During summer vacation, Ewha students who have been staying in rented houses near school over the semester return to their homes. Many of these students sublet their rooms during the vacation to save on rental fees. Since this year’s summer session was held in person, the number of students in need of a short-term lease has surged.
On that note, students who return to their homes tend to rent their rooms to fellow Ewha students, based on their trust in the Ewha community. They commonly use bulletin board systems, developed solely for leasing rooms between Ewha students, in online communities such as Everytime.
While subletting may turn out to be a win-win opportunity for students on both sides, it involves many risks that contractors might have not thought of.
For example, the student who borrowed the room might violate the contracted details such as inviting visitors without prior notification or leaving the room untidy. From the perspective of the subtenant, she cannot rule out the possibility of renting a room that looks different from what the sublessor informed.
To garner more detailed information, Ewha Voice interviewed a student with experience of renting her room to a fellow Ewha student.
According to the sublessor who wished to remain anonymous, she and the subtenant came to an agreement not to fill out a written contract. Instead, she informed the subtenant of the price and precautions via text and oral message. Also, her identification was verified by comparing the subtenant’s student ID and identification card.
When asked whether the sublessor notified her landlord in advance about renting the room to others, she denied it, as the leasing period was too short. After the contract terminated, the sublessor could not be more shocked by how unsanitary her property was.
Full of dust and hair, the floor was neither swept nor mopped and the table and refrigerator were left uncleaned. Judging from reasonable observations, the sublessor speculated the subtenant might have stayed with her acquaintances, not just by herself.
The sublessor mentioned that she was utterly disappointed with the experience, as the contract between her and the subtenant was made based on the trust of being a member of the Ewha community. To her, this was not only just an unpleasant memory but also a break of the rock-solid faith between Ewha students.
Regarding the legitimacy of subletting itself, Kwon O-jong, CEO of Dawoo Auction and Licensed Real Estate Agent, clarified that most subletting contracts are fundamentally legal. In accordance with the Freedom of Contract, a principle which underlies the Civil Law, sublease contracts are considered valid whether a sublessor and subtenant made a written contract or not, unless against the Principle of Trust and Good Faith.
In short, all the details from a subletting contract shall be observed no matter the existence of a written contract. However, in reality, it is hard to prove the validity of a contract when concluded verbally.
“Contractions confirmed through phone calls or online chatting will be effective only as indirect evidence rather than direct evidence,” Kwon said. “It is suggested to conduct a written contract in case of a future dispute. Still, any indirect evidence can be both available and useful when a contractor asks for civil liability.”
Under Article 629, 630 and 631 of the Civil Law, a sublessor is supposed to receive permission from the householder before subleasing the house. Kwon warned that if a sublessor lends her house without permission, the householder gains the opportunity to terminate the contract whenever she wants.
Most notably, Kwon highlighted that if the termination occurs while the subletting contract is valid, only the leaseholder is obliged to pay back the deposit and monthly rent to the subtenant.
“To avoid any troublesome situations regarding subletting, it is recommended to at least get a brief permission via phone call and make a written copy contract for sublease,” Kwon stated.