{"content_id":"j9msjjsqnc","slug":"jeonse-renewal-contract-vs-renewal-demand-right","locale":"en","schema_type":"Article","category":"knowledge_base","category_name":"Knowledge Base","title":"The Difference Between Contract Renewal and the Right to Request Renewal: Does the Right Resurface with a New Contract?","summary":"In residential lease agreements, “renewal” and the “right to demand contract renewal” are not the same thing. If a genuine new contract is entered into, the existing contract terminates, and the issue of the right to demand contract renewal may be reassessed based on the new contract.","author":{"name":"Injoys Editorial Team","url":"https://injoys.com/ko/about"},"key_points":["The right to request contract renewal is a statutory right that a tenant may exercise once under the Residential Lease Protection Act.","As a general rule, exercising the right to renew a lease extends the existing lease under the same terms, and any increase in rent or security deposit is permitted only within the limits set by law.","A lease renewal refers to a situation in which the landlord and tenant mutually agree to terminate the existing lease and enter into a new lease under different terms.","Simply because a contract has been rewritten does not necessarily mean it is a new contract; what matters is whether it is, in substance, an extension of the existing contract.","To minimize disputes, the contract must clearly specify whether the right to renew will be exercised, whether the existing contract will be terminated, and the reasons for any changes to the security deposit or term."],"content_markdown":"## Key Conclusion\n\nIn residential lease agreements, **re-signing the lease** and **exercising the right to request renewal** must be legally distinguished. The mere fact that a tenant has rewritten the lease agreement does not automatically mean that the tenant has exercised the right to request renewal; conversely, even if a new lease agreement exists, it may be deemed a renewal if it is substantively an extension of the existing lease.\n\nThe two most important criteria for determination are as follows:\n\n1. **Did the tenant express an intention to exercise the statutory right to request renewal?**\n2. **Can it be deemed that the existing lease has clearly terminated and a new lease has been established?**\n\nIf a new lease agreement in the true sense has been concluded, the legal relationship regarding the existing contract terminates, and the issue of the right to demand contract renewal can be reassessed based on the new contract. However, in actual disputes, specific circumstances—such as the wording of the contract, the settlement of the security deposit, the lease term, the extent of changes in rent, and records of communications between the parties—are reviewed together.\n\n## Glossary\n\n| Category | Meaning | Key Effect |\n|---|---|---|\n| Right to Request Contract Renewal | The tenant’s right to request renewal of the existing lease once in accordance with the law | In principle, the landlord cannot refuse unless there are statutory grounds for refusal |\n| Renewal | The extension of an existing lease relationship | In principle, existing terms are maintained, and rent increases are limited to statutory caps |\n| Re-contracting | Terminating the existing contract by mutual agreement and entering into a new contract under new terms | Key terms such as the security deposit, rent, and term may be redefined |\n| Implicit Renewal | The legal renewal of a lease upon the expiration of the term without specific notice prior to the contract’s expiration | This is a separate system from the right to request contract renewal |\n\n## What Is the Right to Request Contract Renewal?\n\nThe right to request contract renewal is a right granted to tenants under the Housing Lease Protection Act. Tenants may request the renewal of a lease agreement from the landlord within a specified period, and the landlord cannot easily refuse this request unless there are grounds for refusal specified by law.\n\nThe key points to remember are as follows:\n\n- A tenant may exercise the right to demand contract renewal **once**.\n- The period for exercising this right is, in principle, **from 6 months to 2 months before the lease term ends**.\n- The term of the renewed lease is generally considered to be **2 years**.\n- In principle, the terms after renewal are the same as those of the existing contract.\n- However, increases in the security deposit or monthly rent are subject to the limits set by the Residential Lease Protection Act, which are generally **within a 5% range**.\n\nAn important point here is that exercising the right to request contract renewal is not so much “entering into a new contract” as it is **legally extending the existing contractual relationship**.\n\n## What Is a Renewal Contract?\n\nA renewal contract refers to the landlord and tenant mutually agreeing to terminate the existing contract and enter into a new lease agreement. In practice, it is common to draw up a “renewal contract” upon the expiration of a global lease agreement, often involving a significant increase in the security deposit, a switch to monthly rent, or the establishment of new terms regarding the lease term and special provisions.\n\nThe characteristics of a renewal are as follows:\n\n- It requires mutual agreement between the parties.\n- It is not merely a simple extension of the existing contract; there must be circumstances that allow it to be considered a new contract.\n- Key terms—such as the security deposit, monthly rent, contract term, and special provisions—may change significantly.\n- Unlike the exercise of the statutory right to request renewal, the terms are not restricted to an unconditional 5% increase limit.\n\nHowever, if the arrangement is merely labeled a “renewal” to circumvent the Lease Protection Act but is, in substance, a renewal of the existing contract, it may not be recognized as a renewal in the event of a dispute.