[HOAM Foreign Law Column] Tacit Renewal: What Happens if You Don't Say Anything?

In Korea, if neither the landlord nor the tenant expresses a desire to terminate or change the contract terms 2 to 6 months before the lease expires, the contract is automatically renewed under the same conditions. This is known as 'Tacit Renewal' (Muk-si-jeok Gaeng-sin).

1. The 2-to-6 Month Notification Rule

To prevent automatic renewal, you must notify the landlord of your intent to leave at least 2 months before the contract ends. (For contracts signed before Dec 10, 2020, the period is 1 to 6 months). If you miss this window, the contract legally extends for another 2 years.

2. Termination During Tacit Renewal

Even if the contract is tacitly renewed for 2 years, the tenant has a special right: you can notify the landlord of your intent to terminate at ANY time during this period. The termination becomes legally effective exactly 3 months after the landlord receives your notice.

3. Who Pays the Brokerage Fee?

During a tacit renewal, if the tenant decides to leave early (after the 3-month notice period), the LANDLORD is responsible for the brokerage fee for the next tenant, not the current tenant. This is a common point of dispute where landlords try to unfairly charge foreigners.

4. Avoiding Disputes: Documentation is Key

Always send your notice via KakaoTalk, Email, or Content Certification. A verbal phone call is hard to prove in court. Ensure you have a 'Read' receipt or a reply from the landlord acknowledging your intent to move out.

5. Why Hoam Law Firm?

Tacit renewal rules are designed to protect tenants, but they can be confusing for expatriates. Hoam Law Firm helps you navigate the timing of notices and ensures you are not bullied into paying extra brokerage fees or staying longer than you intended. We provide legal certification of your notices to ensure they hold up in any future dispute.

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