Silent Renewal vs. Agreed Renewal in Korea
Why This Law Exists—And Who It Protects
In Korean law, a residential lease becomes valid when the landlord agrees to provide the use of a home, and the tenant agrees to pay rent. However, the Civil Code alone did not offer sufficient protection for tenants, who are often in a weaker position.
To address this, Korea enacted the Housing Lease Protection Act (주택임대차보호법), a special law that overrides any lease terms unfavorable to tenants—even if both sides agreed to them. This law is a one-sided mandatory rule (편면적 강행규정) that exists to protect tenants only, not landlords.
The original intent of the law was to protect Korean citizens. However, foreign tenants can also qualify for protection if they file a residence report (체류지 변경신고), which functions similarly to a move-in registration (전입신고) of locals. Once filed, the tenant receives the same protection as a Korean national.
The Act provides 6 key protections:
- Deposit and tenancy protection rights (대항력, 우선변제권)
- Minimum lease duration of 2 years (최단존속기간)
- One-time right to demand a 2-year renewal (계약갱신요구권)
- Automatic lease renewal if neither party gives notice (묵시적 갱신)
- Limits on rent increases (임대인의 임대료인상범위)
- Court-backed protection if the landlord refuses to return the deposit (임차권등기명령)
This post focuses on protections 2 through 4: lease duration, renewal rights, and what happens when no one speaks up at the end of the lease.
Minimum Lease Duration (최단존속기간)
Even if your written lease says "1 year," Korean law gives tenants the right to stay for 2 years unless the tenant voluntarily agrees to move out sooner.
This protection was designed to prevent landlords from offering short-term leases that can be easily terminated, which could destabilize the tenant’s living situation.
If both parties sign a 1-year lease, the tenant can choose to leave after 1 year—but the landlord cannot force them to. If the tenant wants to stay, the law treats it as a 2-year lease. (This is why many landlords are reluctant to sign 1-year contracts in the first place.)
Right to Request Renewal (계약갱신요구권)
Under the Housing Lease Protection Act, tenants have the legal right to unilaterally request a 2-year renewal — even if the landlord wants to end the lease—as long as this right hasn’t been used before and no legal exceptions apply (I will discuss the details later).
To exercise this right, you must officially notify your landlord between 6 months and 2 months (1 month for commercial leases) before the lease ends.
Think of it as a 60-day early action window—once you hit the 2 month countdown, the right disappears.
One-time, irrefutable ticket
You can only use this right once per lease relationship. After that, any future renewal must be by mutual agreement or silent renewal.
Even if the landlord does not wish to renew, they cannot legally refuse your request without valid legal grounds. However, they can raise the rent — but only up to 5 percent of the previous rate. Once both parties agree on the new rent, the renewal becomes valid.
The new lease agreement must clearly state that it is a renewal based on the tenant’s exercise of the Right to Request Renewal (계약갱신요구권). Be sure to confirm this clause with your agent to avoid any disputes later.
If you have already used your one-time renewal right and cannot agree on the new rent at the end of the renewed period, the landlord has the right to refuse another extension—and the tenant must vacate.
If the tenant initially says they do not want to renew, but then changes their mind, they can still exercise the renewal right—as long as they notify the landlord no later than 2 months before the lease ends.
Once you're past the 2-month deadline, however, that window closes for good.
Realtor Tip:
Timing is everything. If you stay silent past the 2-month mark, you lose this powerful one-time protection — and your landlord can legally refuse to renew.
Also, if the lease is renewed under the same terms, you do not need to register a new fixed date (확정일자). But if there was a rent or deposit increase, be sure to sign a new contract and register a new 확정일자 at the local community center to preserve your preferential repayment right (우선변제권).
Legal grounds for the landlord to refuse the renewal request include:
- The tenant has been late on rent for two full months or more
- The lease was obtained through fraud or deception
- The tenant has caused damage to the property
- The tenant sublet the property without consent
- The landlord or their immediate family plans to move in and live there
Note on #5 – When the Property Is Being Sold
If the landlord sells the property to a buyer who plans to move in and use it as their primary residence, that buyer can also use ground #5 to reject the renewal request.
However, for this to be valid, the ownership transfer (등기) must be completed at least 6 months before the lease ends.
So if you're a tenant and your landlord is selling the property, you should check whether a transfer has already occurred — because once the new owner is registered, they may be able to legally reject your renewal request based on their intent to move in.
