---
title: "What Can You Do When a Guest Damages Property?"
description: "Can you claim damages when guests break items in your property?"
published: 2022-04-15T00:00:00+00:00
author: "ONDA 편집팀"
category: "Insights"
image: "https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a9e119a25ab3de7a74d406_62fef57cd68b933ad2e25d2f_lance-grandahl-7wMFfmilUbw-unsplash.jpeg"
canonical: https://global.onda.me/en/blog?slug=gogaegi-sugso-gimuleul-pasonhan-gyeongu-eoddeohge-daeceohal-su-issnayo
locale: en
---
# What Can You Do When a Guest Damages Property?

### Hospitality Law with Attorney Song Ji-eun

#### 06. What Can You Do When a Guest Damages Property?

#### **Hospitality Legal Q&A Part 3**

##### Writer: Attorney Song Ji-eun

##### Editor: ONDA Manager Lee Chae-eun

**_"I run a property, and guests occasionally break things — linens, dishes, you name it. When I discover damaged items after checkout, what are my options? Can I claim damages?"_**

This is a common headache for property operators. Today we'll walk through **what you can do when guests damage your property — and whether you can recover costs.**

### Was It Intentional or Accidental?

Your options depend on whether the damage was **intentional** or **accidental**. 

If a guest **deliberately** damages property, that's **property destruction under criminal law** (Article 366 of the Criminal Act).

**Criminal Act Article 366 (Destruction of Property)**

Anyone who damages, conceals, or otherwise renders useless another person's property, documents, or electronic records shall be **punished by imprisonment of up to 3 years or a fine of up to ₩7 million.**

"Rendering useless" means making property unable to serve its intended purpose — whether physically or emotionally — even temporarily. \*See Supreme Court rulings [71do1576](https://casenote.kr/%EB%8C%80%EB%B2%95%EC%9B%90/71%EB%8F%841576), [2007do2590](https://casenote.kr/%EB%8C%80%EB%B2%95%EC%9B%90/2007%EB%8F%842590), [2016do3369](https://casenote.kr/%EB%8C%80%EB%B2%95%EC%9B%90/2016%EB%8F%843369)

But if the damage was **accidental** — a mistake during normal use — criminal charges don't apply. You're limited to **civil damages under tort law.**

### How to Respond to Property Damage

**Whether you pursue criminal charges or civil damages, you need proof** that the guest broke something. You must show the item was intact before their stay and damaged after.

**This means gathering evidence:** CCTV footage, photos, incident reports. Most properties inspect rooms during turnover cleaning — document what you find then.

**_Without proof the item was undamaged before the guest checked in, you'll struggle to win a criminal case or civil claim._**

![Photo by CHUTTERSNAP on Unsplash](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a8b22a699945aa65d81af7_62fef7c03a427e70923732c3_chuttersnap-cGXdjyP6-NU-unsplash_20_1_.jpeg)

Civil lawsuits take time. Before filing, consider **sending a certified demand letter** with your evidence.

While legally non-binding, a demand letter signals you're serious about litigation — and can pressure the guest to settle. It's also cheaper than going to court.

A typical demand letter outlines the damage (with evidence), requests compensation, and hints at legal action. Print three copies and send via registered mail at the post office.

### The Bottom Line

Today's Q&A covered **civil and criminal remedies when guests damage property.** Both paths hinge on documentation — so if something breaks, **collect evidence first.**

![](https://zqcfqfqgiyckyhazcfrk.supabase.co/storage/v1/object/public/blog-images/webflow/6316f3f75130788ec2d762dd/65a8b22a699945aa65d81af2_62fcb6199df690324966dd54_EC_86_A1_EC_A7_80_EC_9D_80_EB_B3_80_ED_98_B8_EC_82_AC_EC_86_8C_EA_B0_9C.png)