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Korea's Housing Lease Protection Act

⚖️ Law By CampusDown Wiki Editorial Team Last updated
Korea's Housing Lease Protection Act gives residential tenants special protections beyond the Civil Act to secure their housing and their often-large deposits.
Contents
  1. 1. Opposability and priority
  2. 2. Renewal right and precautions
  3. 3. FAQ
  4. 4. References

Opposability and priority

Once a tenant moves in and registers their address, they gain opposability from midnight the next day: even if the home is sold, the new owner must honor the lease and deposit. Getting a fixed date stamped on the contract adds priority repayment, so if the home goes to auction, the tenant is repaid before later creditors. Small-deposit tenants get top-priority repayment of part of their deposit.

Renewal right and precautions

Since 2020 tenants can use a one-time renewal right for two more years (2+2), with rent increases capped at 5%. Landlords who refuse without a valid reason, like moving in themselves, may owe damages. Before signing a jeonse lease, check the property registry for mortgages, verify the landlord's tax status, and consider deposit-return insurance. If a deposit isn't returned, use a certified letter, a lease registration order, and a payment order. General information only.

FAQ

Is resident registration alone enough?
It gives opposability, but you need a fixed date for priority repayment at auction.
I need to move but haven't gotten my deposit back.
File for a lease registration order; once registered, you keep your rights after moving.

Sources reviewed: 2026-10-26

References

  1. 「주택임대차보호법」 제3조·제3조의2·제6조의3·제7조·제8조.
  2. 법무부·국토교통부. 『주택임대차보호법 해설집』.
  3. 대한법률구조공단. 『주택임대차 분쟁 사례』.

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This article was last updated on October 26, 2026. It is based on widely recognized original works and textbooks; when citing it in a paper, please check the original sources listed in the references.