주택임대차 관련 차임인상청구권에 관한 비교법적 검토 - 캐나다 온타리오주 법제를 중심으로 -

Abstract

According to the Korean Residential Housing Rent Protection Act, the lessor may have and exercise his/her right to increase the new rent by a maximum of 5% of the existing rent to reflect the changes in tax, charges, and/or economic situation. It is interpreted that the increase in rent will be valid upon the lessor's exercising the right, but also that it shall be reviewed and approved by the court in case of a dispute regarding the increase of rent between the lessor and the tenant. However, such interpretation caused legal issues regarding the ability to enforce the exercising of right provided by the law, the uncertainty of a reasonable criteria for the increase of rent, and the instability of the circumstances around the reimbursement of the rent illegally paid in prior. In this regard, it would be worth to research the Residential Tenancies Act of Ontario, Canada(‘Act’) (is this its real name?). The Act grants the lessor the right to increase the rent within the guidelines provided by a third party and allow the lessor and tenant to agree upon the increase of rent if the lessor makes capital expenditure to the leased premisses or provide additional service or facility. In the case that an agreement between lessor and tenant cannot be reached, it is also possible to increase the rent upon the approval of the third party if there is additional service or facility provided by the lessor. These legal arrangements are to provide the lessor the right to increase the rent as well as to control the additional increase in rent with the third party for a reasonable management of the conflict of interests between the lessor and tenant. In this regard, it would be necessary to research the Canadian legal arrangements carefully for the future legal arrangements of the increase of rent in Korea.