개정 주택임대차보호법상 갱신요구권에 관한 몇 가지 쟁점

Abstract

Under the existing Housing Lease Protection Act, the social problems of housing costs have not been solved, such as housing instability caused by the short-term lease and the reduction of households' disposable income due to frequent rent price hikes. Accordingly, the Housing Lease Protection Act was revised, and the above revised Act introduced the upper limit on the previous month's tax, which limits the tenant's right to renewal lease and the ratio of claims for an increase in rent or deposit when renewing a lease contract. However, in the interpretation and application of contract renewal requests under the revised Housing Lease Protection Act, whether the application of Article 2 of the Schedule violates the provision of retroactive legislation; The meaning of 'lending in existence' as applicable; the effect of the renter's refusal to renew prior to the enforcement of the Act; Does the interpretation and application of the reasons for refusal to renew the term 'when the lessee actually resides in the intended house include 'the spouse's lineal ascendant'; How does it affect the tenant's right to request renewal if the tenant transfers the intended house to a third party during the lease's existence; In the event that the lessee has already entered into a renewal contract with the current tenant before the contract expires, the issue may still be whether the lessee exercises the right to renew the contract based on the implementation of the revised law, nullifies the increase in excess of 5%, or requests the return of the part of the contract. In order to enhance the effectiveness of the right to renewal lease and the upper limit on monthly rent, and to contribute more to the stabilization of national housing, the application and interpretation of the above revised Housing Lease Protection Act should be discussed. First of all, it would be desirable to expand the right to renewal lease. The reason for the renter's legitimate refusal to exercise the right to renewal lease and the legal damages system should be continuously improved. The right to renewal lease shall be applied in common nationwide, but regional characteristics shall be taken into account for the upper limit of rent increase claim. It will be said that the government needs to revitalize the lease dispute settlement system, and that it needs to be supplemented by drawing up measures to enhance its effectiveness, such as introducing mediation totalitarianism.