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Graphics_Go Yoongyeol
Kim Amugae, a tenant living in an apartment in Nokbeon-dong, Eunpyeong-gu, Seoul, is facing a global drug expiration in December. In accordance with the recent amendment to the Housing Lease Protection Act, the right to live for another two years was secured if the right to request renewal of the lease was used, but the response from the owner could not be expected. When Kim moved into this apartment two years ago, he manufactured a drug around the world for 380 million won, but the current rental price has risen to 500 million won. Mr. Kim said, “If you apply for a contract renewal, you can get the upper limit of 5% (19 million won) of jeon’s tax increase, but you are concerned that the landlord is unpleasant and lives in person.” We plan to see the intent of the owner. “Taking the words of the real estate industry as a whole on the 10th, the right to request a contract renewal and the upper rent limit under the revised Housing Lease Protection Act, which came into effect on July 31, emerged as the fundamental right to strengthen tenants’ housing stability.At the expiration of the current two-year lease / month, the tenant opened a path to live up to two more years if you wish, and in this case, the upper rent limit of 5% applies to the renewal contract, which is a big difference from the previous one. In reality, however, it is pointed out that tenants who live in places where the Rent for a new rent has skyrocketed in the last two years, as a new apartment in downtown Seoul is about to expire on the monthly rental agreement and jeon. This is because in places don Since the price of jeonse has risen a lot, there is a margin of conflict between the tenant and the landlord over the amount of the rent increase. In particular, the problem is that if the owner is not satisfied with the 5% increase, which is a big difference from the market price, there is a possibility that he or she, parents and children will be notified and reject the request for the tenant to renew the lease.
In consideration of this case, the new supervision law made it possible for the tenant who left the house to claim damages against the landlord if the landlord did not move into the house and enter into a lease with another tenant. In addition, to increase the effectiveness of compensation for damages, an amendment to the Executive Decree of the Law of the Chief Executive is being carried out to allow the evicted tenant to have access to the rental information of the corresponding house. However, there is no fear that the damage compensation system will be limited to a “ weak visitation after death ”, as it is cumbersome in the legal procedures in the tenant’s charge, and it is not clear if it will be done 100% compensation for the economic loss resulting from the eviction, even if a claim is filed. Consequently, there are opinions that if tenants in areas where the jeonse market is exploding, when requesting a contract renewal, agreeing to increase the rent by more than 5% considering the propensity of the owner is another alternative. In the case of contract renewal with a rent higher than 5%, it is assumed that the tenant has not used the right to renew the contract, and the government can exercise the right to request the renewal once. As a tenant, instead of a ‘loss’ of paying more rent, there is also a ‘benefit’ that can extend the term of the jeon / month lease for two more years. Meanwhile, the Ministry of Land, Transport and Maritime Affairs and the Ministry of Justice recently published a new authoritative interpretation on whether or not a buyer can let the tenant out and into the house when buying a house with a tenant to live in. First, if the new owner completes the registration of the transfer of ownership before the tenant exercises the right to request the renewal of the contract, the tenant can reject the right to request the renewal of the contract based on her actual residence. However, if the tenant exercised the right to request the renewal of the contract from the former owner before the registration of the transfer of ownership, the owner cannot refuse to renew the contract even if the contract for the sale of the apartment was signed. Therefore, the old landlord and the new landlord have to sign a contract only when the tenant requests to vacate the house and the tenant agrees because the landlord changes during the contract stage and intends to live. In this case, if the tenant accepts the eviction, it is not possible to reverse the position and use the right to request the renewal of the lease. By Choi Jong-hoon, Staff Reporter [email protected]
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