At the end of July, the Housing Lease Protection Act was revised to strengthen tenants' right to live.
1) Tenants can now ask the landlord to “live two more years” from 1 to 6 months before the end of the lease contract (right to apply for renewal of the contract), and 2) even when extending the contract, the rent cannot be raised by more than 5% ( Jeon·Monthly Limit).
3) In addition, if you sign a jeon or monthly rent contract, you must complete the report within 30 days.
This is very fortunate for tenants.
This is because if there is no problem, you can live another two years in the house you lived in, and the rent does not go up by more than 5%.
Of course, even this requires the tenant's consent.
The economic burden as well as housing stability has been greatly reduced.
However, two months after the revised law came into force, the
real estate market, contrary to expectations, became more confusing.
Even taking into account that it was in the early days of law enforcement, disputes became more quantitative and worse quality.
Even the tenant, the landlord, and the buyer who bought the house are even being evaluated as "all have become unhappy".
What happened to you?
1. The buyer's misfortune...
"I can't even buy my house"
Mr. A in his 30s signed a contract last month to buy an apartment with a tenant.
It was the result of four years of saving, saving, and wicked efforts to prepare my own house after marriage.
The tenant also promised, "I will leave the house at the end of the year when the contract ends," and believe this and proceed with the contract.
But a few days before the balance was paid, the tenant suddenly changed his words.
He exercised his right to apply for contract renewal, saying, "I want to live for two more years."
The problem was that I believed in the tenant's'shoes' promise.
“Don’t you decide to leave?”, but the tenant replied, “I said that I would consider leaving, but I never said that I would leave.”
In this case, Mr. A cannot deny the tenant's request on the grounds of his real residency because it is before the ownership is taken over.
In a word, there was no place to live.
It is difficult to find even a charter, so we are in a hurry to find the house of Gosiwon and relatives.
Even if you turn off the fire in a hurry, you have no choice but to pay an expensive monthly rent and buy more than two years.
Of course, with the'my house' that I bought with all my fortune in front of my eyes.
In embarrassment, I also inquired about the Ministry of Land, Infrastructure and Transport, the ministry in charge, but only returned an absurd answer saying, "I have no choice but to ask the tenants to go out.
The big plans of life have been shaken to the roots.
The problem is that a case like this is not the only thing Mr. A experiences.
"The tenant has changed his mind," he said, and there are several buyers who are trembling over the down payment.
In addition to the Ministry of Land, Transport and Maritime Affairs, cases of complaints have been made to the offices of the National Assembly's National Land Transport Commission.
However, the lease law is a private contract and is a matter of civil law, so the government cannot mobilize administrative power to correct it.
Right and wrong are bound to be judged by the parties through legal action.
It cannot be unfortunate.
(※ Congressman Eun-Hye Kim, the Power of the People of the National Assembly's Land, Infrastructure and Transport Committee proposed an amendment that would allow a buyer who buys a house to refuse to renew the contract of an existing tenant if he wants to live in the house, but there is a lot of work to go over until the actual legislation.)
2. Tenant's misfortune...
"You want to go, but you have nowhere to go."
That does
n't
mean you can't leave all responsibility on tenants.
The embarrassing thing is the same for tenants.
Before and after the lease law was enforced, the chartered property dropped sharply, and even though they wanted to go out, they could not go out.
The infrequently used chartered items are in a state of high price.
Not a few places have more than doubled in a few months.
Leaving the house out of the house when it is difficult to get a loan is a difficult situation.
The tenants I met during the interview complained, "It's unfortunate, but realistically, I can't help it."
"I really want to go out because I don't have a relationship with the landlord. But I can't go out. Where and how do I get out when I don't have a chartered thing? (Chonseed) Even if I have things, the price isn't affordable. I'm thinking of going out a few months ago. But then the charter market changed too quickly. It is now impossible. I am sorry to the buyer or the landlord, but I can't help it."
Public brokers also said, "Disputes have become frequent over the exercise of tenants' right to apply for renewal of contracts. People of good character also yell at each other and fight with rough talk. One side argues,'I can't come in even though it's my house,' while the other side argues, “Let's do it.” I understand the positions of both sides, so it is difficult to take the side of anyone.”
3. The landlord's misfortune...
Houses that could
not be sold, increased tax burden
Even the'temporary two-household owners' who had chartered an existing house were also troubled.
In order to receive the tax-free benefit from the transfer tax, you have to sell an existing house with a tenant, so it becomes a so-called'chartered property' and the house is not sold well.
Because tenants are more likely to say they will live for two more years, buyers are reluctant to sign a contract because they may not be able to move in even after buying a house.
It is difficult to find a buyer unless the price is drastically lowered.
