기간의 정함이 있는 주택임대차와 임차인의 중도해지권 - 일본 차지차가법(借地借家法) 제38조를 중심으로 -

초록

Since the enactment of the Housing Lease Protection Act in 1981, several systems have been introduced to guarantee tenants' right to live. However, the contract renewal request system introduced in July 2020 has also contributed to the improvement of housing rights by allowing tenants to secure up to four years of stable residence without worrying about rent increases. However, it also raises concerns about the increase in disputes between landlords and tenants, undermining the stability of the rental market. As systems restricting landlords' rights increase, landlords lose incentives to continue renting, inevitably leading to problems in the supply of quality rental properties. In 1999, Japan introduced the fixed-term building lease system to the Act on Land and Building Leases to address such issues. The existing justifiable reason system prohibited landlords from terminating a lease without just cause. However, the fixed-term building lease system allows landlords to terminate a lease upon expiration, even without just cause. In exchange for easing tenant rights, the Act allows tenants of residential buildings to terminate their leases early if unavoidable circumstances arise. This study examines the problems inherent in the Housing Lease Protection Act, including the lack of a fixed lease term and the inability to terminate the lease early if the tenant encounters unavoidable circumstances. Furthermore, as a solution, it proposes an amendment to the Housing Lease Protection Act to introduce a fixed-term housing lease system.

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