주택임대차보호법상의 문제점 분석

Abstract

The continuous increase in the long-term lease price in the recent years is becoming a significant risk factor in residential stability for ordinary citizens. Although measures taken from the perspective of controlling supply and demand of residential dwellings to resolve long-term lease difficulties may be a fundamental solution, it requires a certain amount of time to take effect. However, the current situation has arrived at a point in which long-term lease difficulties cannot be neglected any longer. Thus, the Housing Lease Protection Act must be immediately revised to enhance residential stability of ordinary citizens and to prevent and alleviate long-term lease difficulties and the rapid increase of long-term lease fees. The revisions to be made in the Housing Lease Protection Act is, first, upon establishing cause, tenants should be able to lease for a maximum of four years by exercising their renewal claim once within the two year limit, after the termination of the two year limit provided by the Housing Lease Protection Act. Second, the increase rate of rental fees should be limited to a fixed rate (5%). Third, return of rental fees paid in excess or claims for large sums of security deposits should be allowed when violations for the previous matters occur. Once lease is available for a maximum of four years, it will not only aid in the residential stability of tenants, but will alleviate the rapid increase in long-term lease fees and difficulties by dispersing demands for residential dwellings. Additionally, considering the fact that the elementary, middle, and high school system in Korea is respectively six years, three years, and three years, the maximum protection period (two years) of lease under the current Housing Lease Protection Act is unrealistic and revision is accordingly required.