<Anchor>
Reporter Kwon Ae-ri's friendly economic time.
Reporter Kwon, yesterday (24th), the amendment to the Lease Protection Act passed the National Assembly, and there are quite a few people wondering what has changed.
Let’s look at the contents first.
<Reporter>
Yes.
This law is related to the mall.
The key to the new law is twofold.
First, the landlord cannot tell the tenant to emptied even if the commercial tenant is unable to pay the rent for up to nine months.
It doesn't mean you'll do this forever in the future.
In consideration of the coronavirus crisis, special provisions were temporarily established, but because of that, the landlord could not immediately send out the tenant until the rent was not paid three times.
Even if the monthly rent may be pushed for up to three months, the tenant can be looked after.
Because 6 months are added to this, tenants can occupy and operate the mall for up to nine months in the future, even without paying monthly rent.
If there is a person whose monthly rent has already been delayed by two months by the last month, and the new law is enforced in this state, the period in which the monthly rent cannot be paid for the next 6 months is the period for applying this temporary special exception.
After that, when the monthly rent is pushed back one more month, the landlord can notify the landlord that he will have to find another tenant, from two months before the enforcement of the law to the delayed period.
This is not a reduction or exemption from grace.
In the end, it is the money the tenant has to pay.
If it is pushed 9 months, interest will accumulate as much as it is pushed back.
You also have to pay all the interest.
If you have a deposit, you can also deduct it from the deposit.
<Anchor> It
looks like there might be a lessor who wants to get a little more deposit, and the law also stipulates the authority to demand that tenants reduce their rent?
<Reporter>
Yes.
Specifically, it is possible to exercise the right to increase or decrease the rent based on a first-class infectious disease such as Corona 19.
There were other reasons for demanding a lower rent in existing law as well.
We have added a first-class epidemic here.
The landlord does not necessarily have to accept this request.
But the tenant can sue.
There is no guarantee that a tenant will win, but there is a basis for dispute.
And if the tenant's request for a rent cut is accepted without going to lawsuit, the situation seems to be over, then the landlord can raise the rent again at any time.
There is no limit to the degree to which the rent is lowered, and in principle, it is possible to return to the original state when raising the lower rent again.
The so-called '5% rule', which prevents the landlord from raising the rent more than 5% at a time to the same tenant, does not apply to this.
However, if the degree of reduction is less than 5%, you can increase it all at once within the 5% upper limit.
<Anchor> You
told me about the two core parts, but the one that has a big impact on the market is the'rental suspension' part rather than the authority you can ask for?
<Reporter>
Yes.
It looks like it will.
However, in the US and Europe, which have suffered much stronger and longer economic lockdowns than we are, there are already many places that have implemented these rent deferral measures.
But it was mostly done for housing.
It is in Germany that the shopping district has taken similar measures like us.
In the United States and Europe, there is no jeonse, only monthly rent, so many people who have suddenly lost their income are literally sitting on the streets, so they have mainly taken this deferral measure for housing.
<Anchor>
Allowing a business place to be suspended for a long time seems a little different from the right to live?
<Reporter>
Yes.
There is a side like that.
As soon as the new law comes into force, it will take effect next week, and it would be good if supplementary measures were elaborated to maximize its effectiveness while revising the law.
For example, if you are a small-sized subsistence renter or a person who has a lot of loans with a severance pay, for example, if your rent is cut off for several months, you may not be able to find another tenant, and you may be hit hard to pay your debt .
It would be too late to say that there is already a big problem with credit, even if you receive the overdue rent at once.
Moreover, the new law does not require tenants who postpone rent to prove how difficult the economic situation has been with COVID-19.
In fact, even if it's not that difficult, there is room for a calculation like'It's advantageous to focus on others who need money right now and put off the rent even if it's a delay. Conversely, as the anchor said earlier, all landlords during the recession This is not a viable method, but if you are a well-located landlord, you may want to raise your deposit significantly when a new tenant becomes available.
The purpose of protecting tenants suffering from coronavirus is good, but the side effect of having to concentrate the damages caused by the failure of private contracts on the landlord side can be rather large.
For landlords who are unable to receive monthly rent for a long period of time, it seems that a supplementary measure that delays loan interest or delays taxes or utility bills should be considered.
[Professor Kwon Daejung/Myongji University Real Estate Department: There is a need to make up for the ability to apply for a postponement of the monthly rent when there is no evidence to explain it.
If you apply for a delay, I think the government will have to provide specific benefits to the landlord as a counter benefit.]