Who Pays for Repairs When an Air Conditioner Included in a Monthly Rental or Jeonse Breaks Down

The party responsible for repair costs is not automatically determined simply because an air conditioner installed in a monthly rental or jeonse home has broken down. The key issues are whether the air conditioner was provided under the lease, who owns it, why it broke down, and what special repair provisions are included in the agreement.

Article 623 of the Korean Civil Act stipulates that a landlord has a duty to maintain the leased property in a condition necessary for the tenant’s use and enjoyment. However, this does not mean that the landlord must repair every minor problem or any appliance brought in by the tenant. Actual responsibility is determined by considering both the terms of the agreement and the nature of the malfunction.

Basic Principles Applicable to Jeonse and Monthly Rentals

The basic framework for determining the duty to repair an air conditioner does not change depending on whether the lease is a deposit-based jeonse or a monthly rental with rent paid each month. In both cases, it is necessary to review the condition of the equipment provided with the home, the purpose of the agreement, the cause of the malfunction, and any special provisions.

The main standards under the Civil Act are as follows.

• Article 623 of the Civil Act: The landlord must maintain the leased property in a condition necessary for its use and enjoyment.
• Article 626 of the Civil Act: If the tenant has incurred expenses necessary to preserve the leased property, the tenant may claim reimbursement of those necessary expenses from the landlord. However, whether reimbursement is actually available may depend on the necessity of the repair, the cause of responsibility, the notification process, and any special provisions.
• Article 634 of the Civil Act: If the leased property requires repair, the tenant must notify the landlord without delay unless the landlord is already aware of the need.
• Article 627 of the Civil Act: If part of the leased property becomes unavailable for use and enjoyment through no fault of the tenant, the tenant may request a proportional reduction in rent. The scope of any reduction is not determined solely by the air conditioner’s malfunction; the extent to which use of the home is restricted must also be considered.

The landlord’s responsibility is not established merely because the air conditioner has broken down. Important factors include how much the malfunction affects the tenant’s ability to use the home for its contractual purpose, whether the problem can be resolved through simple maintenance, and whether it is an age-related failure of a major component.

Three Types of Air Conditioners to Distinguish First

1. An Air Conditioner Provided as an Option Under the Lease

If the air conditioner is listed as an option in the lease agreement, property listing, confirmation and explanation document for the subject property, or inventory of fixtures, this supports the conclusion that it was provided as equipment accompanying the leased property. Records showing that the landlord confirmed it was operating normally at the time of move-in or provided instructions for its use may also be helpful.

If this air conditioner does not operate because of aging or an internal component failure that occurred during ordinary use, the landlord is likely to be found responsible for repairs. Conversely, it cannot necessarily be concluded that the landlord is responsible even for routine maintenance that can ordinarily be performed by the tenant, such as cleaning the filter.

2. Property Left Behind by a Previous Tenant

An air conditioner does not always become an option provided by the landlord merely because it is installed in the home. The assessment may differ if, at the time of contracting, the landlord clearly explained that it was property left behind by a previous tenant and that the landlord would not be responsible for its repair or replacement, and the same terms were specifically stated in the lease agreement.

However, if the air conditioner is listed as an option in the agreement and has been maintained by the landlord, the landlord’s responsibility does not disappear merely by later calling it property left behind. The following materials should be reviewed together.

• The options and fixtures list in the lease agreement
• Real estate listings and photographs
• The confirmation and explanation document for the subject property
• Messages exchanged with the landlord or real estate agent before and after move-in
• Records showing who paid previous repair costs
• Special provisions concerning ownership of and responsibility for disposing of property left behind

3. An Air Conditioner Installed by the Tenant

If an air conditioner purchased and installed by the tenant breaks down, the tenant is responsible for the repair costs in principle. However, if the malfunction was caused by in-wall piping, electrical facilities, a leak, or an electrical problem on the building side, defects in the building facilities must be assessed separately from problems with the air conditioner itself.

If the walls or piping were damaged during installation, a separate issue concerning restoration to the original condition may arise, so it is advisable to obtain the landlord’s consent before installation.

Guide for Determining Responsibility for Repair Costs

This table presents general directions for assessment. The actual conclusion may vary depending on the scale of the malfunction, whether it can be repaired, the age of the product, any special provisions, and the parties’ notification and response process.

Evidence Distinguishing Age-Related Failure from Tenant Fault

A dispute may be prolonged if the cause of the malfunction is asserted only verbally. If possible, the tenant should obtain a written diagnosis from an air-conditioning technician that describes not only the symptoms but also the presumed cause.

Evidence Supporting Aging or Natural Failure

• Photographs showing the product’s year of manufacture and model name
• Whether the product operated normally at move-in and how long it had previously been used
• A technician’s opinion that components such as the compressor, motor, or control board deteriorated naturally
• Repair history for the same symptoms
• Evidence showing no signs of external impact or unauthorized disassembly
• Photographs showing normal cleaning and use

Cases in Which the Tenant’s Intentional Misconduct or Negligence May Be at Issue

• The indoor or outdoor unit was damaged by impact while moving or relocating furniture
• The product was disassembled or its wiring was modified without notifying the landlord
• Damage worsened because a drainage malfunction warning was ignored for a long period
• The malfunction was caused by using the product in a manner inconsistent with its instructions
• A problem occurred because basic filter maintenance was not performed at all

The mere fact that a product is old does not mean every malfunction will be recognized as a natural failure. Conversely, the mere fact that it broke down while being used by the tenant does not establish tenant fault. The technician’s diagnosis of the cause and records of use are important.

