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Missihippi

Joined: 22 Oct 2007 Location: Gwangmyeong
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Posted: Tue May 03, 2011 9:04 pm Post subject: Need legal advice (housing related) |
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Kind of long, sorry in advance.
Here is the situation: public school teacher (GEPIK), 3rd contract year, lives in school provided housing. Recently, i was asked to move out of my apartment because the landlord wanted to rent it out to a business for office use instead of residential use (more money i guess). I had lived there 2 years already, and my school had a foreigner living there for 2 years prior to me as well. I didn't really mind moving as it's kind of small and i wanted an upgrade.
Fast forward 2 weeks and i was moving out, just down the street. The school provided me with some moving help and it went rather quickly. I moved out all my things and had to go back later that day to clean up a bit. From reading the majority of posts here and on dave's, it seems most people barely clean (if at all) before they leave.. which is what i did.. just got rid of all the trash and dusted the place (no real scrubbing). Here is where it starts getting hairy:
The real estate agent for the building came up to inspect and close me out. We did a walk around (i think the building is between 10-20 years old.. not real sure), and the only chargeable problem she came across was a plastic internal freezer door had broken. So we went downstairs to her office and she looked up the cost of a replacement door and i paid it (13,000W). Everything else was satisfactory in her opinion (she's been working there since i've been there and i assume she's checked out multiple people).
ok, so fast forward another week and the school gets a letter from the landlord (whom, i've never met) stating the estimated damages. This letter has an itemized list of about 11 things that she considered in need of repair. The estimate equates to about 1.2 million Won. In my opinion they are things that every apartment of that age has. For example, there is a small crack in a baseboard in the corner of the room. Or she says that the washer machine door isn't in good condition (literally, it opens and closes and it doesn't have any holes -- works fine.. WTF?!) Even charging me because the drains don't drain 100%. Ridiculous things!
So, my handler and i go back to the apartment to re-examine with the real estate agent who confirms this list and simultaneously agrees that this landlord woman is crazy. We take pictures and all that jazz. I don't think much of it, because i know there is no way i'm paying and there is no way to prove or disprove that i did those damages and are liable for them.
Well, today my VP calls me in to tell me that the school can't really put up a fight and that if we don't pay the landlord will contact all the boards of education (what that will do? i have no idea) and could threaten the schools reputation -- blah blah blah. Anyway, school says they will pay 2/3 of the cost and that i would be liable to 1/3 (about 400,000). I initially told them hell no, i'm not paying squat. School says if i don't agree to pay 1/3 now, that they would only pay 1/3 and make her settle up the rest of the 2/3 with me -- and wouldn't help me anymore. I'm thinking what's the worst that can happen? She sues me? I need advice. i don't want to pay this money.. it's the principle of the thing. I've lived in countless amount of apartments and have never had this kind of ridiculousness.
What would happen if i didn't pay? What would happen if she tried to sue me? What are my options? Thanks for reading |
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ajosshi
Joined: 17 Jan 2011 Location: ajosshi.com
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Posted: Tue May 03, 2011 10:20 pm Post subject: |
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pay the 1/3, then forget it.
yes, she can sue and may or may not win, but you'll lose a lot of time, a chunk of your sanity, and be on the school's #%& list. |
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Missihippi

Joined: 22 Oct 2007 Location: Gwangmyeong
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Posted: Tue May 03, 2011 10:23 pm Post subject: |
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well this is definitely the last year in korea, and i havn't quite made the 6th month mark on the current contract.. but like i said it's the principle of the thing. She is trying to squeeze money out of people, and i wouldn't want this kind of crap to happen to the next person. |
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eamo

Joined: 08 Mar 2003 Location: Shepherd's Bush, 1964.
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Posted: Tue May 03, 2011 10:29 pm Post subject: |
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Doesn't the landlord have to prove that you did the damage?
Anyway, this landlord is trying to shaft you. Probably because you're a foreigner and she thinks you don't know how these things are done in Korea.
Getting the outgoing tenant to pay for all kinds of damage in an older apt is unheard of. Only serious damage like broken windows or fixtures should be paid for. |
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Missihippi

Joined: 22 Oct 2007 Location: Gwangmyeong
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Posted: Tue May 03, 2011 11:02 pm Post subject: |
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after some googling, i came up with this website http://eng.klac.or.kr/english/intro/01.php and rang the hotline. They didn't speak english so i had to get a coworker to break down the story.
the advice i was given was: don't pay, because it's unreasonable for the landlord to not expect normal wear and tear.
which is common sense and logical anyway -- thanks for the replies. any more experiences? |
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ajm04m
Joined: 19 Sep 2010 Location: Seoul
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Posted: Tue May 03, 2011 11:49 pm Post subject: |
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Missihippi wrote: |
after some googling, i came up with this website http://eng.klac.or.kr/english/intro/01.php and rang the hotline. They didn't speak english so i had to get a coworker to break down the story.
the advice i was given was: don't pay, because it's unreasonable for the landlord to not expect normal wear and tear.
which is common sense and logical anyway -- thanks for the replies. any more experiences? |
This is totally on the school to pay. Did you sign the contract for the lease of the apartment? Pay rent? Put down 보증금/Key money? Don't pay. |
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Missihippi

Joined: 22 Oct 2007 Location: Gwangmyeong
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Posted: Wed May 04, 2011 12:07 am Post subject: |
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well, the school certainly was on the lease and not me. However, they made it seem like they could relinquish legal responsibility by paying the landlord a certain amaount and telling the landlord that i'm responsible for the rest. Regardless of what happens next, i'm afraid that the school will end up paying the total that the landlord requests and then making me responsible, and if i don't pay, they might hold my job over my head or take the money out automatically. |
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Jane

Joined: 01 Feb 2003
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Posted: Wed May 04, 2011 6:54 am Post subject: |
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Sounds like maybe the landlord is withholding the deposit until she gets her money.
I've encountered this before in Korea: landlords who think that it is the tenants' responsibilty to cover expenses associated with HAVING AN INVESTMENT.
You shouldn't be responsible for these expenses, and you can always claim that the tenant before you moved in caused the damage.
Judging from the apartments I've seen when apartment-hunting, people here get low marks for mainting a rental apartment.
Another thing you could try if you haven't already, is call the Seoul Global Center and try to get in touch with the lawyer there.
Or you can offer to hire someone yourself to fix a limited amount of things, because handy work in Korea is CHEAP. For instance, you can hire someone to come in and have a drain cut out and resoded for 30 bucks! |
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ajm04m
Joined: 19 Sep 2010 Location: Seoul
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Posted: Wed May 04, 2011 3:05 pm Post subject: |
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Missihippi wrote: |
well, the school certainly was on the lease and not me. However, they made it seem like they could relinquish legal responsibility by paying the landlord a certain amaount and telling the landlord that i'm responsible for the rest. Regardless of what happens next, i'm afraid that the school will end up paying the total that the landlord requests and then making me responsible, and if i don't pay, they might hold my job over my head or take the money out automatically. |
It's not really legal to take money out of your pay and it's not legal to fire you for not paying for someone else's damages. If they do so, go to the labor board. |
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naturegirl321

Joined: 18 Jul 2006 Location: Home sweet home
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Posted: Thu May 05, 2011 7:50 am Post subject: |
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1350 is the labour board hotline. They speak English and might be able to help you out. |
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