The starting point of the problem: Should electricity be provided even if rent is not paid?

When a commercial lease dispute arises, both landlords and tenants can easily become emotionally involved. Especially when a tenant is long overdue for rent or avoids contact, landlords naturally consider cutting off the electricity. In consultations, we often hear questions about considering power or water cuts.

However, the bottom line is that in most commercial leases, landlords are not permitted to disconnect the premises. In fact, there are many cases where landlords are held criminally and civilly liable for disconnecting the premises.

Principle: Power outage is illegal as a self-help measure.

The basic structure of a commercial lease is that the landlord guarantees the tenant the right to use and benefit from the property, and the tenant pays rent in return. Electricity and water are essential necessities for commercial operations, so cutting them off makes the tenant's business impossible.

The law considers such actions to be a violation of the principle of prohibition against self-help. This means that when disputes arise, they should be resolved through legal procedures, and landlords should not use their own force to restrict the other party's rights.

If the landlord cuts off the power due to this, the landlord could face criminal charges for obstruction of business, and civil liability for damages such as lost sales and business interruption. Delayed rent payments alone do not exempt the tenant from these liabilities.

Exception: Cases where this may not be a problem

So, does that mean power cuts are never permitted? While exceptions are discussed in theory, the scope of practical acceptance is very narrow.

First, there are instances where lease agreements include provisions that allow electricity to be cut off in the event of rent arrears. However, even if such provisions exist, they are unlikely to be immediately legal. In fact, they are highly likely to be invalidated as they are excessively disadvantageous to the tenant.

Second, there are cases where the tenant has completely ceased operations and effectively abandoned the store, effectively ending the tenancy. In such cases, where the tenant's right to use the store itself isn't at issue, the risk of disputes can be relatively reduced. However, even in these cases, prior notice and objective evidence are necessary, rather than the landlord unilaterally cutting off the electricity.

Particularly dangerous types of power outages

Conversely, the following situations almost certainly constitute a violation of the law: If the tenant disconnects the electricity while the business is still operating, if the power distribution panel is opened and manipulated without the tenant's consent, or if the electricity is disconnected as a means of pressuring rent payment. In these cases, tenants often simultaneously file a criminal complaint, an injunction to restore the electricity supply, and even a claim for damages.

Legal Responses Landlords Should Choose

Instead of disconnecting the tenant, the landlord should pursue the legally mandated procedures. First, they can demand payment of overdue rent via certified mail, and if the requirements are met, they can notify the tenant of contract termination. If the tenant still fails to return the property, it's advisable to legally recover the property through a title lawsuit or an injunction prohibiting transfer of possession.

It may feel like it takes time, but it's often a faster and safer solution than escalating the conflict with a power outage.

Response Points Tenants Should Know

Even from a tenant's perspective, a landlord's power cut is not something to be taken lightly. If a power outage occurs, you should immediately secure objective evidence, such as photos, videos, or text messages. In some cases, you can quickly restore electricity through an injunction, and you can also pursue civil liability for any resulting damages.

Conclusion: The Danjeon is not the solution, but the beginning of conflict.

In a commercial lease, a landlord's power cut-off may seem like a quick way to impose pressure, but legally, it's closer to the riskiest option. Following legal procedures, rather than reacting emotionally, prevents unnecessary losses for both landlords and tenants. It's crucial to seek expert advice early, before a dispute escalates into a protracted one.