Fixed date (hwakjeong ilja)

A fixed date is a date officially recorded on your lease contract. A tenant who has the requirements for opposing power and a fixed date on the contract is repaid the deposit before lower-ranked creditors when the home is sold at auction or public sale (Housing Lease Protection Act, Art. 3-2(2)).

The fixed date is given by the community service center (주민센터) or local office where the home is, a district court or registry office, or a notary (Art. 3-6(1)). A fee is charged (Art. 3-6(5)).

Legal basis

Housing Lease Protection Act (주택임대차보호법), Art. 3-6(1), Art. 3-2(2)

Common questions

Q. When should I get the fixed date?

A. On moving day, together with your change-of-residence report. Priority repayment needs both the opposing-power requirements and the fixed date (Art. 3-2(2)).

Q. Can I check fixed-date information before signing?

A. Yes, with the landlord’s consent. A person who wants to sign a lease can ask the fixed-date office for the home’s fixed dates, rent and deposits (Art. 3-6(4)), and the landlord must show this information when the lease is signed (Art. 3-7).