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Q1. I refused to renew the lease due to “the actual residence of the tenant”. Can I leave it blank for a year from November 2020 and live in 2021? Can you say that you have fulfilled the conditions for living?
A1. According to Article 6-3 (1) 8 of the Housing Lease Protection Act, one of the legitimate reasons for the landlord to reject the tenant’s request for lease renewal is that the landlord (including immediate continuation of the lease tenant and direct reports) actually resides in the target house. ‘If you want to do’. The above provisions are reasons to deny the renewal of the type that is not found in the Law for the Protection of Leasing of Commercial Buildings, in which the right to request the renewal of the contract was introduced for the first time, due to the fault of the tenant (delinquent rent , false or illegal leasing, unauthorized presentation, damages), provision of substantial compensation and objective leasing. Unlike other reasons for refusal of renovation, such as in cases where it is difficult to continue (home lost, demolished or rebuilt), this will be said to be a rule to protect the landlord if he wishes to live in the home he owns. The purpose of this legislative legislation, the point stipulated as “ in case of actual residence ” and the provision of the right to request the renewal of the contract is a unilateral execution provision that has no effect, which is disadvantageous for the tenant as an agreement in violation of this agreement. Considering that the possible exceptions must be interpreted strictly, it is reasonable to interpret the above provisions to mean only when the owner or his family actually enters and resides in the house. Therefore, in the previous question, it will be said that it is not a legitimate reason for the landlord to reject the tenant’s renewal application in order to leave it unoccupied with no intention of living. Furthermore, if the landlord refuses to renew because of his real residence and leaves the rented house unoccupied, the Housing Lease Protection Act is violated, violating the tenant’s right to request renewal of the contract, and the landlord is liable for illegal acts under article 750 of the Civil Law. Therefore, the tenant must compensate for the damage suffered (the same opinion is taken in the comment on the revised law for the protection of housing leasing published on August 28 by the Ministry of Land, Infrastructure and Transport and the Ministry of Justice) . In this case, the amount of damages to be reimbursed to the tenant may vary depending on the specific case, but the actual expenses that the tenant has spent, such as moving expenses and brokerage fees, and the rent difference between the newly lease concluded and the existing lease (in this case, the deposit is the monthly rent. The conversion period will be based on the two-year lease period at the time of renewal).
Q2. Is it possible to extend the contract for only one year in consultation with the tenant? If the tenant requests a 2-year renewal, can’t I live until November 2022?
A2. Article 4, paragraph 1 of the Housing Lease Protection Act stipulates that a lease with no fixed period or less than two years is reported as two years, but the tenant can claim that the period set in less than two years is valid. . In addition, article 10 of the same law stipulates that any contract that violates this law and is disadvantageous for the tenant has no effect. According to the above rules, even if the landlord and the tenant agree to sign a lease with a one-year lease period, the part for which the lease period is set shorter than the two years guaranteed by the Law Housing Lease Protection is in principle disadvantageous for the tenant and can be recognized in effect. There is none, so the tenant can claim a two-year lease from the landlord. The above rules apply not only to the first lease, but also to the case when the lease is implicitly renewed, if the lease is renewed by agreement between the owner and the tenant, and if the tenant exercises the right to request the renewal of the contract. In particular, Article 6-3, paragraph 3 of the Housing Lease Protection Law, revised this time, explicitly stipulates that if the tenant exercises the right to request the renewal of the contract, the duration of the renewed lease is considered two years. Therefore, if the landlord asks the landlord to renew the contract from 6 months to 1 month before the end of the existing rental period (6 months to 2 months after December 10, 2020) and there is no legitimate reason for the refusal of the landlord.However, even if the legal effect of the lease renewal has already occurred, and after that, even if the landlord and the tenant have agreed with each other to prepare a renewal contract that sets out the lease period for the lease renewed in one year, the tenant is a period of two years. You can also claim. If so, even in the question above, if the tenant requests a two-year renewal, the landlord will not be able to live until November 2022, when the two-year lease period ends. As an exception, if the extension of the lease for only one year is not disadvantageous for the tenant, it can be effective. For the lease period of less than two years to be effective due to the circumstances of the landlord, for example, the tenant receives substantial compensation, such as reducing the tenant’s rent or paying moving fees and brokerage fees at the end of the lease. lease. There must be a separate reason that is not adverse. Also, it would be desirable to indicate these matters as special agreements when drafting the lease to avoid future disputes. The Supreme Court also said: “Paragraph 1 of Article 4 of the Housing Lease Protection Law, in light of the purpose of Article 10 of the same law, is a provision to guarantee a rental period of at least two years for the protection of tenants. Not all of them should be declared invalid, and it is quite reasonable to interpret that even a contract that violates the previous provisions is valid if it is not disadvantageous for the tenant ”(Supreme Court 1995. 5. 26. Sentence 95 Da 13258, 1995. 10. 12 Sentence 95da22283, 1996. 4. 26. Sentence 95da5551, see 5568). Attorney Daejin Kim
When the National Assembly passed the revised Housing Lease Protection Act bill on July 30, the right of tenants (tenants) to renew the lease was created after 39 years of enactment. After two years, the ‘playground’, where everything was left 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. Common sense on the second lease law required for a new lease relationship, and was prepared jointly. From September 16 (Wednesday) to September 20 (Sunday), it will be serialized 5 times.
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