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A Study on the Housing Lease System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 94(), pp.89-114
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 21, 2021
  • Published : May 25, 2021

Lim, Suk-Nyeo 1

1남서울대학교

Accredited

ABSTRACT

The protection of tenants prescribed by the Housing Lease Protection Act is also very important in terms of the minimum protection of rights based on the basic rights of the Constitution, which is the housing stability of the people. The sharp rise in real estate prices is causing serious problems with income polarization and imbalance among households. Therefore, the issue of housing poverty for newlyweds and young people has emerged as a problem for our society to consider ahead of time. The majority of newlyweds and young people, except for a very small number, usually rent houses. The Housing Lease Protection Act provides for a number of systems related to counterpower, collection of deposits, registration orders, lease term, renewal of contracts, right to claim demurrage, and protection of certain amounts of deposits. At the end of the lease, the renewed tenant may exercise his/her right to renew the contract only once only if the lessee refuses to renew or fails to change the terms of the contract six months before the end of the lease period. In such cases, the duration of the renewed lease shall be deemed two years. In other words, there is no provision for a 'right to seek contract renewal' that allows tenants to actively request renewal of the contract by recognising only 'implicit renewal'. Therefore, at the end of the two-year lease period, the lease relationship ends in principle, forcing the lessee to accept the rent increase unilaterally determined by the lessee and renew the contract or choose to move. In most cases, renters do not renew their contracts to accommodate new tenants at the market price because there is a limit to the legal amount that cannot be raised more than one-twentieth of the deposit even if the tenant tries to raise the lease deposit. As a way to this end, the protection of renters and tenants should be made together by calculating standard rent for each region, setting the upper and lower limits of lease deposits, and allowing them to raise lease deposits within the limit. In addition, it is a matter of collecting lease deposits at lease expiration. The current housing situation in Korea is scattered with unregistered and unlicensed houses for various reasons. However, housing subject to the tenancy registration order is limited to "registered housing". In particular, it is impossible to register lease rights in unauthorized houses, which can be regarded as mostly inhabited by ordinary people. Looking at the characteristics of housing leases, most of them are that after the deposit is received, the renter does not save the deposit received from the tenant in the bank, but is pushing for a new project using it as the basis. In other words, the landlord has secured a new deposit through re-lease and is returning the deposit to the existing tenant. Because most renters are using deposits from tenants as new housing or housing purchases. As a result, if there is no new tenant, the lease deposit cannot be returned even if the lease ends. This will result in an imbalance in the supply and demand of housing needed, which in turn will contribute to the increase in deposit. Preferred items such as apartments are fast to rotate, so there is no problem with tenants immediately at maturity, but multi-family homes and studio apartments, especially semi-basement, often do not rent well and often take a lot of time. In other words, specific and fundamental relief systems, such as deductions and immediate loans, should be introduced to landlords at maturity.

Citation status

* References for papers published after 2022 are currently being built.