HOUSING LEASE PROTECTION ACT
Act No. 4188, Dec. 30, 1989
Act No. 3379, Mar. 5, 1981
Amended by Act No. 3682, Dec. 30, 1983
Act No. 4188, Dec. 30, 1989
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| Article 1 (Purpose) |
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The purpose of this Act is to secure stability in the residential life of national citizens, by providing for special excepts to the Civil Act, with respect to the lease of buildings for residence.
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| Article 2 (Scope of Application) |
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This Act shall apply to a lease of the whole or part of the building for residence (hereinafter referred to as the “house”). This provision shall also apply in the case that a part of a leased house is used for any purpose other than residence.<Amended by Act No. 3682, Dec. 30, 1983>
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| Article 3 (Opposing Power, etc.) |
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| (1) | Even though it is not registered, if the lessee has completed a delivery of house and the resident registration, the lease shall take effect against the third person from the following day thereof. In this case, the resident registration shall be considered to have been made at the time of the moving-in report. |
| (2) | The transferee (including the person who has succeeded to the right to lease) of a leased house shall be deemed to have succeeded to the status of the lessor. <Added by Act No. 3682, Dec. 30, 1983> |
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| Article 3-2 (Recovery of Deposit) |
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| (1) | Any lessee who has met the requirements for opposing power as prescribed in Article 3 (1) and the fixed date, shall be entitled to receive the repayment of the deposit from the converted price of the leased house (including the site thereof), in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Procedure Act and the Auction Act, and a public sale as prescribed by the National Tax Collection Act; Provided, That if the lessee is able to enforce the lease against the transferee of the house, he shall not claim a preferential repayment of the deposit, unless the lease is terminated. |
| (2) | Lessee shall not be permitted to receive the deposit as provided in paragraph (1) without delivering the leased house to the transferee thereof. |
| (3) | Any interested person who has any objection to the order in the preferential repayment and the deposit, as provided in paragraph (1), may file an objection with the court of auction or the agency which has ordered the disposition for arrears. |
| (5) | If the interested person establishes that he has instituted a lawsuit against the lessee within seven days after filing the objection, the agency which has ordered the delinquent disposition, shall, upon receiving the objection under paragraph (3), withhold the repayment of the deposit to the lessee to the extent that the objection is filed, until the lawsuit is closed, and distribute the balance. In this case, the withheld deposit shall be distributed in accordance with the result of the lawsuit. |
[This Article Added by Act No. 4188, Dec. 30, 1989]
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| Article 4 (Term of Lease, etc.) |
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| (1) | With respect to a lease, the term of which is not fixed, or is fixed for less than two years, the term of such lease shall be deemed to be two years. <Amended by Act No. 4188, Dec. 30, 1989> |
| (2) | Even though the lease is terminated, the lease shall be deemed to continue until the lessee has received the repayment of the deposit. <Added by Act No. 3682, Dec. 30, 1983> |
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| Article 5 Deleted.<by Act No. 4188, Dec. 30, 1989> |
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| Article 6 (Renewal of Contract) |
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| (1) | If the lessor fails to notify the lessee of a refusal of the renewal, or to give notification to the lessee to the effect that he would not renew the contract without any change in the condition, six months to one month before the term of the lease expires, the lease shall be deemed to have been renewed under the same conditions as the former one at the time the term expires. In this case, the term of the lease shall be deemed not to be fixed. |
| (2) | With respect to a lessee who has failed to pay the rent by up to two installments thereof, or who violates remarkably the obligations under the lease contract, the provisions of paragraph (1) shall not be applicable. |
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| Article 7 (Request for Increase or Decrease of Rent, etc.) |
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If the stipulated rent or deposit becomes unreasonable due to the increase or decrease of taxes, public charges and other burdens on the leased house, or a change in the economic circumstances, the parties may demand any increase or decrease thereof of each other in the future: Provided, That in the case of an increase, it shall not exceed the ratio established pursuant to such criteria as provided by the Presidential Decree.
