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, 2007do2590, 2016do3369

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.

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.