인간다운 주거의 보장: 임대주택의 주거적합성을 중심으로

Habitability issues in rental properties can significantly affect tenants’ quality of life. Tenants have the right to safe and sanitary living conditions, as mandated by the FRAMEWORK ACT ON RESIDENCE. If landlords fail to address issues such as plumbing problems, heating deficiencies, or pest infestations, tenants can pursue various remedies. These include withholding rent, or seeking legal action through small claims court. Exploring foreign legislation provides insight into the detailed processes and resources available for improving tenant rights and remedies. In England a dwelling is considered to be fit if it is safe, healthy, and free from things that could cause serious harm. The Homes (Fiteness for Human Habitiaton) Act 2018 defines the rights of the tenant and the obiligations on the landlord in order to prevent unfit housing. Under the Act, the Landlord and Tenant Act 1985 was amended to require all landlords to ensure that their properties are fit for human habitation at the beginning of the tenancy and throughout. In French tenancy law, the landlord is required to provide the tenant with a decent dwelling free of obvious risks that could affect the physical safety or health of the tenant. In the event of finding unfit housing issues, the tenant may take the matter to the district court to compel the landlord to carry out the work, subject to a fine and a reduction in rent if necessary. In Korea there is a need for broader regulatory intervention which can help address the shortcomings of the contractual approach by introducing measures for public intervention.