임대인세금체납확인The government has begun to revise the law to protect tenants’ security deposits by preventing damage from lease fraud.
In the future, as the lessee’s right to view information will be strengthened, the lessee will be able to check the lessor’s delinquency and priority lessee information.
The Ministry of Justice announced at the Cabinet meeting on the 14th that a partial amendment to the Housing Lease Protection Act and a partial amendment to the Enforcement Decree of the Act, which were prepared as part of follow-up measures to prevent damage from lease fraud and improvement of the TF system for legal support for tenants affected by lease fraud, were passed.
Due to the recent decline in real estate prices, the damage caused by tenants not being able to recover their entire deposit due to so-called tin lease or lease fraud is spreading.
Accordingly, the Ministry of Justice, together with the Ministry of Land, Infrastructure and Transport, prepared an amendment to the Housing Lease Protection Act and the Enforcement Decree of the same Act to better protect tenants’ deposits.
First, the right to view tenant information was strengthened, making it clear in the text that a person who wants to become a tenant can request the landlord’s consent to provide information such as a senior deposit, and obliging the landlord to agree to this.
In addition, a prospective tenant can request the landlord to present a tax payment certificate before signing a contract. The lessor must present a tax payment certificate issued after the date of receipt of the request. However, if the lessor is unable or unwilling to present the tax payment certificate, the person intending to become the lessee is obligated to present the tax payment certificate by agreeing to verify the delinquency directly with the tax office. It was made possible to replace .
Accordingly, those who wish to enter into a lease contract will be able to check the information of the senior tenant who will receive the deposit before the contract and the fact of the landlord’s delinquency, etc.
Article 292, Paragraph 3 of the Civil Execution Act, which states that ‘execution of provisional seizure may be carried out even before the judgment is served on the debtor,’ was added to the applicable provisions of the lease registration order provisions of the Housing Lease Protection Act, so that lease registration is possible even before the decision on the lease registration order is notified to the lessor. To ensure this, the process has been expedited and the protection of tenants’ right to claim refund of deposit has been strengthened.
In order to respond to damage from lease fraud and reflect the upward trend in housing rental deposits, the scope and amount of tenants who will receive priority repayment have been expanded and raised.
The city of Seoul raised the deposit amount for tenants subject to priority repayment to 165 million won or less, and the highest priority repayment amount to 55 million won or less. In overcrowding control areas, the deposit amount of tenants subject to priority repayment was raised to 145 million won or less, and the highest priority repayment amount was raised to 48 million won or less.
The Ministry of Justice explained that the revised bill applies to existing lease contracts, but stipulates supplementary provisions to ensure that secured property rights holders existing before the enforcement of the revised law must follow the previous regulations, eliminating concerns about infringement on the property rights of existing secured property rights holders.
The Ministry of Justice and the Ministry of Land, Infrastructure and Transport said, “We will do our best to pass the amendment through in-depth discussions in the National Assembly.” They added, “We will continue to listen to the public’s opinions to ensure housing stability for tenants and strive to improve the housing rental system and overhaul related laws.” He said.
Inquiries: Ministry of Justice, Legal Affairs Office, Legal Review Office (02-2110-3502), Ministry of Land, Infrastructure and Transport, Housing Tenant Protection Division (044-201-3314)
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