Scope of the Housing Lease Protection Act: When Are You Protected?

Based on 31 consultation cases · Updated October 4, 2026 · Translated from the Korean original.

Whether the Housing Lease Protection Act applies is not determined solely by the designation in the building register or land registry. It is determined by considering, among other things, the building’s structure and actual use when the lease was made. However, the fact that the premises were used for residential purposes is not by itself sufficient; the purpose of the lease, whether the tenant actually resided there, and whether the person who entered into the lease had authority to lease the premises must also be considered.

People involved → Tenant → Landlord or lessor → You lease premises to use as a home → Was a substantial part actually used as the tenant home? → Yes → No → Were the premises configured for residential use when leased? → Did the lessor have legal authority to lease the premises? → The Act may protect this tenancy → Protection may not apply or priority may be unavailable → Check actual use → Check the lease-time setup → Check registration and exceptions → Official designation is not decisive Consider mixed use and daily living → A tenant conversion after leasing may not qualify Landlord consent may be a special circumstance → Check residence registration or substitute reports Employee delivery and registration may matter

Key points

Whether a building is residential is determined by its actual use rather than its designation in official records. If it is used for both residential and business purposes, the purpose of the lease, the structure and form of the building and leased portion, the actual use of the premises, and whether people lead their daily lives there are considered together (Examples 1, 13, 19, 20).
Even where premises are used for both residential and business purposes, the Act may apply if the actual living space is substantial and serves as the tenant’s home. It may not apply if the residential use is merely incidental to the business or the residential portion is very small (Examples 13, 19, 20).
The Act may apply to an unregistered or unauthorized building, or to a building designated in official records as a factory, warehouse, or similar facility, if it is actually a residential building. However, the premises must have been configured for residential use when the lease was made; if the tenant independently converted them after the lease, the Act may not apply unless there are special circumstances, such as the landlord’s consent (Examples 2, 4, 10, 21).
Spaces such as rooftop rooms that do not appear in the building register or land registry may also be protected if they were configured for residential use when the lease was made and were actually leased and used as a residence (Example 4).
A foreign national may receive protection by completing foreign resident registration and reporting a change of place of stay, which take the place of resident registration and a move-in report. The examples also describe an overseas Korean’s domestic residence report as a procedure that takes the place of resident registration (Example 3, 6; Housing Lease Protection Act, Article 3, Paragraph 1 (주택임대차보호법 제3조 제1항); Immigration Act, Article 88-2 (출입국관리법 제88조의2)).
If a small or medium-sized enterprise leases a home for an employee to live in, the corporation may acquire enforceability against third parties if an employee selected by the corporation takes delivery of the home and completes resident registration (Examples 8, 23; Housing Lease Protection Act, Article 3, Paragraph 3 (주택임대차보호법 제3조 제3항)).
The Act may apply even if the landlord is not the registered owner, provided the landlord has legal authority to lease the property. By contrast, a tenant cannot obtain a right to priority in repayment if they entered into a lease with someone who lacked legal authority to lease, such as the highest bidder at an auction (Examples 14, 17).
A lease found to have been primarily intended not for residential purposes but for debt recovery or abuse of the minimum-priority repayment system may not qualify for protection as a small-amount tenant (Examples 15, 16; Housing Lease Protection Act, Article 8 (주택임대차보호법 제8조)).

Frequently asked questions

Q. Does it apply if I use part of a shop or office as a home?

It may apply. The determination is made by considering the purpose of the lease, the building’s structure and area, how it is used, and whether people lead their daily lives there, based on its actual use rather than its designated use in official records. However, it may not apply if the sleeping area or kitchen is merely incidental to the business, or if the residential portion is very small.

Case 1, Case 13, Case 19, Case 20

Q. Can unregistered or unauthorized homes, or rooftop rooms, be protected?

A building is not excluded from coverage solely because it is unregistered or lacks a building permit. If it is actually used as a residence, the Act may apply to unregistered or unauthorized buildings, as well as rooftop rooms not shown in official records. However, it is necessary to consider whether the building was configured for residential use when the lease was made and how it was actually being used.

Case 2, Case 4, Case 21

Q. If I rent a factory or warehouse and convert it for residential use, will the Act apply?

At the time the lease is made, the premises must in substance already be configured for residential use or for combined residential and other use. If the tenant independently converts the premises for residential use after the lease is made, the Act may not apply unless there are special circumstances, such as the landlord having consented to the conversion.

Case 10

Q. Can foreign nationals or overseas Koreans receive protection under the Housing Lease Protection Act?

According to the examples, a foreign national may receive protection by completing foreign resident registration and reporting a change of place of stay, which take the place of resident registration and a move-in report. For overseas Koreans, the examples explain the procedure of filing a domestic residence report for the location of the leased home. Other requirements, such as delivery of the home, must also be checked in each case.

