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On the morning of July, in front of the main gate of the National Assembly, tenant activists and 113 civic groups calling for the amendment of the third leasing law gathered in the National Assembly and urged the revision of the third leasing law within the extraordinary session of the National Assembly in July. By Kim Hye-yoon, Staff Reporter [email protected]
Q. While extending the lease this time, I verbally agreed to increase it to 100,000 won per month, which is more than 5% of the current monthly rent. When writing a contract, the owner asks you not to renew it next time. What should I do?
TO. Among the many cases of counseling at the People’s Hope Participatory Solidarity Headquarters after the amendment of the Housing Leasing Protection Act (July 31, 2020), the question is whether the special agreement not to exercise the right to apply the renewal of the contract is included in the housing lease, if it has legal effect. Since the lessee has agreed to waive the exercise of the right to request the renewal of the contract, which has not yet been exercised, it will be invalid as it will negatively affect the lessee.
Let’s look at the query case in more detail. Currently, the rental condition of the housing lease is 400 million won for Jeonse, and the lease expires in November 2020.If the landlord wants to extend the lease for two years, the landlord is asked to keep the deposit and increase the monthly rent by 100,000 won. If 5% of the current deposit, the deposit can be increased by 20 million won, and if calculated at the current legal conversion rate (4%), 800,000 won per year (20 million won * 0.04 = 800,000 won), 670,000 won per month (800,000 won / 12 months = 6.66)…), But the landlord asks you to pay 100,000 won per month, so you pay 330,000 won more per month than if you exercise the right to request the renewal of the contract and increase it within 5% per year. Converting 100,000 won per month at the conversion rate (4%) equals 30 million won on deposit, which is an increase of more than 5%. Tenants who want to live in this area for the next four years due to their children’s school problems accept the landlord’s request and can exercise the right to renew the lease two years later by signing a lease, and after verbally agreeing to raise 100,000 won per month. . When the landlord insists on putting the phrase “ the right to request the renewal of the contract was exercised ” or “ the next time the right to request the renewal of the contract is insisted, ” the contract is insisted on in writing, the tenant himself asks if he can reverse the promise and exercise the right to request the renewal. I did it. There are three legal issues to consider in this matter.
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First, If the landlord proposes a condition of extension of the contract that increases the rent by more than 5%, and the tenant accepts the condition without objection, the tenant can exercise the right to renew the contract. The Ministry of Justice and the Ministry of Land, Infrastructure and Transport recently published an explanatory document on the revised law for the protection of rental housing, if the tenant does not actively exercise the right to request the renewal of the contract and has reached an agreement to increase the rent above 5% when the contract is extended for two years. It explains that it is possible to exercise the right to request the renewal of the contract again before the expiration of the contract period. However, the tenant must make a decision paying attention to the living conditions and trends of the landlord. This time, even if you are thinking in your mind, “I will accept a 5% rent increase and request a lease renewal next time.” This is just the idea of the tenant and there may be a legitimate reason for the landlord to refuse the renewal at that time or a year later. By selling this home to the buyer for the purpose of living, the buyer can legitimately decline the renovation for the purpose of living. Therefore, the fact that you have accepted a rent increase in excess of 5% now does not guarantee the tenant the renewal of the contract after two years. The second issue is the legal effect of including the phrase ‘I acknowledge that the tenant has exercised the right to request the renewal of the contract at the time of signing this contract’. If the actual tenant exercised the right to request the renewal of the lease, this is just a statement that confirms the facts, but at this time, if the rent increase in the lease exceeds 5%, the excess is invalid and the tenant does not You can exercise the right to request the renewal of the contract next time. On the contrary, if the tenant did not exercise the right to request the renewal of the contract and the previous sentence is included in the contract, it will be ‘It is substantially the same as the special agreement that the tenant will not exercise the right to request the renewal of the contract in the next session. In the latter case, the tenant has agreed to abandon the exercise of the right to request the renewal of the contract, which has not yet been exercised, so it will negatively affect the tenant and it will no longer be valid. This is because this agreement is contrary to article 6-3 of the Housing Lease Protection Law, which recognized the right to request the renewal of the contract. Even if such an agreement is invalid, the tenant may find it difficult to retest the contract negotiation process after two years, so we recommend that you avoid including such a statement in the contract if possible. As a third issue, the rent increase was agreed to orally, but at the contract signing stage, the landlord continued to insist on including a special contract for the right to request the contract renewal. Is it possible to cancel an agreement on a rent increase, exercise the right to request the renewal of the contract and request the reinstatement of the rental terms? You can do that. If the tenant has not yet exercised the right to request the renewal of the contract, the rent increase can be reduced to 5% by canceling the agreement to increase the rent that exceeded 5% and exercising the right to request the renewal of the contract within the exercise period. Kang-Hoon Lee, Attorney (Executive Member, People’s Livelihood Hope Headquarters, Participation Solidarity)
On July 30, the National Assembly approved the amendment to the Housing Lease Protection Act, which gave the tenant (tenant) the right to renew the contract after 39 years of enactment. After two years, the ‘playground’, where everything was at the disposal of the lessor (lessor), was able to strike a balance with establishing the right to request renewal of the contract. Various disputes and conflicts derived from this process are stimulating consumption, but in most countries, such as Germany, France and the United States, which have been guaranteeing the right to request the renewal of the contract for decades, the tenant’s right to live and the landlord property rights. The common sense of the second lease law required for a new lease relationship, <한겨레>Wow <참여연대 민생희망본부>Prepared jointly. From September 16 (Wednesday) to September 20 (Sunday), it will be serialized 5 times.
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