\n\n## The Main Difference Between a Renewal Agreement and Exercising the Right to Request Contract Renewal\n\n| Comparison Item | Exercising the Right to Request Contract Renewal | Renewal Agreement |\n|---|---|---|\n| Legal Nature | Exercise of the tenant’s statutory right | New contract based on mutual agreement between landlord and tenant |\n| Relationship to the Existing Contract | An extension of the existing contract | A new contract following the termination of the existing contract |\n| Landlord’s Consent | Refusal is restricted unless there are statutory grounds for refusal | In principle, agreement between the parties is required |\n| Changes to Security Deposit and Monthly Rent | Generally subject to a 5% cap | If recognized as a new contract, terms may be renegotiated |\n| Exhaustion of the Right to Request Renewal | Exercising this right counts as one use | May be assessed separately if it is a genuine new contract |\n| Key Points of Dispute | Timing of exercise and grounds for refusal | Whether it is a new contract or a simple renewal |\n\n## Does Rewriting the Contract Automatically Constitute a Renewal?\n\nNo. **Simply drafting a new contract is not sufficient.** In legal terms, the substance of the contract is more important than its name.\n\nFor example, in the following cases, the agreement is more likely to be viewed as a renewal of the existing lease rather than a new contract:\n\n- The existing security deposit and monthly rent remained virtually unchanged.\n- The leased property and the parties involved are the same.\n- The term was simply extended upon the contract’s expiration.\n- The tenant stated they would exercise their right to request renewal, and the landlord accepted this.\n- The new contract contains a clause stating that the renewal is “based on the exercise of the right to request renewal.”\n\nConversely, the likelihood of it being considered a genuine renewal increases if the following circumstances exist:\n\n- There is clear language stating that the existing contract is being terminated or ended by mutual agreement.\n- Key terms—such as the security deposit, monthly rent, term, or special provisions—have been significantly altered.\n- Settlement procedures, such as the return and re-payment of the security deposit, were actually carried out.\n- The new lease agreement clearly states that it constitutes a new lease agreement separate from the existing one.\n- The parties’ intent to enter into a new lease agreement is confirmed through text messages, emails, audio recordings, etc.\n\nHowever, since the return and re-payment of the security deposit may be linked to other legal issues—such as the right of opposition, priority of repayment, and the date of registration—caution is advised before proceeding.\n\n## Does the Right to Request Contract Renewal Expire Upon Signing a New Lease?\n\nIt cannot be stated categorically that “it expires.” Whether the right to request contract renewal is exhausted depends not on **the label “renewal contract”**, but on **whether the tenant exercised the right to request contract renewal** and **whether a new contract was substantively established**.\n\n### 1. When the tenant extends the lease by exercising the right to request contract renewal\n\nIf the tenant notified the landlord that they would “exercise the right to request contract renewal” and the contract was extended accordingly, it is generally considered that the right to request renewal has been used. In this case, even if a new lease agreement is drawn up, if that document merely confirms the renewal terms, it may be deemed that the right has been exercised once.\n\n### 2. When the parties mutually agree to terminate the existing contract and enter into a new one\n\nIf the landlord and tenant clearly terminate the existing contract and enter into a new lease agreement under new terms, this is distinct from the exercise of the statutory right to request renewal. In this case, the tenant’s right to request renewal may be reassessed based on the new contract.\n\n### 3. Cases where the form is a “renewal agreement” but the substance is an extension\n\nEven if the title of the contract is “Renewal Agreement,” if the actual content is merely an extension of the existing contract, it may be viewed as a renewal. In particular, if the rent increase is within 5%, there is a record that the tenant exercised the right to request renewal, and there is no procedure to terminate the existing contract, it is likely to be assessed as a simple renewal.\n\n## Documents and Evidence to Verify in Practice\n\nWhen it is unclear whether the agreement is a renewal or the exercise of the right to request renewal, the following materials are important.\n\n| Document | Items to Verify |\n|---|---|\n| Existing Lease Agreement | Expiration date, security deposit, monthly rent, special provisions, clauses related to renewal |\n| New Lease Agreement | Whether it is a new lease or a renewal, and whether it contains language terminating the existing lease |\n| Text Messages, KakaoTalk, Email | Whether the right to request renewal was exercised, intent to terminate by mutual agreement, and the negotiation process regarding terms |\n| Security Deposit Transfer Records | Whether the deposit was returned and repaid, or only the increased amount was paid |\n| Documents Related to the Date of Confirmation | Whether procedures to preserve rights were completed after signing the new contract |\n| Property Verification and Explanation Document | Whether there is evidence that the new contract was concluded through a broker |\n\nTo prevent disputes, it is advisable to clearly state in the contract whether it is a “renewal resulting from the exercise of the right to renew” or a “new lease agreement following the termination of the existing contract.”\n\n## Suggested Wording for the Contract\n\nThe wording below is provided for illustrative purposes only; actual contracts require consideration of individual circumstances and legal review.