주택임대차보호법상 계약갱신에 관한 고찰

The Housing Lease Protection Act was amended in 2020 for the stability and protection of lessee’ housing. For example, an upper limit of 5% was stipulated in the case of an increase in monthly rent(deposit cap) or the right to renewal lease was newly established. There are no major problems with renewal leasel request right system and the grounds for refusal of renewal lease. However, the subject of actual residence under Article 6-3 (1) 8 should be amended to include the spouse of the lessor and the lineal ascendants and lineal descendants of the spouse. Also, in the case of violation of Article 6-3 (1) 8, it is desirable to amend the landlord’s liability to not be liable for damages if the landlord’s residence period is about one year, and it is desirable to delete paragraph 6 (2). Regarding the monthly rent ceiling system, I think that it is the key to presenting a standard for the maximum increase ceiling rate that members of society can understand as much as possible in order for this system to receive support. In this regard, the fact that major advanced countries are limiting the rate of increase in connection with the consumer price index, cost of living index, construction cost index, and regional comparative rents, etc. may be a suggestion for us. According to the legal system of lease termination, which is renewed in response to the lessee’s request for renewal, even if the lease term is extended by two more years in response to the lessee’s request for renewal, at any time during the extended two-year period, the lessee may unilaterally give notice of termination due to his/her own circumstances. And the contract must be terminated after 3 months. This is excessive protection for the lessee, and it is considered to have significantly lost the balance of rights as a harsh treatment for the lessor. In addition, it is a regulation that goes against the principle of good faith, which is a general principle of the civil law. Therefore, it is desirable to delete this provision.