Sublease: Boundary of Illegal and legal

Students' wrong cognition about breaking laws is the problem.

by Cha, Seung-eun  | date 2016.11.08 | hit 29 | comment 0



<Students' Wrong Attitude and Tips for Sublease>

Students usually do not think of subleasing without the agreement of the house owner as illegal. “I think sublease cannot be illegal if someone pays monthly rent,” said Shim hye-rim, a sophomore, Dept. of Emergency Medical Service, Woosong University. According to the survey that the press of Gyeongsang National University did, 85% of students did not know that subleasing without an agreement with the house owner is illegal. However, even though students know that it is illegal, students usually take their illegal acts lightly. “Students around me sublease even though they know it is illegal. Monthly rent is quite big money for students,” said Lee Eun-hye, a freshman, the Dept. of Child and Family Welfare, Hankyong National University.


Experts pointed out students’ attitude. “Students should take their illegal act seriously. Monthly rate contract is also a kind of contract,” said Jo Sung-chan, a licensed real estate agent. On the other hand, Kim Kyung-chun, a lawyer, gave a tip about legal sublease. Under civil code section 630, if a lessee has sub-leased the object with the consent of the lessor, the sub-lessee assumes the obligations directly to the lessor. In this case the sub-lessee may not set a defense against the lessor by a payment of the rent to the sub-lessor. At this moment, the important thing is that students should record the voice of the house owner as evidence. Also, sub-lessees should pay the monthly rent directly to the lessors, because even though sub-lessees gave money to the lessee, if the lessors require sub-lessees monthly rent again, sub-lessees have to give monthly rent again.

The sublease without permission from the house owner is happening publicly by SNS or school community, but this is undoubtedly illegal. However, there is not any other solution without subleasing. Registering the right to lease on a deposit basis is a solution, but it costs quite a lot of money which is not realistic. Furthermore, according to the law for protection of tenant, a term of contract is usually two years, so three to four months of contracts are hard to be protected. Nevertheless, students should aware that sublease without the lessors’ agreement is illegal, and should take acting illegally seriously.

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