\n\n### To clearly state that the contract is a renewal resulting from the exercise of the right to request renewal\n\n- “This agreement renews the existing lease agreement pursuant to the tenant’s exercise of the right to request renewal under the Residential Lease Protection Act.”\n- “The lease term following renewal shall be two years, and the security deposit and rent shall be adjusted within the limits set by law.”\n\n### To clarify that this is a new lease agreement\n\n- “The parties hereby terminate the previous lease agreement by mutual consent and enter into this agreement as a separate, new lease agreement.”\n- “The parties confirm that this agreement is not a renewal agreement resulting from the tenant’s exercise of the right to request contract renewal.”\n\nHowever, the mere inclusion of such wording does not always guarantee that it will be recognized as legally valid. In practice, all relevant circumstances—including the extent of the changes to the terms, the settlement of the security deposit, and the details of the parties’ negotiations—are taken into consideration.\n\n## Commonly Confusing Cases\n\n### Case 1: The jeonse deposit was increased by 5%, and the tenant agreed to stay for two more years\n\nIf the tenant exercised their right to request renewal and the increase in the jeonse deposit is within 5%, it is generally likely to be viewed as a renewal resulting from the exercise of that right. In this case, the right to request renewal may be deemed to have been exercised.\n\n### Case 2: The jeonse deposit increased significantly, and a new contract was signed\n\nIf there is a clear intention to terminate the existing contract and enter into a new one, and the deposit has changed significantly, there is room to view this as a new contract. In this case, it may be distinguished from the exercise of the right to renew.\n\n### Case 3: The contract is titled “Renewal Agreement,” but the content is nearly identical\n\nSubstance is more important than the title. If the terms are largely maintained and only the term is extended, it is likely to be viewed as a renewal.\n\n### Case 4: The tenant signed the new lease agreement without objection\n\nIf the tenant’s intention to exercise the right to renewal is not clearly expressed, it is difficult to immediately conclude that the right was exercised. However, if the intent to exercise the right to renewal is confirmed during the negotiation process, the situation may be judged differently.\n\n## Checklist for Tenants and Landlords\n\n### Tenant Checklist\n\n- First, decide whether to exercise the right to renewal or to enter into a mutually agreed-upon new lease.\n- If exercising the right to renewal, provide notice via a method that leaves a record, such as text message or email.\n- Verify that the new lease agreement includes the phrase “Exercise of the Right to Renew.”\n- If the security deposit increases significantly, clarify whether it is a new lease or a renewal.\n- Double-check procedures for protecting your rights, such as obtaining a certified date and registering your change of address.\n\n### Landlord Checklist\n\n- Distinguish whether the tenant’s notice constitutes the exercise of the right to renewal or a simple negotiation.\n- If there are grounds for refusing renewal, verify the statutory requirements and the timing of notification.\n- If you wish to renew the lease, clearly document your intention to terminate the existing lease and enter into a new one.\n- Keep in mind that changes to the security deposit or monthly rent may be evaluated differently depending on whether the renewal is statutory or based on mutual agreement.\n- Since grounds for refusing renewal—such as the landlord’s actual occupancy or rent delinquency—are likely to lead to disputes later, organize your evidence.\n\n## Summary in One Sentence\n\n**A lease renewal is the creation of a new lease agreement through mutual consent between the parties, whereas exercising the right to renewal is the tenant’s one-time right to extend the lease, guaranteed by law.** Therefore, you should not only check whether a new lease agreement was drafted but also verify whether the existing lease has actually expired and whether the tenant has exercised their right to renewal.","content_html":"\u003ch2\u003e\n\u003ca href=\"#key-conclusion\" class=\"anchor\" id=\"key-conclusion\"\u003e\u003c/a\u003eKey Conclusion\u003c/h2\u003e\n\u003cp\u003eIn residential lease agreements, \u003cstrong\u003ere-signing the lease\u003c/strong\u003e and \u003cstrong\u003eexercising the right to request renewal\u003c/strong\u003e must be legally distinguished. The mere fact that a tenant has rewritten the lease agreement does not automatically mean that the tenant has exercised the right to request renewal; conversely, even if a new lease agreement exists, it may be deemed a renewal if it is substantively an extension of the existing lease.\u003c/p\u003e\n\u003cp\u003eThe two most important criteria for determination are as follows:\u003c/p\u003e\n\u003col\u003e\n\u003cli\u003e\u003cstrong\u003eDid the tenant express an intention to exercise the statutory right to request renewal?\u003c/strong\u003e\u003c/li\u003e\n\u003cli\u003e\u003cstrong\u003eCan it be deemed that the existing lease has clearly terminated and a new lease has been established?\u003c/strong\u003e\u003c/li\u003e\n\u003c/ol\u003e\n\u003cp\u003eIf a new lease agreement in the true sense has been concluded, the legal relationship regarding the existing contract terminates, and the issue of the right to demand contract renewal can be reassessed based on the new contract. However, in actual disputes, specific circumstances—such as the wording of the contract, the settlement of the security deposit, the lease term, the extent of changes in rent, and records of communications between the parties—are reviewed together.