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As a lease nears its end, many tenants confuse "the contract was automatically extended" with "I requested a renewal." However, implied renewal and the tenant's right to request renewal are entirely different systems under Korea's Housing Lease Protection Act. Because whether the landlord can block the renewal depends on which one applies, it is important to tell them apart.

[Contents]

1. What is implied renewal?

2. What is the right to request renewal?

3. The key difference — how far a landlord can block renewal

4. Notice of termination after renewal

5. How Cheongchul Law Firm can help

What is implied renewal?

If the landlord does not give notice of refusal to renew or of changed terms between 6 months and 2 months before the lease expires, and the tenant likewise says nothing until 2 months before expiry, the contract is automatically extended on the same terms. This is implied renewal, and the extended lease is treated as having a term of 2 years. However, implied renewal does not arise if the tenant has been in arrears on rent or has seriously breached the tenant's obligations.

What is the right to request renewal?

The right to request renewal is the tenant's right to expressly ask the landlord to renew the contract. The tenant may exercise it between 6 months and 2 months before expiry, and only once per lease. The landlord cannot refuse the request unless a statutory ground for refusal exists.

The key difference — how far a landlord can block renewal

The biggest difference lies in how far the landlord can block the renewal. With implied renewal, the landlord can prevent the automatic extension by giving a proper, timely notice of refusal in advance. But once the right to request renewal is lawfully exercised, the landlord cannot unilaterally refuse it unless a statutory ground exists. In other words, "an extension that happened because neither side said anything" and "a renewal the tenant actively requested" have different effects.

Notice of termination after renewal

In both cases, once the lease has been renewed the tenant may give notice of termination at any time. Such notice takes effect 3 months after the landlord receives it.

How Cheongchul Law Firm can help

Whether your contract is an implied renewal or an exercise of the right to request renewal changes whether the landlord may refuse and how long the term runs. If you are facing a dispute over lease renewal or termination, Cheongchul Law Firm will review the timing of notices and the facts of your case and advise on the best course of action.

This post is provided for general legal information only and does not constitute legal advice on any specific matter. Outcomes depend on the facts of each case, so please consult an attorney.