SORA RENTAL NOTE · 03
Missed the two-month notice deadline?
Your lease may renew.
The lease does not necessarily end on its original expiry date. If the landlord also gave no qualifying notice within the statutory period, it may renew implicitly. But “two months before expiry” and “three months after notice is received” are different rules.
Start with the comic
Mark the notice deadline on your calendar before the lease ends.
Whether the lease renews implicitly depends on both parties' statutory notices and any applicable exceptions.
After implicit renewal, the tenant can give termination notice at any time. Keep proof that it reached the landlord.
Termination takes effect three months after the landlord receives notice. Coordinate the moving and settlement dates too.
This comic illustrates an example. Read the article below for the specific requirements and exceptions.
THE SHORT ANSWER
Keep these three points in mind.
- 01
To end at expiry, arrange notice at least two months beforehand
If you plan to leave when the lease expires, make sure your intention not to renew reaches the landlord no later than two months before expiry. Evidence of when the landlord received the notice matters more than the date you wrote or sent it.
- 02
If neither side gives qualifying notice on time
If the landlord also gives neither a refusal to renew nor a notice saying “I will not renew unless the terms change” within the required period, the lease may be treated as implicitly renewed on the same terms when the original term ends. The deposit and rent stay the same, and the renewed term is two years.
- 03
After implicit renewal, the tenant can give notice at any time
You may terminate the renewed lease by giving notice at any time, but termination is not immediate. It takes effect three months after the landlord receives the termination notice. If you prefer to stay, you may instead rely on the two-year renewed term.
The essential distinction: “two months before expiry” is the notice deadline for avoiding renewal at the original end date. “Three months after receipt of notice” determines when a tenant's termination of an implicitly renewed lease takes effect.
TWO DIFFERENT CLOCKS
The two periods start from different dates.
- Contract expiry
- Notice received
- Lease end date
| Rule | Where to count from | What it determines | Practical step |
|---|---|---|---|
| Two months before expiry | Count backwards from the original expiry date | Whether the lease can end without renewal on its original expiry date | Arrange for your notice of non-renewal to reach the landlord by the deadline |
| Three months after receipt | Count from the date the landlord receives a termination notice after implicit renewal | When the tenant's termination takes effect | For an earlier end, reach a separate agreement and record the settlement terms in writing |
The landlord's statutory notice window runs from six months to two months before expiry. The landlord may notify you of refusal to renew or say that renewal will be refused unless terms change. If either party's legally valid notice of non-renewal or equivalent qualifying notice reaches the other within the required period, the lease does not renew implicitly.
DATE EXAMPLE
What if your lease ends on 5 February, but you give notice on 21 January?
21 January is only 15 days before expiry, so it does not meet the “at least two months before expiry” deadline. If the landlord agrees to end the lease on 5 February, you can settle on that agreed date. But do not assume that late notice alone automatically ends the lease on 5 February.
Give notice comfortably before this date and confirm receipt
Do not assume you can end on the original expiry date; an agreement or individual assessment is needed
Without a written agreement, check the termination and settlement arrangements again
Do not assume that any late notice means “just pay three more months.”
- The wording and timing can raise questions about whether the message is a refusal to renew or a termination notice for an implicitly renewed lease.
- You must also establish when the landlord actually received the notice.
- The clearest practical approach is a written agreement on the end date, final day for rent and management fees, deposit-return date and key-handover date.
EXCEPTIONS & RENEWAL RIGHT
Implicit renewal does not apply in every case.
- Contract terms
- Total unpaid rent
- Legal requirements
Rent arrears equal to two payment periods
Implicit renewal does not apply if the tenant's unpaid rent reaches an amount equal to two rental payment periods.
A serious breach of tenant obligations
The lease may also end at expiry if the tenant has otherwise seriously breached their obligations.
The statutory right to request renewal
Implicit renewal does not count as using your one statutory renewal request. Distinguish an express exercise of that right from renewal that happens implicitly.
NOTICE CHECKLIST
Record when, what and how you gave notice.
- Notify the other party
- Notice received
- Supporting evidence
- Expiry date
Check the exact date in your lease
Mark the date two months before expiry on your calendar. Prepare earlier to allow for weekends or delays in reaching the landlord.
- Notice wording
Clearly state that you will not renew and intend to end at expiry
Saying you are looking at rooms or asking whether moving might be possible is not the same as a clear notice. State your intention to end the lease and the actual expiry date.
- Receipt
Keep delivery and reply records
Use a method that leaves a record, such as text, KakaoTalk or email, and keep the landlord's acknowledgment. If a dispute is likely, consider content-certified mail (내용증명) and appropriate evidence of delivery.
- Settlement
Agree on the deposit, keys and charges together
Set the lease end date, final day for rent and management fees, utility meter readings, deposit-transfer time and sequence for handing over the keys.
MESSAGE TEMPLATE
An example notice to send before the deadline
“I am the tenant of unit [number]. I have confirmed that my lease expires on [day, month, year]. I am giving notice that I intend to end the lease and move out on that expiry date. Please acknowledge receipt and reply with arrangements for returning my deposit and handing over the keys.”
This is a general example. If the two-month deadline has already passed, discuss your preferred end date and settlement terms separately with the landlord. You may need legal advice specific to your contract.
FREQUENTLY ASKED
Four common misunderstandings about implicit renewal.
Does missing the tenant's two-month deadline always mean implicit renewal?
No. You must also check whether the landlord gave a refusal to renew or a notice saying “I will not renew unless the terms change” within the statutory period. If either party's legally valid notice of non-renewal or equivalent qualifying notice reached the other within the required period, the lease does not renew implicitly.
Do I have to stay for two years after implicit renewal?
No. You may rely on the two-year term if you want to stay, or give termination notice at any time. However, termination takes effect only three months after the landlord receives that notice.
Can the landlord also end an implicitly renewed lease at any time with three months' notice?
No. The right to give termination notice at any time under Article 6-2 of the Housing Lease Protection Act belongs to the tenant. It does not give the landlord the same unilateral right.
Does implicit renewal use up my statutory right to request renewal?
No. Official Easy Law guidance explains that implicit renewal is not regarded as an express exercise of the statutory renewal right.
CHECKED SOURCES
Checked against current official sources.
- Ministry of Government Legislation · Easy Law Renewal of housing leases · checked 3 October 2026 · Korean↗
- National Law Information Center Housing Lease Protection Act, Articles 4, 6, 6-2 and 6-3 · Korean↗
This is general information based on legislation and official Easy Law guidance checked on 3 October 2026, not legal advice for an individual contract. The outcome may depend on when the lease was signed or renewed, special terms, the wording and receipt of notices, rent arrears and other breaches of tenant obligations.