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#glossary\" class=\"anchor\" id=\"glossary\"\u003e\u003c/a\u003eGlossary\u003c/h2\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eCategory\u003c/th\u003e\n\u003cth\u003eMeaning\u003c/th\u003e\n\u003cth\u003eKey Effect\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eRight to Request Contract Renewal\u003c/td\u003e\n\u003ctd data-label=\"Meaning\"\u003eThe tenant’s right to request renewal of the existing lease once in accordance with the law\u003c/td\u003e\n\u003ctd data-label=\"Key Effect\"\u003eIn principle, the landlord cannot refuse unless there are statutory grounds for refusal\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eRenewal\u003c/td\u003e\n\u003ctd data-label=\"Meaning\"\u003eThe extension of an existing lease relationship\u003c/td\u003e\n\u003ctd data-label=\"Key Effect\"\u003eIn principle, existing terms are maintained, and rent increases are limited to statutory caps\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eRe-contracting\u003c/td\u003e\n\u003ctd data-label=\"Meaning\"\u003eTerminating the existing contract by mutual agreement and entering into a new contract under new terms\u003c/td\u003e\n\u003ctd data-label=\"Key Effect\"\u003eKey terms such as the security deposit, rent, and term may be redefined\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Category\"\u003eImplicit Renewal\u003c/td\u003e\n\u003ctd data-label=\"Meaning\"\u003eThe legal renewal of a lease upon the expiration of the term without specific notice prior to the contract’s expiration\u003c/td\u003e\n\u003ctd data-label=\"Key Effect\"\u003eThis is a separate system from the right to request contract renewal\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003ch2\u003e\n\u003ca href=\"#what-is-the-right-to-request-contract-renewal\" class=\"anchor\" id=\"what-is-the-right-to-request-contract-renewal\"\u003e\u003c/a\u003eWhat Is the Right to Request Contract Renewal?\u003c/h2\u003e\n\u003cp\u003eThe right to request contract renewal is a right granted to tenants under the Housing Lease Protection Act. Tenants may request the renewal of a lease agreement from the landlord within a specified period, and the landlord cannot easily refuse this request unless there are grounds for refusal specified by law.\u003c/p\u003e\n\u003cp\u003eThe key points to remember are as follows:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eA tenant may exercise the right to demand contract renewal \u003cstrong\u003eonce\u003c/strong\u003e.\u003c/li\u003e\n\u003cli\u003eThe period for exercising this right is, in principle, \u003cstrong\u003efrom 6 months to 2 months before the lease term ends\u003c/strong\u003e.\u003c/li\u003e\n\u003cli\u003eThe term of the renewed lease is generally considered to be \u003cstrong\u003e2 years\u003c/strong\u003e.\u003c/li\u003e\n\u003cli\u003eIn principle, the terms after renewal are the same as those of the existing contract.\u003c/li\u003e\n\u003cli\u003eHowever, increases in the security deposit or monthly rent are subject to the limits set by the Residential Lease Protection Act, which are generally \u003cstrong\u003ewithin a 5% range\u003c/strong\u003e.\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eAn important point here is that exercising the right to request contract renewal is not so much “entering into a new contract” as it is \u003cstrong\u003elegally extending the existing contractual relationship\u003c/strong\u003e.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#what-is-a-renewal-contract\" class=\"anchor\" id=\"what-is-a-renewal-contract\"\u003e\u003c/a\u003eWhat Is a Renewal Contract?\u003c/h2\u003e\n\u003cp\u003eA renewal contract refers to the landlord and tenant mutually agreeing to terminate the existing contract and enter into a new lease agreement. In practice, it is common to draw up a “renewal contract” upon the expiration of a global lease agreement, often involving a significant increase in the security deposit, a switch to monthly rent, or the establishment of new terms regarding the lease term and special provisions.\u003c/p\u003e\n\u003cp\u003eThe characteristics of a renewal are as follows:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eIt requires mutual agreement between the parties.\u003c/li\u003e\n\u003cli\u003eIt is not merely a simple extension of the existing contract; there must be circumstances that allow it to be considered a new contract.\u003c/li\u003e\n\u003cli\u003eKey terms—such as the security deposit, monthly rent, contract term, and special provisions—may change significantly.\u003c/li\u003e\n\u003cli\u003eUnlike the exercise of the statutory right to request renewal, the terms are not restricted to an unconditional 5% increase limit.\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eHowever, if the arrangement is merely labeled a “renewal” to circumvent the Lease Protection Act but is, in substance, a renewal of the existing contract, it may not be recognized as a renewal in the event of a dispute.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#the-main-difference-between-a-renewal-agreement-and-exercising-the-right-to-request-contract-renewal\" class=\"anchor\" id=\"the-main-difference-between-a-renewal-agreement-and-exercising-the-right-to-request-contract-renewal\"\u003e\u003c/a\u003eThe Main Difference Between a Renewal Agreement and Exercising the Right to Request Contract Renewal\u003c/h2\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eComparison Item\u003c/th\u003e\n\u003cth\u003eExercising the Right to Request Contract Renewal\u003c/th\u003e\n\u003cth\u003eRenewal Agreement\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Comparison Item\"\u003eLegal Nature\u003c/td\u003e\n\u003ctd data-label=\"Exercising the Right to Request Contract Renewal\"\u003eExercise of the tenant’s statutory right\u003c/td\u003e\n\u003ctd data-label=\"Renewal Agreement\"\u003eNew contract based on mutual agreement between landlord and tenant\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Comparison Item\"\u003eRelationship to the Existing Contract\u003c/td\u003e\n\u003ctd data-label=\"Exercising the Right to Request Contract Renewal\"\u003eAn extension of the existing contract\u003c/td\u003e\n\u003ctd data-label=\"Renewal