Civil petitions & documents

Writing a Housing Lease Renewal or Extension Contract — Renewal Request Deadline and 5% Increase Cap

A housing tenant may request renewal from 6 months to 2 months before the lease term ends; this right can be used only once, and the renewed term is deemed to be 2 years. Increases in the deposit or rent on renewal cannot exceed 1/20 (5%) of the agreed amount, so it is important to check the deadline and terms and record them accurately in the renewal contract.

Procedure

Procedure type
  • Drafting Difficulty Low

    Work completed by drafting documents such as contracts, certified letters or statements of fact, without review by a government authority.

  1. 1. Check the expiry date and how the lease is renewed

    Calculate the period from 6 months to 2 months before the expiry date in the existing contract. If the landlord gives no notice of refusal or changed terms in this period, the lease is deemed renewed on the same terms (implied renewal) with a term of 2 years (Housing Lease Protection Act, Article 6).

  2. 2. Decide whether the renewal request right is used

    If the tenant requests renewal within the period, the landlord cannot refuse without a statutory ground such as rent arrears of 2 periods, unauthorized subletting, or actual residence by the landlord or the landlord's lineal ascendants or descendants (Article 6-3, Paragraph 1). Since the right can be used only once, state clearly in the contract whether it is being used for this renewal (Paragraph 2 of the same Article).

  3. 3. Check the range for adjusting the deposit and rent

    A renewed lease is in principle on the same terms as before, and the rent and deposit may be adjusted within the range of Article 7 (Article 6-3, Paragraph 3). An increase cannot exceed 1/20 of the agreed amount and cannot be claimed within 1 year after the contract or the last increase (Article 7; Enforcement Decree, Article 8). Also check whether the city or province has set a lower cap by ordinance.

  4. 4. Draft the renewal contract

    Prepare the renewal contract covering the parties, the property, the renewed term, deposit and rent, whether the renewal request right was used, and special terms. If the amount changes, recording both the previous and new amounts provides a basis when the increase limit is checked later.

  5. 5. Check whether the lease must be reported

    A lease with a deposit over 60,000,000 won or monthly rent over 300,000 won must be jointly reported to the local reporting authority within 30 days from signing (Act on Report on Real Estate Transactions, Article 6-2). A renewal that only extends the term without changing the deposit or rent is excluded (Enforcement Decree, Article 4-3, Paragraph 1).

Required documents

  • No submission form (the renewal contract is a contract document drafted by the parties)
  • Original or copy of the existing housing lease contract
  • Copies of the landlord's and tenant's ID cards
  • Certificate of real estate registration (to confirm the owner)
  • Records of renewal request or refusal notices (text messages, certified mail, etc.)
  • Details of deposit and rent changes (if increased)
  • Housing lease contract report form (statutory form under the Enforcement Rule of the Act on Report on Real Estate Transactions, if reportable)

Fees

Administrative service fee
  • from KRW 500,000
All administrative service fees exclude 10% VAT.

Our office fee starts from the amount shown above and may vary depending on the special terms and whether lease reporting is included; we will give you an exact quote after reviewing your documents.

Legal basis and review date

  • Housing Lease Protection Act, Article 6
  • Housing Lease Protection Act, Article 6-2
  • Housing Lease Protection Act, Article 6-3
  • Housing Lease Protection Act, Article 7
  • Enforcement Decree of the Housing Lease Protection Act, Article 8
  • Act on Report on Real Estate Transactions, Article 6-2
  • Enforcement Decree of the Act on Report on Real Estate Transactions, Article 4-3

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • The renewal request right can be used only 1 time, so if the contract does not state whether it is an agreed renewal or an exercise of the right, a dispute may arise at the next expiry.
  • A renewal with a changed amount must be reported within 30 days from signing if it exceeds the reporting threshold.

Frequently asked questions

By when must the renewal request right be exercised?
It must be exercised from 6 months to 2 months before the lease term ends (Housing Lease Protection Act, Article 6-3, Paragraph 1 and Article 6, Paragraph 1). After this period, it is difficult to claim renewal through the request right.
How much can the deposit be raised on renewal?
An increase cannot exceed 1/20 (5%) of the agreed deposit or rent, and cannot be claimed within 1 year after the contract or last increase (Housing Lease Protection Act, Article 7; Enforcement Decree, Article 8). A city or province may set a lower cap by ordinance.
What happens if the expiry date passes without any contact?
If the landlord gives no refusal notice between 6 months and 2 months before expiry and the tenant gives no notice by 2 months before, the lease is deemed renewed for 2 years on the same terms (Article 6). In this case the tenant may give notice of termination at any time, effective 3 months after the landlord receives it (Article 6-2).
Can the landlord refuse renewal to move in personally?
Actual residence by the landlord or the landlord's lineal ascendants or descendants is a ground for refusal (Article 6-3, Paragraph 1, Item 8). However, if the landlord then leases the home to a third party without justifiable reason within the period that would have been renewed, the landlord must compensate the tenant's loss (Paragraph 5 of the same Article).
Must a renewal that only extends the term be reported?
A renewal that only extends the term without any change in deposit or rent is not reportable (Enforcement Decree of the Act on Report on Real Estate Transactions, Article 4-3, Paragraph 1). If the amount changes and the deposit exceeds 60,000,000 won or the monthly rent exceeds 300,000 won, report within 30 days.
Can an administrative agent draft the renewal contract?
Yes. Hwang Yunsang Administrative Office checks the expiry date and renewal request deadline, reviews the increase range, drafts the renewal contract and special terms, and prepares and submits the lease report.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.