Realtor Tip:
If you're notified that the property is being sold, don’t assume your lease will automatically carry over. Ask whether the new buyer intends to move in, and confirm whether the ownership change is already registered. This affects whether you can safely exercise your renewal right.
Tenant’s Right to Terminate After Renewal
Even after the lease is renewed through the tenant’s exercise of the renewal right, the tenant still has the right to terminate the contract at any time.
This means the tenant is not locked in for the full 2 years after renewal—but the landlord is. Once the renewal goes into effect, the tenant can cancel the contract by giving 3 months' written notice, and the termination takes effect 3 months after the notice date.
This flexibility is only granted to the tenant, not the landlord.
What if you change your mind before the renewed lease starts?
Even if you already exercised your right to renew, but later change your mind before the renewed lease begins, you can still terminate. The 3-month notice period still applies, even if your termination notice is given before the new lease officially starts.
Example:
Your lease ends on May 1, 2025.
You notify the landlord on February 1 that you want to renew.
On February 10, you change your mind and send a termination notice.
In this case, the termination takes effect on May 11, 2025 (3 months after your notice).
What about the opposite?
If it's between 6 months and 2 months before the lease ends, you can withdraw your termination notice and renew the lease—even if the landlord already repaid you some part of your security deposit.
Realtor Tip:
Exercising your renewal right doesn't trap you for two more years. As a tenant, you can always walk away with proper notice—but make sure you understand how the 3-month rule works, especially if you're deciding between moving or staying.
Silent Renewal (묵시적 갱신)
What happens if no one brings up renewal or termination before the lease ends?
If the tenant continues living in the property and the landlord continues to accept rent—and neither side gives written notice to terminate or renegotiate between 6 months and 2 months before the lease expires—then the lease is automatically renewed under the same terms.
This is known as silent renewal (묵시적 갱신) or implied renewal.
Under silent renewal, the lease is considered extended for the same period as before (usually 2 years). However, the terms are not entirely locked in:
- The tenant may terminate the lease at any time with 3 months’ written notice.
- The landlord must honor the full extension period and cannot terminate early without legal cause.
If you extend through silent renewal without using your renewal request right, you may still use that right later—as long as the conditions are met and it hasn’t been exercised before.
Watch Out for Miscommunication Near the End of the Lease
If your landlord asks whether you plan to renew and you respond vaguely—saying something like “I’ll probably stay”—you might lose the option for silent renewal.
Under Korean case law, even a vague question from the landlord about renewal can trigger the need for a clear and timely response from the tenant. In some cases, courts may interpret an ambiguous response as the tenant actively exercising their renewal right, not silent renewal.
This means the legal route shifts from silent renewal to agreed renewal—along with all the rules that come with it (such as the 3-month early termination rule and limitation to one-time use).
To protect yourself, always respond clearly, and whenever possible, leave a record. Text messages, emails, or even a quick confirmation via messenger can serve as important proof if a dispute arises later.
Realtor Tip:
If your landlord brings up renewal—no matter how casually—give a clear answer and follow up in writing. It’s a small step that can save you big headaches later.
Beware of Silent Renewal on a 1-Year Lease
Let’s say your original lease was written for 1 year, and at 1 year and 4 months, you notify the landlord that you want to terminate. You argue that since 1 year passed and the lease silently renewed, you should be able to move out with 3 months' notice and get your deposit back.
The answer is: No, you can’t.
Under the Housing Lease Protection Act, any lease term shorter than 2 years is treated as a 2-year lease by default. While the tenant may assert the shorter 1-year term, this is only allowed when the purpose is to end the lease early—not to claim that a silent renewal has already occurred.
In other words, once you pass the 1-year mark, your lease is legally treated as a 2-year contract. You can’t later flip your position to say that the lease silently renewed after 1 year just to trigger an early move-out.
Realtor Tip:
If your lease was originally for 1 year, don’t assume it automatically rolls over after a year. The law protects you with a default 2-year term—but that also means you’re bound by it unless you actively terminate earlier under the proper rules.
Final Thoughts
Understanding how renewal works in Korea isn’t just legal trivia — it’s the difference between staying secure in your home or suddenly being asked to leave. Whether you’re planning to renew formally or just planning to stay put, knowing which rules apply puts you back in control.
If you’re navigating a renewal and want to make sure it’s done right, feel free to reach out. I help expats cut through the fine print and get real with renting in Korea — without surprises.