Agreement\"\u003eA new contract following the termination of the existing contract\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Comparison Item\"\u003eLandlord’s Consent\u003c/td\u003e\n\u003ctd data-label=\"Exercising the Right to Request Contract Renewal\"\u003eRefusal is restricted unless there are statutory grounds for refusal\u003c/td\u003e\n\u003ctd data-label=\"Renewal Agreement\"\u003eIn principle, agreement between the parties is required\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Comparison Item\"\u003eChanges to Security Deposit and Monthly Rent\u003c/td\u003e\n\u003ctd data-label=\"Exercising the Right to Request Contract Renewal\"\u003eGenerally subject to a 5% cap\u003c/td\u003e\n\u003ctd data-label=\"Renewal Agreement\"\u003eIf recognized as a new contract, terms may be renegotiated\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Comparison Item\"\u003eExhaustion of the Right to Request Renewal\u003c/td\u003e\n\u003ctd data-label=\"Exercising the Right to Request Contract Renewal\"\u003eExercising this right counts as one use\u003c/td\u003e\n\u003ctd data-label=\"Renewal Agreement\"\u003eMay be assessed separately if it is a genuine new contract\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Comparison Item\"\u003eKey Points of Dispute\u003c/td\u003e\n\u003ctd data-label=\"Exercising the Right to Request Contract Renewal\"\u003eTiming of exercise and grounds for refusal\u003c/td\u003e\n\u003ctd data-label=\"Renewal Agreement\"\u003eWhether it is a new contract or a simple renewal\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003ch2\u003e\n\u003ca href=\"#does-rewriting-the-contract-automatically-constitute-a-renewal\" class=\"anchor\" id=\"does-rewriting-the-contract-automatically-constitute-a-renewal\"\u003e\u003c/a\u003eDoes Rewriting the Contract Automatically Constitute a Renewal?\u003c/h2\u003e\n\u003cp\u003eNo. \u003cstrong\u003eSimply drafting a new contract is not sufficient.\u003c/strong\u003e In legal terms, the substance of the contract is more important than its name.\u003c/p\u003e\n\u003cp\u003eFor example, in the following cases, the agreement is more likely to be viewed as a renewal of the existing lease rather than a new contract:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eThe existing security deposit and monthly rent remained virtually unchanged.\u003c/li\u003e\n\u003cli\u003eThe leased property and the parties involved are the same.\u003c/li\u003e\n\u003cli\u003eThe term was simply extended upon the contract’s expiration.\u003c/li\u003e\n\u003cli\u003eThe tenant stated they would exercise their right to request renewal, and the landlord accepted this.\u003c/li\u003e\n\u003cli\u003eThe new contract contains a clause stating that the renewal is “based on the exercise of the right to request renewal.”\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eConversely, the likelihood of it being considered a genuine renewal increases if the following circumstances exist:\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003eThere is clear language stating that the existing contract is being terminated or ended by mutual agreement.\u003c/li\u003e\n\u003cli\u003eKey terms—such as the security deposit, monthly rent, term, or special provisions—have been significantly altered.\u003c/li\u003e\n\u003cli\u003eSettlement procedures, such as the return and re-payment of the security deposit, were actually carried out.\u003c/li\u003e\n\u003cli\u003eThe new lease agreement clearly states that it constitutes a new lease agreement separate from the existing one.\u003c/li\u003e\n\u003cli\u003eThe parties’ intent to enter into a new lease agreement is confirmed through text messages, emails, audio recordings, etc.\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eHowever, since the return and re-payment of the security deposit may be linked to other legal issues—such as the right of opposition, priority of repayment, and the date of registration—caution is advised before proceeding.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#does-the-right-to-request-contract-renewal-expire-upon-signing-a-new-lease\" class=\"anchor\" id=\"does-the-right-to-request-contract-renewal-expire-upon-signing-a-new-lease\"\u003e\u003c/a\u003eDoes the Right to Request Contract Renewal Expire Upon Signing a New Lease?\u003c/h2\u003e\n\u003cp\u003eIt cannot be stated categorically that “it expires.” Whether the right to request contract renewal is exhausted depends not on \u003cstrong\u003ethe label “renewal contract”\u003c/strong\u003e, but on \u003cstrong\u003ewhether the tenant exercised the right to request contract renewal\u003c/strong\u003e and \u003cstrong\u003ewhether a new contract was substantively established\u003c/strong\u003e.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#1-when-the-tenant-extends-the-lease-by-exercising-the-right-to-request-contract-renewal\" class=\"anchor\" id=\"1-when-the-tenant-extends-the-lease-by-exercising-the-right-to-request-contract-renewal\"\u003e\u003c/a\u003e1. When the tenant extends the lease by exercising the right to request contract renewal\u003c/h3\u003e\n\u003cp\u003eIf the tenant notified the landlord that they would “exercise the right to request contract renewal” and the contract was extended accordingly, it is generally considered that the right to request renewal has been used. In this case, even if a new lease agreement is drawn up, if that document merely confirms the renewal terms, it may be deemed that the right has been exercised once.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#2-when-the-parties-mutually-agree-to-terminate-the-existing-contract-and-enter-into-a-new-one\" class=\"anchor\" id=\"2-when-the-parties-mutually-agree-to-terminate-the-existing-contract-and-enter-into-a-new-one\"\u003e\u003c/a\u003e2. When the parties mutually agree to terminate the existing contract and enter into a new one\u003c/h3\u003e\n\u003cp\u003eIf the landlord and tenant clearly terminate the existing contract and enter into a new lease agreement under new terms, this is distinct from the exercise of the statutory right to request renewal. In this case, the tenant’s right to request renewal may be reassessed based on the new contract.