SORA RENTAL NOTE · 25
The landlord refused renewal to move in, then rented to someone else. What now?
Check the conditions, evidence and damages rules when a Korean landlord refuses renewal for personal occupancy but later relets the home.
Content checked · 3 October 2026
The key points
- Genuine occupancy by the landlord or direct-line ascendants or descendants can justify refusal.
- Unjustified reletting during the period that would have been renewed can trigger damages.
- Keep the renewal request, refusal and evidence of actual reletting.
01 — 04
Start with the comic
The landlord refused renewal to live there. What records should I keep?
First check your request and refusal. An advert is not proof of a new lease.
I’ll save the dated advert and my moving receipts.
Then check when it was relet and whether there was a justified reason.
Start with the request and the stated reason
- Renewal request
- Reason for refusal
- Lease dates
Housing Lease Protection Act Article 6-3 permits refusal for genuine occupancy by the landlord or direct-line ascendants or descendants, such as parents or children. A reference to any relative does not automatically qualify.
Check that you made a valid statutory renewal request within the permitted window, generally six to two months before expiry, and were entitled to exercise the right. Keep evidence of receipt and the landlord’s occupancy-based refusal.
Verify actual reletting, timing and justification
- Actual use / reletting
- Lease dates
- Supporting evidence
Article 6-3(5) concerns reletting to a third party without a justified reason before the period that would have been renewed expires. That normally means the prospective two-year renewal period, not an arbitrary two years from moving out.
Unforeseen, unavoidable changes can matter when assessing justification. Distinguish advertising from an actual lease. Keep public advertisements and lawfully obtained documents; do not enter the property or demand neighbours’ private information.
Compare three damages measures
- Monthly rent
- Damages comparison
- Supporting evidence
Unless damages were agreed in advance at the refusal, paragraph (6) uses the largest of: three months of the former converted monthly rent; two years of the difference between the new and former converted monthly rents; or the actual loss caused by the refusal.
Converted monthly rent includes cash rent plus the deposit’s monthly equivalent calculated under the statutory method. Keep receipts and evidence connecting moving-related costs to the refusal. Neither every expense nor a damages award follows automatically.
What to check
- Verify the request deadline, eligibility and receipt.
- Keep the contract and occupancy-based refusal.
- Lawfully establish the new lease’s timing and conditions.
- Document losses, their connection to the refusal and the calculation.
Common questions
Does vacancy or sale automatically trigger this formula?
No. Paragraph (5) specifically concerns third-party reletting. Vacancy or sale needs a separate legal assessment.
What if the landlord originally intended to live there?
That does not end the inquiry. The later reletting, its timing and any justified reason must also be assessed.
Official sources
These laws and public-agency materials concern renting in Korea. Source documents are mainly in Korean.
- Korean Housing Lease Protection Act Articles 6 and 6-3: Renewal-request period, owner occupation and damages ↗
- Korean Housing Lease Protection Act Article 6-3(1)(8), (5) and (6) ↗
- Constitutional Court of Korea, decision of 28 February 2024: Constitutional challenge to Article 6-3 of the Housing Lease Protection Act and related provisions ↗