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Housing Lease Protection Act — Article 6-3 (Request for renewal of contract)

주택임대차보호법 제6조의3

(1) Notwithstanding Article 6, where a lessee requests the renewal of a contract within the period prescribed in the former part of Article 6(1), a lessor shall not refuse the request without good reason; provided, the same shall not apply to any of the following cases:

1. Where the lessee has been in arrears with a rent equivalent to an amount of two months' rent;

2. Where the lessee has entered into a lease by fraud or other improper means;

3. Where the lessor has provided the lessee with substantial compensation by mutual consent;

4. Where the lessee has subleased all or part of the intended house without the consent of the lessor;

5. Where the lessee has caused damage to all or part of the leased house by intention or gross negligence;

6. Where the purpose of the lease is not fulfilled because all or part of the leased house has been destroyed;

7. Where the occupancy of the intended house needs to be recovered in order for the lessor to demolish or reconstruct all or part of such house on any of the following grounds:a. Where, at the time of entering into the lease contract, the lessor notifies the lessee of a plan for demolition or reconstruction specifically including the time and required period of the relevant construction and complies with the plan;b. Where a safety accident is likely to occur as the building is old, damaged, partially destroyed;c. Where demolition or reconstruction is conducted pursuant to other statutes or regulations;

8. Where the lessor (including his or her lineal ascendants and lineal descendants) intends to actually reside in the intended house;

9. Where the lessee has seriously failed to fulfill the obligations as a lessor or has significant reasons making it difficult to continue the lease.

(2) A lessee may exercise the right to request the renewal of a contract under paragraph (1) only once. In such cases, the term of a renewed lease shall be deemed two years.

(3) A renewed lease shall be deemed entered into under the same conditions as those of the former lease; provided, a rent and deposit may be increased or decreased within the extent under Article 7.

(4) Article 6-2 shall apply mutatis mutandis to the termination of a lease to be renewed pursuant to paragraph (1).

(5) Where a lessor leases the intended house to a third party without good reason before the expiry of the term which would have been renewed if the request for renewal had not been refused, despite of the refusal of renewal on the ground prescribed in paragraph (1)8, he or she shall compensate for the loss suffered by the lessee due to such refusal.

(6) The amount of compensation for loss referred to in paragraph (5) shall be the greater of the following amounts, unless an agreement is reached between the parties concerned on the scheduled amount of compensation at the time of refusal:

1. An amount equivalent to three months' monthly rent paid at the time of the refusal of renewal (where a deposit other than the rent exists, including an amount obtained by converting the deposit into a monthly rent based on the lower of the rates referred to in the subparagraphs of Article 7-2; hereinafter referred to as "converted monthly rent");

2. An amount equivalent to two years' amount of the difference between the converted monthly rent that the lessor obtains by leasing the house to a third party and the converted monthly rent at the time of the refusal of renewal;

3. The amount of loss suffered by the lessee due to the refusal of renewal on the ground under paragraph (1)8.[This Article Added on Jul. 31, 2020]

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