SORA RENTAL NOTE · 34
The landlord wants to keep my passport as rent security. Is that allowed?
Identity checks and keeping your passport to secure a debt are different. Keep control of your original travel and residence documents.
Content checked · 3 October 2026
The key points
- A passport or Residence Card must not be taken as security for the performance of a debt.
- Showing identification for a contract check is different from leaving the original until rent is paid.
- If a document has already been retained, request its return and seek help without making a false loss report.
01 — 04
Start with the comic
Documents and screens are simplified illustrations. Check the sources below for actual forms and steps.
The landlord says they will keep my passport until I pay the rent.
A passport cannot be taken as debt security.
I can show my ID for checking and keep the original with me.
Use the rental documents to record obligations, and store your passport safely.
A rent debt does not justify holding your passport
- Passport
- Total unpaid rent
- Collateral request
A landlord may be worried that a tenant will leave Korea with rent unpaid. That concern does not make a passport an acceptable form of debt security. Article 33-3 of Korea’s Immigration Act prohibits receiving a foreigner’s passport or foreign registration card as security for contractual employment obligations or performance of a debt, and coercing or arranging such provision.
In a rental setting, “I will return it when you pay the rent” is the kind of security arrangement this rule addresses. The same concern applies to a Residence Card used as collateral. Do not treat a request as acceptable merely because it is described as temporary storage or appears in a signed rental clause.
Distinguish an identity check from collateral
- Identity
- Passport
- Scope
Checking that the person signing the contract matches the identification is a different situation from retaining the original until a payment is made. Ask why the document is requested, who will receive it and when it will be returned. For a normal identity check, suggest showing the original while keeping it in your possession.
This rule does not mean every request for an ID copy is automatically unlawful. A copy raises separate questions about purpose, necessary information, storage and disclosure. Ask what is needed and how it will be used; do not assume that handing over the original indefinitely is necessary just because identity must be verified.
Respond calmly and preserve the record
- Supporting evidence
- Seek advice
- Passport
If the original has already been taken as security, ask for it back in writing and keep the request and response. Record what document was handed over, to whom, on what date and the stated condition for return. Keep copies of the relevant lease clauses and messages so an adviser can understand the situation.
If return is refused, seek help from an appropriate public authority or qualified adviser; your country’s embassy or consulate can also advise on passport matters. Explain that the document is being retained rather than reporting it lost when that is not true. Do not assume this issue cancels rent or other valid contract obligations: handle the document’s return and any payment dispute separately.
What to check
- Ask whether the request is for identity verification or security for a payment.
- Keep possession of your original passport and Residence Card during an ordinary check where possible.
- If already retained, request return and preserve the dates, conditions and messages.
- If refused, explain the facts to an appropriate adviser or authority and address rent obligations separately.
Common questions
What if I agreed in writing to leave my passport?
Do not assume consent removes the legal prohibition on taking it as debt security. Ask for its return and obtain advice on the actual arrangement.
Does this mean a landlord can never check or copy my ID?
No. Identity verification, collecting a copy and holding the original as collateral are different issues. Ask about the purpose and necessary information; this guide addresses debt security.
Official sources
Korean laws and guidance from public agencies, universities and service providers. Most originals are in Korean or English. School and product examples apply only within their stated scope.