[ad_1]
Hankyoreh Material Photo
Q1. After the tenant requests the renewal of the contract, cannot the renewal be rejected for reasons of actual residence? A1. If the tenant has legally requested the renewal of the contract between 6 months and 1 month before the expiration of the contract, the landlord can refuse to renew the renewal if there is a legitimate reason to refuse the renewal. Among the reasons for refusal of renovation, there are cases when the owner or her children or parents really want to live.
What is the “royal residence” is a matter of fact. What if the landlord owns a home, but due to work circumstances, lives in a city where he works and rents the house he owns to the current tenant? If you express your intention to terminate the lease without renewing the lease to the owner of the house where the landlord lived, and show it on the basis of this, you can show that you live in your own home and live. In addition, if there is a contract for the sale of the house where the landlord lived or if there is a situation in which the landlord has to vacate the house where the landlord currently lives by renting the house in which he lived, the lease will also work. as proof of “ royal residence ”. How about living in your children? If your child is getting married while you are married, but you do not have sufficient funds and want to live in a rental home owned by the parent-owner, you must show that the child is getting married (for example, documents related to living room reservations of weddings, wedding invitations, etc.) You can claim and show that you need a home to live. “Why do I have to explain and demonstrate that when I enter my house and live?” You may feel annoyed. However, since the revised Housing Lease Protection Law gave the tenant the right to request renewal in order to ensure the renewal of the contract, in order to refuse the exercise of such rights and obtain the name of the house, the landlord, his son or his parents would like to live We believe that the landlord should be able to show that there is a good reason to refuse the renovation. For example, if the landlord rejects the tenant’s renewal request, saying that the landlord lives in a medium-to-large-sized expensive apartment in Jamsil, Seoul, and his son also attends a nearby high school, without any special circumstances, the owner refuses to apply for renovation, saying he will live in an apartment in Ilong-gu, Goyang-si. It will be hard to believe. If the landlord refuses to apply for renovation to live in a small one-bedroom rental apartment after leaving his own high-priced 3-bedroom house, or if the landlord’s job is in Busan, he will live in a multi-family house in Hwaseong , Gyeonggi-do. It will be difficult to show that you will live. Therefore, the reason for the royal residence must be a case that can be demonstrated in the light of objective circumstances.
Q2. If the tenant requests the reason for the actual residence, how long must the landlord provide the reason for the refusal of the renewal? A2. The reason for ‘if you want to live’ is that the tenant must be there at the time the tenant exercises the right to renew the lease as described above. However, the revised Housing Lease Protection Act currently in force does not specify the period within which the landlord must express its intention to refuse renewal. However, considering the purpose of re-establishing the right to request renewal, it is considered desirable to express the intention to deny the renewal within a considerable period of time, as it should not inconvenience the tenant who applied for the renewal for a long time. Legislatively, it would be desirable for the landlord to reject the renewal specifying the legal reasons for the denial of the renewal within two weeks or at least one month from the date the tenant exercised the right to request the renewal.
Q3. If my son is not married, does not work and is independent, how do I have to prove that I live? What if the landlord can’t prove he lives? A3. Normally, if a child leaves his parents and arranges an independent residence, the circumstances will be those of the child. For example, admission to a university located in a city other than where the parents live and the child’s employment or marriage are typical examples. Also, even in the same city, if you have reached the age and economic circumstances that require independent residence in light of the minor’s age and occupation, you can still argue that the landlord’s child is actually going to live. However, considering the current situation in Korean society, it may not be easy to prove the reason for the refusal of renewal because a boy in his twenties and twenties is trying to become independent from admission to college, marriage, or college. unemployment. Objectively, it is important to note that there is a possibility that proof of the reason for refusal of renovation will not be successful if there is no reason for the child to enter the rental housing and live independently. For example, if the daughter of an owner who lives near Ahyeon Station in Mapo-gu, Seoul is a sophomore (20 years old) at Konkuk University in Seoul, and the distance from the owner’s house to Konkuk University it’s only 30 minutes on subway line 2, the owner is Seoul. A two-room multi-family house near the Banghwa-dong Airport Market Station (when the travel distance to Konkuk University is more than an hour and it is necessary to change the subway several times), the tenant refuses to apply for renewal and the daughter of a sophomore college student will live there. If so, it will be difficult to prove the reason for the refusal of the renewal by the owner for objective reasons. However, the son of a father who lives in Songdo, Incheon, is currently attending Korea University. He got a rented house near the university for his son and bought a small apartment near the university with the purpose of living and investing in the future. In the case of receiving a renewal application from the tenant who lived in the landlord, the landlord refused to renew the application in the sense that the child’s college and current neighborhood live on a monthly rent, and the contract period almost ends and that the son needs a place to live. If a reason has been provided, that reason can be recognized as a legitimate reason to deny renewal. The landlord’s son who resides in Suwon, after completing his PhD program at KAIST Graduate School, is trying to move to Suwon at age 30 working at a research institute in Korea, but is not yet married, but expresses your intention to live independently of your parents. If you are able to live independently and have lived independently from your parents for more than 7 years since your master’s degree in graduate school, you may be able to refuse renewal if the landlord rejects the tenant’s renewal application and discloses such circumstances. Therefore, if it is true that you want to live, you can legitimately refuse the renewal by revealing the facts.
Q4. If the tenant determines that the actual residency verification data is insufficient and exercises the right to request renewal, can the landlord not live? A4. If the landlord requests a renewal of the contract and the landlord does not adequately prove the reason for the refusal of the renewal, the contract is considered renewed. Therefore, in this case, the tenant does not have to evict the rental housing from the owner. For example, initially the landlord asked for a 10% increase in the rent, but the tenant asked for a renewal of the lease and said they could only raise it to less than 5%. Then the landlord insisted on rejecting the renovation for the sale of the house. For example, if the reason for refusing renewal to live keeps changing. First of all, it means that the landlord himself said there is no reason to live because the landlord already asked for a rent increase in the first place. Also, ② the landlord has repeatedly disclosed that if the rented home was going to be sold, the landlord had no reason to enter the home and live. ③ However, if the landlord reverses this and states that he will enter the house and live, there are circumstances that may suspect the veracity of the reason for the refusal to renew. In this way, if the reason for the denial of the tenant’s actual residence purpose renewal is not justified or difficult to prove, the tenant has made a renewal request within the renewal application period and the lease can be considered renovated. Therefore, in such a case, the landlord is honestly consulted on the matter of the rent with the tenant instead of filing a lawsuit to claim a name that cannot be exceeded, and the rent is agreed within the increase rate of 5 % allowed by law. It would be better. 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.
[ad_2]
