미국 주택임대차제도에 관한 소고 -통일주택임대차법을 중심으로-

Residential leases are common worldwide, and analyzing the residential lease systems from comparative law perspective provides valuable insights into the current state and potential improvements of Korea’s system. This paper focuses on the Fair Housing Act and the Revised Uniform Residential Landlord and Tenant Act (2015) of the United States (the “RURLTA”) to explore its implications for Korea. First, the United States has enacted the Fair Housing Act, which prohibits discrimination in rental housing based on race, color, religion, sex, and other protected characteristics. As Korea becomes a “super-aged” society, age-based discrimination in residential leasing may emerge as a pressing social issue. Therefore, legislation similar to the Fair Housing Act—aimed at preventing discrimination in rental housing—should be considered in Korea. Second, the RURLTA imposes specific obligations on landlords, including the requirement that rental housing be habitable. In Korea, the issue of habitability has primarily been addressed within the realm of public law. However, since disputes over housing conditions often result in civil litigation between landlords and tenants, it is essential to incorporate the concept of habitability into civil law and further develop corresponding legal principles. Third, the RURLTA recognizes a tenant’s right to withhold rent if the rental property is not habitable. This has, in some cases, led to retaliatory actions by landlords, such as rent increases, refusal to renew leases, or eviction notices. In response, the RURLTA includes provisions prohibiting such retaliation and offers legal protections for tenants. If Korea adopts similar standards of housing habitability, it must also consider implementing safeguards against landlord retaliation. Fourth, the RURLTA allows tenants who are victims of domestic violence or stalking to terminate their lease agreements without the landlord’s consent. This provides an important layer of protection for vulnerable tenants and is a provision worth considering in the Korean context as well. Fifth, the RURLTA allows landlords to require an additional security deposit when a tenant keeps a pet. However, this right may be limited by other laws governing a disabled tenant’s right to keep a service animal. As the number of households with pets has rapidly increased in Korean society, introducing provisions in tenancy laws regarding the obligation to disclose pet ownership and the right to request additional security deposits could help prevent disputes related to pets in rental housing.