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#3-cases-where-the-form-is-a-renewal-agreement-but-the-substance-is-an-extension\" class=\"anchor\" id=\"3-cases-where-the-form-is-a-renewal-agreement-but-the-substance-is-an-extension\"\u003e\u003c/a\u003e3. Cases where the form is a “renewal agreement” but the substance is an extension\u003c/h3\u003e\n\u003cp\u003eEven if the title of the contract is “Renewal Agreement,” if the actual content is merely an extension of the existing contract, it may be viewed as a renewal. In particular, if the rent increase is within 5%, there is a record that the tenant exercised the right to request renewal, and there is no procedure to terminate the existing contract, it is likely to be assessed as a simple renewal.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#documents-and-evidence-to-verify-in-practice\" class=\"anchor\" id=\"documents-and-evidence-to-verify-in-practice\"\u003e\u003c/a\u003eDocuments and Evidence to Verify in Practice\u003c/h2\u003e\n\u003cp\u003eWhen it is unclear whether the agreement is a renewal or the exercise of the right to request renewal, the following materials are important.\u003c/p\u003e\n\u003cdiv class=\"overflow-x-auto\"\u003e\u003ctable\u003e\n\u003cthead\u003e\n\u003ctr\u003e\n\u003cth\u003eDocument\u003c/th\u003e\n\u003cth\u003eItems to Verify\u003c/th\u003e\n\u003c/tr\u003e\n\u003c/thead\u003e\n\u003ctbody\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Document\"\u003eExisting Lease Agreement\u003c/td\u003e\n\u003ctd data-label=\"Items to Verify\"\u003eExpiration date, security deposit, monthly rent, special provisions, clauses related to renewal\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Document\"\u003eNew Lease Agreement\u003c/td\u003e\n\u003ctd data-label=\"Items to Verify\"\u003eWhether it is a new lease or a renewal, and whether it contains language terminating the existing lease\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Document\"\u003eText Messages, KakaoTalk, Email\u003c/td\u003e\n\u003ctd data-label=\"Items to Verify\"\u003eWhether the right to request renewal was exercised, intent to terminate by mutual agreement, and the negotiation process regarding terms\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Document\"\u003eSecurity Deposit Transfer Records\u003c/td\u003e\n\u003ctd data-label=\"Items to Verify\"\u003eWhether the deposit was returned and repaid, or only the increased amount was paid\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Document\"\u003eDocuments Related to the Date of Confirmation\u003c/td\u003e\n\u003ctd data-label=\"Items to Verify\"\u003eWhether procedures to preserve rights were completed after signing the new contract\u003c/td\u003e\n\u003c/tr\u003e\n\u003ctr\u003e\n\u003ctd data-label=\"Document\"\u003eProperty Verification and Explanation Document\u003c/td\u003e\n\u003ctd data-label=\"Items to Verify\"\u003eWhether there is evidence that the new contract was concluded through a broker\u003c/td\u003e\n\u003c/tr\u003e\n\u003c/tbody\u003e\n\u003c/table\u003e\u003c/div\u003e\n\u003cp\u003eTo prevent disputes, it is advisable to clearly state in the contract whether it is a “renewal resulting from the exercise of the right to renew” or a “new lease agreement following the termination of the existing contract.”\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#suggested-wording-for-the-contract\" class=\"anchor\" id=\"suggested-wording-for-the-contract\"\u003e\u003c/a\u003eSuggested Wording for the Contract\u003c/h2\u003e\n\u003cp\u003eThe wording below is provided for illustrative purposes only; actual contracts require consideration of individual circumstances and legal review.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#to-clearly-state-that-the-contract-is-a-renewal-resulting-from-the-exercise-of-the-right-to-request-renewal\" class=\"anchor\" id=\"to-clearly-state-that-the-contract-is-a-renewal-resulting-from-the-exercise-of-the-right-to-request-renewal\"\u003e\u003c/a\u003eTo clearly state that the contract is a renewal resulting from the exercise of the right to request renewal\u003c/h3\u003e\n\u003cul\u003e\n\u003cli\u003e“This agreement renews the existing lease agreement pursuant to the tenant’s exercise of the right to request renewal under the Residential Lease Protection Act.”\u003c/li\u003e\n\u003cli\u003e“The lease term following renewal shall be two years, and the security deposit and rent shall be adjusted within the limits set by law.”\u003c/li\u003e\n\u003c/ul\u003e\n\u003ch3\u003e\n\u003ca href=\"#to-clarify-that-this-is-a-new-lease-agreement\" class=\"anchor\" id=\"to-clarify-that-this-is-a-new-lease-agreement\"\u003e\u003c/a\u003eTo clarify that this is a new lease agreement\u003c/h3\u003e\n\u003cul\u003e\n\u003cli\u003e“The parties hereby terminate the previous lease agreement by mutual consent and enter into this agreement as a separate, new lease agreement.”\u003c/li\u003e\n\u003cli\u003e“The parties confirm that this agreement is not a renewal agreement resulting from the tenant’s exercise of the right to request contract renewal.”\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003eHowever, the mere inclusion of such wording does not always guarantee that it will be recognized as legally valid. In practice, all relevant circumstances—including the extent of the changes to the terms, the settlement of the security deposit, and the details of the parties’ negotiations—are taken into consideration.