How to Protect Your Lease Deposit in Korea as a Foreigner: Move-in Report and Fixed Date
A tenant who has moved in and completed the move-in report can assert the lease against a new owner from the next day (Housing Lease Protection Act, Art. 3(1)). For a registered foreigner, alien registration and the change-of-residence report count as resident registration and the move-in report (Immigration Act, Art. 88-2(2)).
Add a fixed date (확정일자) on the lease contract and you also get priority repayment: if the home is auctioned, you are paid before lower-ranked creditors (Art. 3-2(2)).
File the change-of-residence report within 15 days of moving (Immigration Act, Art. 36(1)), but for your deposit's sake do it, and get the fixed date, on moving day.
- Small Deposit Priority Repayment Calculator ›How much of your deposit is paid first if the home goes to auction.
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Two protections: opposing power and priority repayment
Korean law protects a residential tenant’s deposit in two steps under the Housing Lease Protection Act (「주택임대차보호법」). Nothing in the Act limits these protections to Korean nationals; what matters is that you meet its requirements.
| Protection | What you need | What it gives you |
|---|---|---|
| Opposing power (대항력) | Move in + move-in report | You can hold the lease against a new owner of the home (Art. 3(1)) |
| Priority repayment (우선변제권) | Move in + move-in report + fixed date on the contract | At auction, you are repaid before lower-ranked creditors (Art. 3-2(2)) |
Opposing power starts on the day after both requirements are met. If the landlord registers a mortgage on the day you move in, that mortgage can rank ahead of you, which is why you should check the property register (등기부등본) again on the day you pay the balance.
For foreigners, the residence report is your move-in report
The Act’s requirement is “resident registration” (주민등록), which Korean nationals meet with a move-in report (전입신고). Registered foreigners use a different system, and the Immigration Act (「출입국관리법」) bridges the two. For overseas Koreans, the Overseas Koreans Act (「재외동포의 출입국과 법적 지위에 관한 법률」) does the same:
| Your status | What counts as the move-in report | Basis |
|---|---|---|
| Registered foreign resident | Alien registration and change-of-residence report (체류지 변경신고) | Immigration Act Art. 88-2(2) |
| Overseas Korean with a domestic residence report (국내거소신고) | The residence report or its change report is treated as alien registration and change-of-residence report | Overseas Koreans Act, Art. 10(4) |
Deadlines
- Alien registration: within 90 days of entry if you stay longer than 90 days (Immigration Act Art. 31(1)).
- Change of residence: within 15 days of moving in, at the new area’s city/county/district office, community service center (읍·면·동) or immigration office (Art. 36(1)). Bring your alien registration card, which is updated with the new address (Art. 36(2)).
The 15-day limit is the legal deadline, not the safe one. Your deposit protection only starts the day after you report, so report on moving day.
Where to get a fixed date
A fixed date (확정일자) is an official date stamp on your lease contract. You can get one at the community service center (동 주민센터) or town office where the home is, a district court or registry office, or a notary (Housing Lease Protection Act, Art. 3-6(1)). If your lease is large enough to require a housing lease report and you submit the contract with the report, the fixed date is treated as given (Act on Report on Real Estate Transactions, Art. 6-5(3)).
Check who is registered at the address before you sign
The Immigration Act has its own version of the move-in household check. The owner, a tenant, or a party to a sale or lease contract for a building, or someone they delegate, can view or obtain a foreigner residence confirmation (외국인체류확인서). It shows the names of foreigners who reported the building as their residence and the dates they moved in (Immigration Act Art. 88-3(1)–(2)). Ask for it at an immigration office or the community service center.
If the lease ends and the deposit is not returned
If the lease is over and you have not been paid, apply to the district court for a lease registration order (임차권등기명령) (Housing Lease Protection Act, Art. 3-3(1)). Once the lease registration is on the property register, you keep the opposing power and priority you already had even after you move out (Art. 3-3(5)).
| Step | What to do |
|---|---|
| 1 | Apply to the district court for the area where the home is |
| 2 | Check the property register shows the lease registration |
| 3 | Only then move out and report your new residence |
Write a deposit return demand letter in Korean (fill in English)
Common questions
Q. Is the change-of-residence report alone enough?
A. No. You must also actually move in (take possession of the home). Protection starts the day after both are done (Housing Lease Protection Act Art. 3(1), Immigration Act Art. 88-2(2)).
Q. When should I get the fixed date?
A. By the day you move in and report your residence. Priority repayment exists only once you have both the residence requirements and the fixed date (Art. 3-2(2)).
Q. What if I move out during the lease?
A. Opposing power and priority depend on living there and being registered there. If you must leave before you are repaid, get a lease registration order first; once registered, your existing rights are kept (Art. 3-3(5)).
Q. Is my small deposit paid first if the home is auctioned?
A. If your deposit is at or below your region’s threshold, part of it is paid before mortgage holders, as long as you moved in and reported your residence before the auction was registered. Check with the calculator.
Official source (Korean): https://www.law.go.kr/법령/주택임대차보호법
This guide explains Korean law in general terms and is not legal advice. Laws change, so check the official text before you act.
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