SORA RENTAL NOTE · 07
Renting from another tenant:
do you need the landlord’s consent?
The general rule is simple: get the landlord’s consent before subletting. A contract between the tenant and subtenant may still exist without that consent, but the landlord may be entitled to terminate the original lease or demand the return of the room.
Understand it through a comic
Check whether you are leasing directly from the landlord or subletting from an existing tenant.
Review the original lease term, any restrictions on subletting and whether the lease is still in force.
Record consent for the named person, space and period. Any exception depends on the specific circumstances.
Before signing, establish who receives and returns your deposit and what happens when the original lease ends.
These illustrated examples explain the situation. Read the article below for the requirements and exceptions.
THE SHORT ANSWER
Start with these three points.
- 01
The general rule requires the landlord’s consent.
Article 629 of the Civil Act provides that a tenant may not sublet the rented property without the landlord’s consent.
- 02
An unauthorized sublease can also put the original lease at risk.
A contract may exist between the tenant and subtenant even without consent. As a general rule, however, the subtenant cannot rely on it against the landlord, and termination of the original lease or return of the home may become an issue. The use of only a small part of the premises, a clause permitting subletting, or special circumstances in which the arrangement does not amount to a breach of trust toward the landlord require separate assessment. Lack of consent does not automatically make every arrangement void or every occupant an unlawful occupier.
- 03
Written consent is safer than a verbal agreement.
Keep a signed document recording who may use which space and for how long, who is responsible for the deposit, rent and repairs, and exactly what the landlord has agreed to.
The key check for a subtenant: The person receiving your deposit may not be the registered owner. Before transferring money, check both the landlord’s consent and the time remaining on the original lease.
THREE PEOPLE, TWO CONTRACTS
Understand the relationships between landlord, tenant and subtenant.
- Owner
- Tenant
- Subtenant
| Relationship | Contract and responsibilities | What to check |
|---|---|---|
| Landlord ↔ tenant | The original lease continues separately from the sublease. | Whether subletting is allowed, special clauses and the original lease end date |
| Tenant (sublessor) ↔ subtenant | A separate sublease is created. The tenant who sublets the room must make it available for the subtenant’s use. | Who returns the deposit, rent, the term, termination and final settlement |
| Landlord ↔ subtenant | In a lawful sublease approved by the landlord, the subtenant may owe duties directly to the landlord under Article 630 of the Civil Act. | The scope of consent, the landlord’s contact details and conditions of use |
Even with consent, do not assume the sublease is securely guaranteed beyond the original lease.
- Check when and why the original lease will end. However, where the landlord has consented to the sublease, an agreement between the landlord and tenant to end the original lease does not, by itself, extinguish the subtenant’s rights (Civil Act, Article 631).
- The person normally responsible for returning the subtenant’s deposit is the original tenant acting as sublessor.
- If the landlord agrees to receive or return the deposit directly, record that arrangement clearly in writing too.
A NARROW EXCEPTION
Do not rely on “It’s fine because we’re just roommates.”
- Roommate
- Actual purpose
- Legal requirements
Article 632 of the Civil Act excludes the application of Articles 629–631 where another person is allowed to use only a small part of the rented building. Simply living together does not establish that this exception applies: the extent and manner of use, as well as the original lease’s special clauses, must be considered. It is difficult to treat an arrangement in which the tenant leaves an entire studio for someone else’s exclusive use as this exception.
The original tenant stays
If the arrangement involves sharing only a small part of the room, the small-part exception may need to be considered.
The whole studio is handed over
If the tenant moves out and a friend uses the whole studio exclusively, the arrangement is closer to a typical sublease. Check the landlord’s consent first.
Check the special clauses too
Look for restrictions on additional occupants, subletting, lodging or transfer of possession in the original lease. If anything is unclear, obtain written consent.
The actual circumstances matter. Who really lives there, whether money changes hands and whether a separate space has been handed over matter more than labels such as family member, partner or friend.
WRITTEN CONSENT CHECKLIST
Include these details in written consent to sublet.
- Consent
- Actual building / unit
- Duration
- Parties
Names and contact details of the landlord, tenant and subtenant
Use a current property registration certificate and an identity check to confirm that the person giving consent is the landlord.
- Property
The address and the actual space being used
Specify the unit number and the area covered, including whether the whole property or only part of it is being sublet.
- Dates
Start and end dates, plus the original lease end date
Do not simply write a long sublease term. Check when the underlying lease ends as well.
- Payments
Deposit, rent, management charges and responsibility for refunds
Record who receives each payment, who must return the deposit, what management charges cover and when payments are due.
- Responsibilities
Repairs, damage, move-out settlement and returning keys
Agree on the process for equipment failures, restoring the property and an early departure.
- Consent
The landlord’s signature or seal and the date
Do not rely only on a phone call. Keep a written record showing precisely what was permitted.
FAQ
Frequently asked questions
Is a sublease without the landlord’s consent always void?
A contract may still exist between the tenant who sublets and the subtenant. In general, it is difficult to enforce that sublease against the landlord, and termination of the original lease or return of the room may become an issue. Exceptions, including use of a small part, a clause permitting subletting or special circumstances that do not amount to a breach of trust toward the landlord, must be assessed individually.
Does living with a roommate always count as subletting?
No. The answer may depend on whether someone is simply sharing accommodation free of charge, whether a separate space is provided for payment, and whether the original tenant continues to live there. Check the original lease’s special clauses and inform the landlord in writing.
Will the landlord return the subtenant’s deposit?
A subtenant usually contracts with the original tenant, who acts as sublessor. Deposit repayment is therefore normally governed by that contractual relationship. The landlord does not automatically become responsible for refunding the subtenant’s deposit. Before paying, confirm in writing who must return it.
OFFICIAL SOURCES
Official sources checked
The current Civil Act and the Ministry of Government Legislation’s Easy Law guidance were checked as of 3 October 2026.
- Korean Law Information Center · Civil Act, Articles 629–632 Restrictions on subletting, the effects of a lawful sublease, subtenant rights and the small-part exception↗
- Easy Law · Restrictions on subletting Legal relationships with and without consent, enforceability against the landlord and subletting a small part↗
- Civil Act, Article 631 (effective 17 March 2026) In a landlord-approved sublease, ending the original lease by agreement alone does not extinguish the subtenant’s rights
- Supreme Court, 10 June 2010, case 2009Da101275 Limits on termination for unauthorized subletting where special circumstances mean there is no breach of trust toward the landlord
This article provides general information based on legislation and official guidance checked on 3 October 2026; it is not legal advice. Whether an arrangement is shared living or a sublease, whether the small-part exception applies and whether a lease may be terminated depend on actual possession, payments, special clauses and the parties’ relationships. If a dispute arises or a substantial deposit is involved, take the lease and consent documents to a legal professional or the Housing Lease Dispute Mediation Committee for advice on your circumstances.