at some point, right?

It's probably in your best interest to fight for your money as much as you can, regardless.
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Zyzyfer



Joined: 29 Jan 2003
Location: who, what, where, when, why, how?

PostPosted: Thu Jul 27, 2006 11:45 pm    Post subject: Reply with quote

Yeah apparently people like to pump the key money they get into other crap. Maybe it's a loan they took out for another place or whatever, but they essentially used your money to pay for something else. That's why they say they have to wait for a new tenant. They intend to give you that person's key money and wash rinse repeat with whoever moves in next.

Even my girlfriend is pulling this crap (not on me). Rolling Eyes
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SuperHero



Joined: 10 Dec 2003
Location: Superhero Hideout

PostPosted: Thu Jul 27, 2006 11:51 pm    Post subject: Reply with quote

technically it's illegal, but like many other laws it isn't enforced. Good luck.
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rocklee



Joined: 04 Oct 2005
Location: Seoul

PostPosted: Fri Jul 28, 2006 12:26 am    Post subject: Reply with quote

I have a similar situation, except I was asked to take over someone's place because they were leaving early. Boss wants me to move into this apartment for a couple of months just to help out, but I don't know if there is anything more to this.

Should I move in???

I've already found a place I really want and its available now, but I don't think that will be available in a couple of months if I wait.

I'm afraid that I may have to stay in the school's apartment once I move in because of this key money thing that the company paid for the previous teacher.
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Col.Brandon



Joined: 09 Aug 2004
Location: Seoul

PostPosted: Fri Jul 28, 2006 12:28 am    Post subject: Reply with quote

Doesn't the local city government office (Gu) have a system for policing this? It might pay to go and find out. Doesn't all key money have to be registered wuth the Gu office?
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suadente



Joined: 27 Sep 2004

PostPosted: Fri Jul 28, 2006 9:19 am    Post subject: Reply with quote

Apparently, I can place a lien on the property if they don't return my key money deposit, however, that doesn't really help me. Placing a lien doesn't get me money in time to move into a new apartment.
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jacl



Joined: 31 Oct 2005

PostPosted: Fri Jul 28, 2006 10:44 am    Post subject: Reply with quote

I guess that each time your landlord gets people to rent, it's kind of like winning the lottery.

It's not your responsiblility. It's not your problem.

Contract's up = Give me my fuking money
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Fri Jul 28, 2006 6:55 pm    Post subject: Reply with quote

Did you sign with them directly or did an agent help you?
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Roch



Joined: 24 Apr 2003
Location: Seoul

PostPosted: Fri Jul 28, 2006 7:28 pm    Post subject: Re: Landlord not returning Key Money Reply with quote

suadente wrote:
Sorry if this is covered in another thread. I looked and looked, but couldn't find anything.

I am living in a 'wolsae' apartment now, and my lease is finished in one month. I told my landlord that I will not be staying yesterday. She said that she will not give me my key money until after she finds a new renter for my apartment (For those of you who are into Konglish, it's actually a 'villa'). I paid 10,000,000 won key money. My contract states that I will get my money when I finish the contract, which is August 27, 2006.

But, she said that it doesn't matter.

This means that I cannot leave my apartment until she finds a new person. If I contract an apartment now, and she doesn't give me my key money, then I'll lose the initial deposit and have to give up my new contract. What if this takes weeks or a month?

Is this legal? If she doesn't give me my money, what can I do? Do you know of anyone else that this has happened to? What did he/she/they do?

I talked to someone who said that I could file a lien against the building, but that doesn't solve the problem of me finishing one contract, and not being able to start another.


If you live in Seoul, then go to the Human Rights Commission and make a Formal Complaint about this shite. Another tactic is get someone who can speak Han Guk Mal to knock on their door pretending to be a lawyer or journalist. This ploy worked for my Canucklehead buddy from Halifax back in 2003.

Complain to Seoul City Hall and see if they'll do anything for you if and only if it seems useless to try these means of getting your dough returned to you by the scheduled date, etc.
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Julius



Joined: 27 Jul 2006

PostPosted: Fri Jul 28, 2006 7:38 pm    Post subject: Reply with quote

Never hand money over on trust to a Korean. or any other nationality either. Its as good as giving it away.
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suadente



Joined: 27 Sep 2004

PostPosted: Sat Jul 29, 2006 6:09 pm    Post subject: Reply with quote

Captain Corea wrote:
Did you sign with them directly or did an agent help you?


I signed the contract with them at the real estate office. However, there's a line on the contract stating that the agent has no legal responsibility once the contract is signed.

There don't seem to be real estate laws here like there were back home. I worked in residential real estate for a few years, and if I made a mistake, I was liable for up to the full value of the property. Here, they smile, give an embarrased chuckle, and say that you're s..t out of luck.

Anyways, I talked with them yesterday, and they said that they would pay the full amount on the last day, but weren't willing to put it in writing. I figured that would happen, so I accidentally pushed the voice memo button on my phone, and the entire conversation is recorded.

However, they called my wife (Korean) this morning, and she's up there with them right now. On the phone, the landlord stated that since my sister stayed with me for a little while, we have to pay them more for utilities.

My guess is that they are trying to badger her into accepting their terms. It's the Korean way, right? The rich abuse the poor, the young, and the young women until they can steal every penny...

The Seoul Hotline for foreigners was more helpful than I thought it would be. They seem as if they won't get into the situation themselves, but they did contact the real estate counselor, and told me the document that I should file to protect myself in this matter.
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cubanlord



Joined: 08 Jul 2005
Location: In Japan!

PostPosted: Sat Jul 29, 2006 6:54 pm    Post subject: Re: Landlord not returning Key Money Reply with quote

suadente wrote:
Sorry if this is covered in another thread. I looked and looked, but couldn't find anything.

I am living in a 'wolsae' apartment now, and my lease is finished in one month. I told my landlord that I will not be staying yesterday. She said that she will not give me my key money until after she finds a new renter for my apartment (For those of you who are into Konglish, it's actually a 'villa'). I paid 10,000,000 won key money. My contract states that I will get my money when I finish the contract, which is August 27, 2006.

But, she said that it doesn't matter.

This means that I cannot leave my apartment until she finds a new person. If I contract an apartment now, and she doesn't give me my key money, then I'll lose the initial deposit and have to give up my new contract. What if this takes weeks or a month?

Is this legal? If she doesn't give me my money, what can I do? Do you know of anyone else that this has happened to? What did he/she/they do?

I talked to someone who said that I could file a lien against the building, but that doesn't solve the problem of me finishing one contract, and not being able to start another.


That's why I won't put up money for my own place. Shady crap like this. Here's one major point in having your place of occupation front the apt. expenses.
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Paji eh Wong



Joined: 03 Jun 2003

PostPosted: Sat Jul 29, 2006 8:25 pm    Post subject: Reply with quote

If it makes you feel better, Koreans do this to each other all the time. I had a Korean friend call me up a few months ago asking ME for advice about the same situation. She got her money eventually but had to spend some time in limbo.
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T-dot



Joined: 16 May 2004
Location: bundang

PostPosted: Sat Jul 29, 2006 8:33 pm    Post subject: Reply with quote

1. did u do a check on her finances (loan /debt history etc..)
2. Is the apt. in your name?

3. This is the advice I usually get from Korean acquaintances if a landlord ever withholds key-money. I CAN stay in that said apt. rent free; until the key- money is returned.
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