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#commonly-confusing-cases\" class=\"anchor\" id=\"commonly-confusing-cases\"\u003e\u003c/a\u003eCommonly Confusing Cases\u003c/h2\u003e\n\u003ch3\u003e\n\u003ca href=\"#case-1-the-jeonse-deposit-was-increased-by-5-and-the-tenant-agreed-to-stay-for-two-more-years\" class=\"anchor\" id=\"case-1-the-jeonse-deposit-was-increased-by-5-and-the-tenant-agreed-to-stay-for-two-more-years\"\u003e\u003c/a\u003eCase 1: The jeonse deposit was increased by 5%, and the tenant agreed to stay for two more years\u003c/h3\u003e\n\u003cp\u003eIf the tenant exercised their right to request renewal and the increase in the jeonse deposit is within 5%, it is generally likely to be viewed as a renewal resulting from the exercise of that right. In this case, the right to request renewal may be deemed to have been exercised.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#case-2-the-jeonse-deposit-increased-significantly-and-a-new-contract-was-signed\" class=\"anchor\" id=\"case-2-the-jeonse-deposit-increased-significantly-and-a-new-contract-was-signed\"\u003e\u003c/a\u003eCase 2: The jeonse deposit increased significantly, and a new contract was signed\u003c/h3\u003e\n\u003cp\u003eIf there is a clear intention to terminate the existing contract and enter into a new one, and the deposit has changed significantly, there is room to view this as a new contract. In this case, it may be distinguished from the exercise of the right to renew.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#case-3-the-contract-is-titled-renewal-agreement-but-the-content-is-nearly-identical\" class=\"anchor\" id=\"case-3-the-contract-is-titled-renewal-agreement-but-the-content-is-nearly-identical\"\u003e\u003c/a\u003eCase 3: The contract is titled “Renewal Agreement,” but the content is nearly identical\u003c/h3\u003e\n\u003cp\u003eSubstance is more important than the title. If the terms are largely maintained and only the term is extended, it is likely to be viewed as a renewal.\u003c/p\u003e\n\u003ch3\u003e\n\u003ca href=\"#case-4-the-tenant-signed-the-new-lease-agreement-without-objection\" class=\"anchor\" id=\"case-4-the-tenant-signed-the-new-lease-agreement-without-objection\"\u003e\u003c/a\u003eCase 4: The tenant signed the new lease agreement without objection\u003c/h3\u003e\n\u003cp\u003eIf the tenant’s intention to exercise the right to renewal is not clearly expressed, it is difficult to immediately conclude that the right was exercised. However, if the intent to exercise the right to renewal is confirmed during the negotiation process, the situation may be judged differently.\u003c/p\u003e\n\u003ch2\u003e\n\u003ca href=\"#checklist-for-tenants-and-landlords\" class=\"anchor\" id=\"checklist-for-tenants-and-landlords\"\u003e\u003c/a\u003eChecklist for Tenants and Landlords\u003c/h2\u003e\n\u003ch3\u003e\n\u003ca href=\"#tenant-checklist\" class=\"anchor\" id=\"tenant-checklist\"\u003e\u003c/a\u003eTenant Checklist\u003c/h3\u003e\n\u003cul\u003e\n\u003cli\u003eFirst, decide whether to exercise the right to renewal or to enter into a mutually agreed-upon new lease.\u003c/li\u003e\n\u003cli\u003eIf exercising the right to renewal, provide notice via a method that leaves a record, such as text message or email.\u003c/li\u003e\n\u003cli\u003eVerify that the new lease agreement includes the phrase “Exercise of the Right to Renew.”\u003c/li\u003e\n\u003cli\u003eIf the security deposit increases significantly, clarify whether it is a new lease or a renewal.\u003c/li\u003e\n\u003cli\u003eDouble-check procedures for protecting your rights, such as obtaining a certified date and registering your change of address.\u003c/li\u003e\n\u003c/ul\u003e\n\u003ch3\u003e\n\u003ca href=\"#landlord-checklist\" class=\"anchor\" id=\"landlord-checklist\"\u003e\u003c/a\u003eLandlord Checklist\u003c/h3\u003e\n\u003cul\u003e\n\u003cli\u003eDistinguish whether the tenant’s notice constitutes the exercise of the right to renewal or a simple negotiation.\u003c/li\u003e\n\u003cli\u003eIf there are grounds for refusing renewal, verify the statutory requirements and the timing of notification.\u003c/li\u003e\n\u003cli\u003eIf you wish to renew the lease, clearly document your intention to terminate the existing lease and enter into a new one.\u003c/li\u003e\n\u003cli\u003eKeep in mind that changes to the security deposit or monthly rent may be evaluated differently depending on whether the renewal is statutory or based on mutual agreement.\u003c/li\u003e\n\u003cli\u003eSince grounds for refusing renewal—such as the landlord’s actual occupancy or rent delinquency—are likely to lead to disputes later, organize your evidence.\u003c/li\u003e\n\u003c/ul\u003e\n\u003ch2\u003e\n\u003ca href=\"#summary-in-one-sentence\" class=\"anchor\" id=\"summary-in-one-sentence\"\u003e\u003c/a\u003eSummary in One Sentence\u003c/h2\u003e\n\u003cp\u003e\u003cstrong\u003eA lease renewal is the creation of a new lease agreement through mutual consent between the parties, whereas exercising the right to renewal is the tenant’s one-time right to extend the lease, guaranteed by law.\u003c/strong\u003e Therefore, you should not only check whether a new lease agreement was drafted but also verify whether the existing lease has actually expired and whether the tenant has exercised their right to renewal.\u003c/p\u003e\n","tags":["Everyday Finance","Housing lease","Contract renewal","Lease renewal right","Jeonse and rent"],"faqs":[{"question":"If I renew my contract, is that considered exercising my right to request a contract renewal?","answer":"This is not always the case. If the tenant has expressed an intention to exercise the right to request renewal and the existing contract has effectively been extended, this may be considered an exercise of that right; however, if the existing contract was terminated and a separate contract was entered into under new terms, this may be distinguished from the exercise of the right to request renewal."},{"question":"If I rewrite the lease agreement, does that automatically mean it’s a new lease agreement?","answer":"No. The substance is more important than the title or format of the contract. If the security deposit, monthly rent, term, and special provisions are virtually the same, and there is strong evidence that the contract is simply an extension of the existing one, it may be considered a renewal even if a new contract is in place."