[This Article Added by Act No. 3682, Dec. 30, 1983]
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| Article 8 (Protection of Specified Amount of Deposit) |
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| (1) | The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. In this case, the lessee shall satisfy the requirements as provided in Article 3 (1) before the application for an auction on the house is registered. |
| (2) | The provisions of Article 3-2 (1)(proviso), and (3) through (5) shall apply mutatis mutandis in a case as provided in paragraph (1). |
| (3) | The scope of, and the criteria for the specified amount of the deposit, and the lessee who is entitled to receive a preferential repayment under paragraph (1), shall be as prescribed by the Presidential Decree under the limitation of a half of the house price (including the price of the site). |
[This Article Wholly Amended by Act No. 4188, Dec. 30, 1989]
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| Article 9 (Succession to Right of Lease of House) |
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| (1) | If the lessee dies without a person having the right of inheritance, the person who has a de facto marital relationship and has lived together with the lessee as a member of the family at his house, shall succeed to the rights and obligations of the lessee. |
| (2) | In the case that the lessee is dead, if the person having the right of inheritance has not lived together with the lessee as a member of the family at his house, the person having the de facto marital relationship with the lessee, and the relatives within the second degree of relationship therewith, who have lived together with him at his house, shall jointly succeed to the rights and obligations of the lessee. |
| (3) | In the cases as provided for in paragraphs (1) and (2), if an opposite intention is expressed to the lessor within one month after the lessee has died the provisions of the said paragraphs shall not be applicable. |
| (4) | In the cases as provided for in paragraphs (1) and (2), any obligation created by the relation of lease shall be reverted to the person who has succeeded to the rights and obligations of the lessee. |
[This Article Added by Act No. 3682, Dec. 30, 1983]
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| Article 10 (Mandatory Provisions) |
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Any agreement contrary to this Act and unfavorable to the lessee shall be ineffective.
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| Article 11 (Lease for Temporary Use) |
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If it is obvious that the lease is for a temporary use, this Act shall not be applicable.
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| Article 12 (Application to Unregistered Lease of House on Deposit Basis) |
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This Act shall apply mutatis mutandis to a contract for lease of a house on a deposit basis, which is not registered. In this case, the term “money for lease of a house on a deposit basis” shall be read as the term “deposit for lease”.
[This Article Added by Act No. 3682, Dec. 30, 1983]
ADDENDA
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) This Act shall be applicable to any lease concluded or renewed after this Act enters into force: Provided, That the provisions of Article 3 shall be applicable even to a lease continuing at the time this Act enters into force, but ineffective to a third person who has acquired a real right in relation to the relevant house before this Act enters into force. |
ADDENDA<Act No. 3682, Dec. 30, 1983>
| (1) | (Enforcement Date) This Act shall enter into force on January. 1, 1984. |
| (2) | (Principle, of Transitional Measures) Except as otherwise provided in this Act, the provisions of this Act shall also be applicable to any matters which have taken place before this Act enters into force. Provided, That it shall not affect the effect created pursuant to the previous provisions. |
| (3) | (Transitional Measures concerning Request for Increase of Rent, etc.) The revised provisions of the proviso of Article 7 shall not be applicable, if an increase of the rent is requested before this Act enters into force. |
| (4) | (Transitional Measures concerning Protection of Small Deposit), The revised provisions of Article 8 shall not be applicable to any person who has acquired the security rights in the leased house, before this Act enters into force. |
ADDENDA<Act No. 4188, Dec. 30, 1989>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Existing and Continuing Lease) Except as otherwise provided, this Act shall be applicable to existing and continuing leases at the time this Act enters into force. |
| (3) | (Transitional Measures concerning Persons having Security Rights) Any person who has acquired any security right in a leased house before this Act enters into force shall be subject to the previous provisions. |
| (4) | (Transitional Measures concerning Term of Lease) The term of lease which is existing and continuing at the time this Act enters into force shall be subject to the previous provisions. |
| (5) | (Transitional Measures concerning Small Deposit) Any case falling under the scope of the definition of small deposit as provided in the previous Article 8 at the time when this Act enters into force, shall be subject to the previous provisions. |
Last updated : 2009-07-26