How to Review Special Provisions on Repair Costs

If there is a special provision, its wording must be read carefully. Rather than looking only at a broad statement such as “repairs are the tenant’s responsibility,” review the following elements.

1. Covered equipment: Is the air conditioner specifically included?
2. Cause of malfunction: Does the provision distinguish among consumables, tenant fault, and natural failure?
3. Scope of costs: Is the tenant responsible only for minor repairs costing at most a specified amount?
4. Repair and replacement: Does it distinguish between a simple repair and the complete replacement of an aging product?
5. Designation as property left behind: Does it specify whether the air conditioner is an option under the lease or property left behind free of charge?
6. Explanation process: Did the real estate agent or landlord specifically explain the meaning of the special provision when the agreement was signed?

Repair responsibility may be allocated through special provisions, but if the wording is ambiguous, the agreement as a whole, the nature of the fixture, the extent of the malfunction, and the explanations given at the time of contracting will be considered together. Whether a special provision on replacing consumables or minor repairs can also be applied to age-related failure of major components or complete replacement must be reviewed separately.

Procedure Before the Tenant Arranges Repairs

Step 1: Review the Contractual Materials

Review the agreement, options list, pre-move-in photographs, and property listing to determine whether the air conditioner was included as provided equipment. Also photograph the model name and year of manufacture.

Step 2: Document the Malfunction

Use photographs and videos to document whether the power does not turn on, cold air does not come out, or there is a leak or error code. Check whether the issue is simply caused by the remote-control batteries or settings, but do not personally attempt electrical or refrigerant work that requires professional qualifications.

Step 3: Notify the Landlord in Writing

Do not rely solely on phone calls. Use a method that creates a record, such as a text message or messenger service, to provide the following information.

• The date the malfunction was discovered and its symptoms
• The air conditioner’s model name and installation location
• Photographs or videos
• Available times for an inspection visit
• A request for a response regarding calling a repair company and responsibility for the costs

It is advisable to give the landlord a reasonable amount of time to arrange repairs. The tenant should cooperate so that repairs are not delayed by refusing access or inspection.

Step 4: Obtain a Diagnosis and Estimate

If possible, request an inspection report stating the cause of the malfunction and an itemized estimate. Determine whether the malfunction can be repaired, whether complete replacement is necessary, and whether any fault in the tenant’s use has been identified.

Step 5: Agree on Responsibility for Costs and the Service Provider

Confirm in writing whether the landlord will call the service provider directly or the tenant will pay first and receive reimbursement. Also confirm the maximum cost, ownership of the replacement product, and how the existing product will be disposed of.

Step 6: If Emergency Repairs Are Needed, Keep Records of Notification Attempts

Even if it is difficult to wait because of a leak, risk of electrical leakage, or health hazard, keep records of attempts to contact the landlord. Obtain a diagnosis and estimate to the extent possible and choose only the minimum necessary measures, making it easier to explain the necessity and reasonableness of the costs.

Step 7: Retain Payment and Repair Records

Keep the following materials together.

• The malfunction notice sent to the landlord and the landlord’s response
• Photographs and videos taken before and after the repair
• The technician’s inspection results and cause of the malfunction
• Estimates, transaction statements, and receipts
• Details of replaced components and warranty documents
• The landlord’s approval of the repair or promise to reimburse the costs

Precautions Regarding Unauthorized Repairs and Deductions from Monthly Rent

If the tenant replaces the air conditioner with an expensive product without notifying the landlord, the landlord may dispute the need for the repair, the selection of the service provider, or the amount charged. If the existing product could have been repaired inexpensively but was completely replaced, reimbursement of the full amount may not be recognized.

Caution is also required when unilaterally deducting repair costs from monthly rent. If the landlord has not agreed to bear the costs or permit the deduction, a separate dispute may arise over whether the rent is in arrears. Reimbursement of expenses and payment of rent should generally be handled separately, and if a deduction is to be made, it is safer to agree in writing on the amount and timing.

How to Draft an Agreement to Reduce Disputes

When entering into or renewing a lease agreement, it is advisable to specify the condition of each fixture and the scope of responsibility rather than merely writing “options included.”

• The air conditioner’s owner, model name, installation location, and operating condition
• The party responsible for routine maintenance such as filter cleaning
• Standards for responsibility for consumables, minor repairs, and repairs to major components
• How malfunctions caused by tenant fault will be handled
• Whether replacement will be made and who will bear the cost if repair is impossible due to aging
• Contact information for repair requests and the approval procedure
• If it is property left behind, its ownership, responsibility for repairs, and disposal method upon move-out

Recording the air conditioner’s operating condition on the move-in inspection checklist and retaining photographs can also reduce disputes over restoration to the original condition at move-out.

Key Takeaways

Responsibility for the repair costs of an optional air conditioner is determined not by whether the lease is called a monthly rental or jeonse, but by whether it was provided under the agreement, the ownership relationship, the cause of the malfunction, special provisions, and supporting evidence. If a landlord-owned option provided under the agreement breaks down due to aging, the landlord’s duty to repair is likely to become an issue. If it breaks down because of the tenant’s intentional misconduct or negligence, the tenant may be responsible.

The most important practical principle is to provide notice before repairs are performed. Review the contractual materials, document the condition and cause of the malfunction, and obtain the landlord’s approval and a technician’s estimate to preserve the evidence needed for reimbursement or determining responsibility. Because the outcome of a specific dispute may vary depending on the contractual wording and facts, legal advice or the housing lease dispute mediation process may be considered if the issue involves costly repairs or replacement, or a deduction from rent.