Failure to sell your home on time comes with a huge tax burden.
The deadline for tax-free benefits, which was three years old, was reduced to two years, but from December 17th last year, it was reduced to one year.
Therefore, if you cannot sell your existing house within 1-3 years (depending on how long you have it), you will not be eligible for tax-free benefits.
"If you buy a house for 900 million won and sell it for 1.5 billion won, for example, if you buy a house for 900 million won and sell it for 1.5 billion won, if you sell it within the deadline, assuming you have received all the benefits, the tax will come out about 7 million won. If you do not sell within the deadline, the tax can go up to 300 million won in some cases. If
you buy a new house with one house to move out, but you cannot sell the old house or enter a new house, the'two-house retention period' will increase. "There's no choice but to do that, so the tax can be three or four times different."
● Increasing disputes... As the
situation
of agents for resolution is
this, the number of related consultations has increased significantly since the revised Lease Protection Act was implemented. From July 31st to last month, the number of consultations related to the lease protection law received by the Legal Aid Corporation increased by more than 75% (7,700 → 13,504) from a year ago.
The government plans to respond to the initial confusion by threefolding the number of regional dispute settlement committees from 6 to 18.
However, the mediation success rate of the Dispute Mediation Committee is only around 20%. Because there is no coercion, if either party rejects the mediation, the mediation will fail. If you can't find a point of contact, there is no other alternative to legal action.
As a result, there are increasing cases where tenants are asking the landlord for real estate brokerage fees and moving fees for giving up contract renewal. Even in the online real estate community, concerns of landlords who have an emergency in'exporting tenants' are constantly rising.
“The tenant is saying that he will go out on the contract expiration date as planned, but instead he asks for the amount of money in the name of broadcasting fees, condolences, and moving expenses
.” Tenants say "the price for goodwill," while landlords lament, "The landlord lives in a strange world where he became a young man."
Attorney Choi Bong-gyun (Pyeongan Law Firm) said, "When the tenant says,'I will not live in the house anymore,' and the landlord believes the word and leaves proof and sells or rents the house to another person, the profits of the buyer are also The Ministry of Land, Infrastructure and Transport explained that it is difficult to request renewal because it needs to be protected, but legal disputes are inevitable when there is no basis or inaccurate, and in this case, it takes not only the cost but also the time as long as a year or more. "If you come, the only way to get it right now is to have the parties fully consulted, coordinate their opinion, and leave it as an official document."
Tenants, landlords and even buyers. Everyone checks and struggles for survival. This is the sad reality we face today. Contrary to poet Lee Seong-bok's remarks, "Everyone is sick, but nobody is sick", I felt uncomfortable and painful throughout the course of the interview as to whether I was living in an era of'nobody is sick, but all are sick'.
● "Where there is good, there is harm"
Earlier in the late Joseon scholar Seongho Iik, this is what he said in his book "Gwanmul. “The frog that should be in the bush comes down to a private house and is eventually caught and eaten by chickens. I think, when the ground is fertile, there are a lot of bugs when the ground is fertile, and the frog chased the bug and came to the private house where the chicken is. If there is any benefit, the words that followed by the sun can be punished for this."
Bugs are coveted food for frogs, but for chickens, frogs are a great place to eat. So, to eat a full meal, a frog has to walk to life. Nevertheless, a frog who is blind to the profits in front of him cannot cover it back and forth and jumps into the limbs.
The consequences of failing to figure out that where there is an advantage there is unexpected harm is disastrous. That's why you have to consider whether the benefits it brings is worth enduring the harm it can cause
.
When the government first revised the Housing Lease Protection Act, it was undoubtedly good, at least to the point. It was to guarantee the housing rights of the so-called'eul' tenants in the market and to reduce the economic burden. It will be difficult to disagree with that good purpose. However, what really matters is the result, not the purpose. Moreover, even more so if it is a housing-related policy that targets the entire population, not a specific minority.
From that point of view,
it is compelling to ask whether the
government and the National Assembly have
fully counted the harm that may be caused by this policy. How many simulations were conducted before the policy was introduced, what are the expected side effects, and what alternatives were prepared in order to minimize the side effects, and how elaborately and carefully prepared?
Even after entering the Ministry of Land, inquiring with officials in charge, searching through data, and seeking advice from experts, we have yet to get a specific answer to that
.
People are now
"
in our society, even so manguna" human frog, "
and so relax a sigh lamented. May the government and the National Assembly take the people's sighs heavily.
※ In the process of writing the article, the books and researches of Professor Jeong Min Hanyang University's Korean Language and Literature (Classical Literature) were referenced.
▶ "It's my house" "I can't go out because I don't have a sale"… Embarrassing each other