Lessor's Rights
Requiring payment of rent
- The lessor has a right to require the lessee to pay rent (Article 618 of the Civil Act).
Requiring a rent increase
- If the stipulated rent or deposit becomes unreasonable due to an increase in taxes, public utility charges, and other charges on the leased house, or a change in economic circumstances during the term of a lease contract, the lessor can demand any increase thereof with consideration of future (The front part of Article 7(1) of the Housing Lease Protection Act).
Requiring return of the leased house
- The lessor can demand the lessee return the leased house at the time when the lease is terminated, requring the house to be restored to its original condition (Articles 615, 618 and 654 of the Civil Act).
Repairing the leased house when necessary
- The lessor can do maintenance on the leased house when necessary, which cannot be objected to by the lessee (Article 624 of the Civil Act).
Lessor's Obligations
Allowing the lessee to use and profit from the leased house
- The lessor is obligated to allow the lessee to use and benefit from the leased house (Article 618 of the Civil Act).
- In order for the lessee to use and benefit from the leased house, the lessor must hand over the house to the lessee and maintain the house in a proper condition while the lease is active (Article 623 of the Civil Act).
- As long as the lessor does not repair the leased house, the lessee may ① claim compensation for damage, ② refuse payment of the whole or part of the rent until the repair is completed, ③ demand that the rent be reduced by the proportion of the unusable or unprofitable portion of the house, or ④ rescind the lease contract if the remaining part of the house does not meet the lease's objectives (Article 627 of the Civil Act and
Supreme Court Decision, April 25, 1997, 96 Da 44778 and 44785).
Assuring convenience
- Upon handover, the lessor must ensure that the lessee can use and benefit from the leased house without any interruption (Articles 214 and 623 of the Civil Act).
Returning deposits