Case 3, Case 6

Q. Can a home that a company rents as employee accommodation be protected?

A corporation that qualifies as a small or medium-sized enterprise under the Framework Act on Small and Medium Enterprises may be entitled to a defense against third parties if it leases a home for an employee to live in and an employee selected by the corporation takes delivery of the home and completes resident registration. The examples also state that, to obtain priority in repayment, the lease agreement between the corporation and the landlord must have a fixed date.

Case 8, Case 23

Q. Does the Housing Lease Protection Act apply if I stay for a long time at an inn or lodging facility?

The Act does not apply where it is clear that the lease is for temporary use, as with a lodging contract between a lodging business operator and a guest. However, if the building’s actual structure and use are residential and the contract is not for temporary use, its designation in official records as an inn or similar facility alone does not determine whether the Act applies.

Case 18

Q. Is a lease valid even if the landlord is not the registered owner?

The Housing Lease Protection Act may apply even if the landlord is not the owner, provided the landlord has legal authority to enter into the lease. However, a tenant cannot obtain priority in repayment if they entered into a lease with someone who lacked authority to lease the property, such as the highest bidder at an auction who has not yet paid the sale price.

Case 14, Case 17

Q. Can I receive protection as a small-amount tenant if I move into a debtor’s home as a tenant to recover a debt?

Protection may be unavailable if the primary purpose of the lease is not actually to use and benefit from the home, but to recover a debt or receive payment ahead of senior secured creditors. The examples also explain that a person who leases a home with the landlord and tenant’s intent to abuse the minimum-priority repayment system is not protected as a small-amount tenant.

Case 15, Case 16

Q. Can I receive priority in repayment of my deposit if the land is auctioned separately while the house remains in place?

The precedents cited in the examples explain that a tenant who has satisfied the requirements for enforceability against third parties and obtained a fixed date, as well as a small-amount tenant, may exercise a right to priority in repayment from the proceeds of the land even if only the land, separately from the leased home, is auctioned. The examples also explain that a right to priority in repayment from the land may be recognized even for an unregistered home.

Case 2, Case 24

Relevant laws

Housing Lease Protection Act, Article 1 (주택임대차보호법 제1조)
Housing Lease Protection Act, Article 2 (주택임대차보호법 제2조)
Housing Lease Protection Act, Article 3, Paragraph 1 (주택임대차보호법 제3조 제1항)
Housing Lease Protection Act, Article 3, Paragraph 3 (주택임대차보호법 제3조 제3항)
Housing Lease Protection Act, Article 3-2, Paragraph 1 (주택임대차보호법 제3조의2 제1항)
Housing Lease Protection Act, Article 3-2, Paragraph 2 (주택임대차보호법 제3조의2 제2항)
Housing Lease Protection Act, Article 8 (주택임대차보호법 제8조)
Housing Lease Protection Act, Article 11 (주택임대차보호법 제11조)
Housing Lease Protection Act, Article 12 (주택임대차보호법 제12조)
Act on the Immigration and Legal Status of Overseas Koreans, Article 2 (재외동포의 출입국과 법적 지위에 관한 법률 제2조)
Act on the Immigration and Legal Status of Overseas Koreans, Article 3 (재외동포의 출입국과 법적 지위에 관한 법률 제3조)
Act on the Immigration and Legal Status of Overseas Koreans, Article 6 (재외동포의 출입국과 법적 지위에 관한 법률 제6조)
Act on the Immigration and Legal Status of Overseas Koreans, Article 7 (재외동포의 출입국과 법적 지위에 관한 법률 제7조)
Act on the Immigration and Legal Status of Overseas Koreans, Article 10 (재외동포의 출입국과 법적 지위에 관한 법률 제10조)
Immigration Act, Article 31 (출입국관리법 제31조)

Watch out for

Do not determine whether the Act applies solely from the use designation in the building register or land registry; consider the building’s structure and actual use when the lease was made.
If the tenant converted the premises for residential use after the lease was made, it may be important to determine whether the premises were already configured for residential use when the lease was made and whether the landlord consented.
Even if the tenant actually used the home and resided there, protection may be unavailable if the primary purpose of the lease is found to have been debt recovery or abuse of the minimum-priority repayment system.
Whether a property is a home covered by the Act is a separate question from whether the tenant has acquired enforceability against third parties or a right to priority in repayment. Depending on the case, requirements such as delivery of the home, resident registration or an equivalent report, and a fixed date must be checked.

Source cases

This guide was compiled by AI from the following Korea Legal Aid Corporation consultation cases (in Korean).

This guide is general legal information about Korean law, not legal advice for your situation. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (call 132 in Korea).