Hong Seung-kwon Column | When a Water Leak Requires Repairs, Can the Tenant Decide the Repair Method? (Part 18)
Series Order Part 1 | Unpaid Corporate Transactions: Liability Behind the Veil Part 2 | Trade Name Continuity and the Liability of a SuccessorPart 3 | Directors’ Liability for DamagesPart 4 | The Person Behind the Company NamePart 5 | The Limits of Self-Defense in Assault Cases Part 6 | Criminal Set
When a hot-water pipe leaks in winter, water can seep into the ceiling below, potentially causing damage. In some cases, the tenant occupying the unit may refuse to allow necessary repairs, despite it typically being the landlord's responsibility. This scenario emerged in a case where a defect in the plumbing required the entire pipe to be replaced.
The landlord sought to replace the entire pipe, despite the tenant requesting only partial repairs, arguing that a full replacement would require more extensive construction and cause inconvenience. This article explores whether tenants have the right to demand only partial repairs and examines Articles 624 and 625 of the Civil Act.
Article 623 of the Civil Act obligates landlords to maintain leased properties in a condition necessary for tenants' use and enjoyment throughout the lease term. Court precedents have ruled that landlords are responsible for major repairs, such as essential facility replacements. However, landlords also have the right to decide how to fulfill this obligation.
If tenants disagree with the chosen repair method, they generally cannot refuse the work. The landlord should base technical decisions on the opinion of a qualified contractor or specialist and not on subjective tenant preferences.
In the case described, if a complete replacement is necessary due to defective plumbing, the tenant cannot demand partial repairs. However, the tenant has limited legal protections. The tenant may argue that the repair method chosen by the landlord is unnecessary for the leased property's preservation, or that the work makes achieving the lease's purpose impossible, allowing lease termination. Nevertheless, these remedies may have limited practical effect.
If the landlord insists on complete repairs and the tenant continues to refuse, the landlord should first notify the tenant through a content-certified letter and retain records of negotiations. If the tenant still refuses, the landlord may seek a provisional injunction requiring cooperation or property access. However, landlords cannot forcibly enter a tenant's residence, and urgent preservation measures are more likely to be recognized when damage worsens.
In such cases, the landlord may seek indirect compulsory enforcement through specific payment requirements for each court order violation.
Written by urgent.news from Korea IT Times's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
