주택임대차보호법상 법적 쟁점과 개선 방안에 대한 소고

Abstract

While a lease contract is a civil relationship between private parties, the importance of residential stability, the unique characteristics of the domestic housing market, and the protection of tenants necessitate state intervention based on the special law of the Civil Code, the Housing Lease Protection Act. The original Housing Lease Protection Act was primarily focused on protecting the lease deposit, considering the social conditions at the time of its enactment. However, it has been gradually amended to stabilize the housing market and preserve the foundation of the national economy. Recently, the law has evolved to include the introduction of the right to request contract renewal and the regulation of rent increase limits. Nevertheless, during this process, issues of fairness have continuously arisen, particularly concerning whether reasonable protection is provided to both parties of the lease contract, the tenant and the landlord. There is ongoing debate about whether the emphasis on tenant protection infringes on the landlord’s fundamental property rights. Additionally, the achievement of the Housing Lease Protection Act’s fundamental objective of ensuring the stability of the tenant’s living environment remains uncertain, and there are concerns that landlords’ rights are ambiguously restricted. This underscores the need for review and reassessment. One of the main amendments to the Housing Lease Protection Act is the extension of the lease contract duration due to the tenant’s right to request renewal. While this aims to provide stability to the tenant’s living situation in the short term, it is questionable whether it benefits tenants in the long term, especially when considered alongside other tenant protection measures such as the rent cap system. Moreover, the ambiguity surrounding the landlord’s right to refuse renewal based on “actual residence” does not enhance legal stability for either party. Therefore, it is crucial to establish clear and specific standards.