Whether your lease continues, and at what price, depends on who gives notice and when. If neither side speaks up in time, the lease renews on the same terms for two years. If you ask for a renewal in time, the landlord can refuse only on grounds the law lists, and any increase is capped at 5%.
This guide covers both routes under the Housing Lease Protection Act (주택임대차보호법) and the grounds for refusal. It also covers the cap on increases and the separate limit on converting a deposit into monthly rent. The rules here come from the Act and its Enforcement Decree, with the Korean terms that appear on the standard contract.
How a lease renews when nobody says anything
Rules verified September 2026 · Housing Lease Protection Act, Article 6 · Article 6-2
Article 6 sets two notice windows. The landlord must give notice between six months and two months before the lease ends. The tenant must give notice by two months before the end. If neither does, the lease is treated as renewed on the same terms. This is called an implied renewal (묵시적 갱신).
| Point | Rule |
|---|---|
| Landlord’s notice window | Six months to two months before the end: refuse, or offer changed terms |
| Tenant’s notice deadline | Two months before the end |
| If nobody gives notice | Renewed on the same terms, for two years |
| Tenant leaving early | Notice at any time. It takes effect three months after the landlord receives it |
| Landlord leaving early | Not by notice alone. Annex 1 of the standard contract requires an Article 7 ground, such as rent arrears of two payments, or the tenant’s agreement |
| Who is excluded | A tenant who let rent arrears reach two payments, or seriously broke a tenant’s duties |
The three-month rule is the one to plan around. Annex 1 of the standard contract says only that a tenant may end an implied renewal at any time. Article 6-2 (2) of the Act adds that the notice takes effect three months after the landlord receives it.
How your renewal request works
Article 6-3 gives the tenant a right to request a renewal (계약갱신요구권). You make the request in the same window as the landlord’s notice: six months to two months before the lease ends. The Act sets no special form for the request.
An implied renewal or a new contract by agreement does not use up the request. Annex 1 of the standard lease contract states this directly, so the right stays available for a later lease period.
When the landlord can refuse a renewal
Article 6-3 (1) lists nine grounds. Annex 2 of the standard contract prints the same nine as tick boxes on a refusal notice (계약갱신 거절통지서). The notice takes effect when it reaches you.
| No. | Ground |
|---|---|
| 1 | Rent arrears have reached two payments |
| 2 | The tenant got the lease by lying or other fraud |
| 3 | Both sides agreed, and the landlord paid fair compensation |
| 4 | The tenant sublet all or part of the home without consent |
| 5 | The tenant damaged the home on purpose or through gross negligence |
| 6 | All or part of the home was destroyed, so the lease cannot serve its purpose |
| 7 | Demolition or rebuilding, if it was explained at signing, if the building is unsafe, or if another law requires it |
| 8 | The landlord, or a lineal ascendant or descendant of the landlord such as a parent or child, will actually live there |
| 9 | Another serious breach, or a serious reason the lease cannot go on |
Ground 8 carries a check. Suppose the landlord refuses on this ground, then leases the home to someone else without a just reason. If that happens before the renewed term would have ended, the landlord must pay damages (Article 6-3 (5)).
Unless the two sides agreed an amount in advance, Article 6-3 (6) sets the damages as the largest of three sums. The first is three months of converted rent at the time of refusal. The second is two years of the gap between the new converted rent and the old one. The third is your actual loss.
You can check whether the home was leased again. Under Articles 5 and 6 of the Enforcement Decree, a former tenant refused on ground 8 may ask a fixed-date office for the lease record. The record covers the period the renewal would have run. The landlord’s and new tenant’s names are included; other personal details are not.
How much the rent or deposit can go up
Rule verified September 2026 · Housing Lease Protection Act, Article 7 · Enforcement Decree, Article 8
Article 7 lets either side ask for a change in rent or deposit when taxes, charges or economic conditions make it unfair. An increase has two limits, and the same limits apply when you renew through your request.
| Limit | Rule | Example |
|---|---|---|
| Size | No more than 1/20 (5%) of the current rent or deposit | Deposit 100,000,000 KRW: up to 5,000,000 KRW more. Rent 500,000 KRW: up to 25,000 KRW more |
| Timing | Not within one year of the contract or the last increase | An increase agreed in March cannot be followed by another before the next March |
| Local rule | Seoul, a metropolitan city or a province may set a lower cap by ordinance | Check the ordinance of your city or province |
If you already paid more than the limits allow, Article 10-2 lets you claim the excess back. Article 10 also voids any term that breaks the Act to the tenant’s disadvantage. A term that goes past the cap falls under that rule.
What limits turning a deposit into monthly rent
Rate verified September 2026 · Housing Lease Protection Act, Article 7-2 · Enforcement Decree, Article 9 · Bank of Korea base rate
When all or part of a deposit is turned into monthly rent, Article 7-2 caps the rate used for the conversion. The rate is the lower of two numbers set in Article 9 of the Enforcement Decree.
| Measure | Rate |
|---|---|
| Fixed rate | 10% a year |
| Bank of Korea base rate plus 2 percentage points | 3.00% + 2% = 5.00% a year (base rate 3.00% since 27 August 2026) |
| Cap in use now | 5.00% a year, the lower of the two |
Worked through: converting 10,000,000 KRW of deposit at 5% gives 500,000 KRW a year. Divided by 12, that is about 41,666 KRW a month at most.
The Bank of Korea reviews the base rate eight times a year. When it changes, the cap moves with it, so check the rate on the day of the conversion.
What paperwork follows a renewal
A renewal is not only a matter between you and the landlord. Two records may need updating.
| If | Then | Rule |
|---|---|---|
| Only the term is extended, money unchanged | No lease report is needed | Reporting Decree, Article 4-3 (1) |
| Deposit or rent changes, in a reporting area, over the reporting amounts | Report within 30 days. The report states whether the renewal request was used | Reporting Act, Article 6-2 · Rule, Article 6-2 (1) 5 |
| The deposit goes up | Get a new fixed date for the added amount | Standard contract, Annex 1 |
The standard contract has a box for this situation too. On page one, one of the contract types is a renewal through the tenant’s request under Article 6-3. It comes with space for the previous term, deposit and rent.
Frequently asked questions
Official sources
Every rule here comes from the pages below. Laws and rates change, so open the page before you act on it.