},{"question":"If I exercise my right to request a lease renewal, by how much can I increase the security deposit?","answer":"Under the Residential Lease Protection Act, increases in rent or security deposits upon lease renewal are generally limited to 5%. However, the specific application of this rule must be verified based on the terms of the contract, local ordinances, and the reasons for the increase."},{"question":"Can the security deposit be increased by more than 5% when renewing a lease?","answer":"If a renewal is recognized as a genuine new lease agreement, the parties may agree to set a new security deposit or monthly rent. However, if it is merely a renewal in name only but effectively constitutes a lease renewal, restrictions related to renewal—such as the 5% cap—may become an issue."},{"question":"What evidence is required for a contract to be recognized as a new contract?","answer":"It is important to include the termination clause for the existing contract, the clause regarding the execution of the new contract, details regarding the refund and re-payment of the security deposit, any material changes to key terms, and any messages or emails exchanged between the parties. Simply rewriting the contract may not be sufficient."},{"question":"Are implied renewal and the right to demand contract renewal the same concept?","answer":"These are not the same systems. Implicit renewal occurs when a lease is renewed by operation of law because neither the landlord nor the tenant has provided the required notice, whereas the right to request lease renewal is the tenant’s right to actively request renewal within the statutory period."},{"question":"By when must a tenant exercise their right to request a lease renewal?","answer":"As a general rule, this right must be exercised between six months and two months before the lease term ends. To minimize disputes, it is safest to use methods that can prove the timing and content of the exercise, such as text messages, emails, or certified letters."},{"question":"Do I need to get a certified date again when renewing my lease?","answer":"If the renewal is considered a new lease agreement, it is prudent to re-examine the confirmed date and the preservation of rights. In particular, if the security deposit increases or the terms of the lease change significantly, you should verify your change-of-address registration, the confirmed date, and the priority of rights."}],"sources":[{"url":"https://www.law.go.kr/법령/주택임대차보호법","title":"National Law Information Center: Housing Lease Protection Act","type":"source"}],"images":[{"id":273,"url":"https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6Mjg1MywicHVyIjoiYmxvYl9pZCJ9fQ==--2835ee01cb396b9c3972494e2dc9af3a0b878f14/ai-177d2399.webp","is_representative":true,"generation_method":"ai_image","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"아파트, 열쇠, 순환 화살표, 계약서, 달력, 동전이 연결된 임대 계약 일러스트","caption":"임대차 재계약과 갱신을 서류, 일정, 비용 흐름으로 표현한 그림입니다.","description":null},"en":{"alt":"Apartment buildings, key, circular arrows, contracts, calendars, and coins in a rental process illustration","caption":"The illustration shows rental renewal and new contract steps through documents, dates, and costs.","description":null},"ja":{"alt":"アパート、鍵、循環矢印、契約書、カレンダー、硬貨がつながる賃貸手続きのイラスト","caption":"賃貸の再契約と更新を、書類や日程、費用の流れで示しています。","description":null},"es":{"alt":"Edificios de apartamentos, llave, flechas, contratos, calendarios y monedas en un proceso de alquiler","caption":"La ilustración representa la renovación y el nuevo contrato de alquiler con documentos, fechas y costos.","description":null},"id":{"alt":"Apartemen, kunci, panah melingkar, dokumen, kalender, dan koin dalam proses sewa","caption":"Ilustrasi ini menggambarkan perpanjangan sewa dan kontrak baru melalui dokumen, tanggal, dan biaya.","description":null},"pt":{"alt":"Prédios de apartamentos, chave, setas, contratos, calendários e moedas em um processo de aluguel","caption":"A ilustração mostra renovação e novo contrato de aluguel por meio de documentos, datas e custos.","description":null},"zh-hant":{"alt":"公寓、鑰匙、循環箭頭、合約、日曆與硬幣組成的租賃流程插圖","caption":"這張插圖以文件、日期與費用呈現租約續約和新合約流程。","description":null}}},{"id":274,"url":"https://injoys.com/rails/active_storage/blobs/proxy/eyJfcmFpbHMiOnsiZGF0YSI6Mjg1OSwicHVyIjoiYmxvYl9pZCJ9fQ==--570455f58face19d76f8593d309efc4832210a48/ai-99257a0f.webp","is_representative":false,"generation_method":"ai_image","license":"ai_generated","mime_type":"image/webp","translations":{"ko":{"alt":"저울 위에 놓인 아파트, 동전, 갱신 표시와 계약 문서 일러스트","caption":"임대차 재계약과 갱신청구권의 차이를 저울로 비교한 장면입니다.","description":null},"en":{"alt":"Scale balancing apartments, coins, renewal arrows, a shield, an open door, and a contract document","caption":"The illustration compares lease renewal and a new contract on a balance scale.","description":null},"ja":{"alt":"天秤に載った集合住宅、硬貨、更新マーク、盾、開いたドア、契約書のイラスト","caption":"賃貸の再契約と更新請求権の違いを天秤で表しています。","description":null},"es":{"alt":"Balanza con edificios, monedas, flechas de renovación, un escudo, una puerta abierta y un contrato","caption":"La ilustración compara la renovación del alquiler y un nuevo contrato en una balanza.","description":null},"id":{"alt":"Timbangan berisi apartemen, koin, panah pembaruan, perisai, pintu terbuka, dan dokumen kontrak","caption":"Ilustrasi ini membandingkan perpanjangan sewa dan kontrak baru dengan timbangan.","description":null},"pt":{"alt":"Balança com prédios, moedas, setas de renovação, escudo, porta aberta e documento de contrato","caption":"A ilustração compara a renovação do aluguel e um novo contrato em uma balança.","description":null},"zh-hant":{"alt":"天平上的公寓、硬幣、續約箭頭、盾牌、開門與合約文件插圖","caption":"這張插圖以天平比較租約續約與新合約的差異。","description":null}}}],"published_at":"2026-07-24T18:39:43+09:00","updated_at":"2026-07-24T18:39:43+09:00","license":"cc_by","translation_status":"reviewed","available_locales":["ko","en","ja","es"],"data_locales":["ko","en","ja","es","id","pt","zh-hant"],"url":"https://injoys.com/en/articles/jeonse-renewal-contract-vs-renewal-demand-right"}