South KoreaWhat is automatic (tacit) renewal of a lease?
Automatic (tacit) renewal in South Korea occurs when a fixed-term lease continues without objection from either party after expiration, creating a new lease under the same terms — but with indefinite duration and termination rights under the Civil Act.
What the Law Says
South Korean law recognizes automatic (tacit) renewal of leases when neither landlord nor tenant objects to continuation after the original term ends. This is governed by Article 619-2 of the Civil Act, which sets strict conditions and consequences for such renewal.
Under South Korean law, if a fixed-term lease agreement expires and both parties continue performance — for example, the tenant remains in possession and the landlord accepts rent — without either party expressly objecting, the lease is deemed renewed automatically.
However, this renewed lease is no longer fixed-term. Instead, it becomes an indefinite-term lease, meaning either party may terminate it at any time — provided they give proper notice.
The law requires that termination of a tacitly renewed lease be made at least 30 days before the intended termination date, unless otherwise agreed in writing.
Crucially, tacit renewal only applies if neither party has expressed opposition before or immediately upon expiration. A clear objection — verbal or written — prevents renewal.
Statutory TextIf a lessee continues to use the leased property after the expiration of the term of the lease contract and the lessor does not raise any objection thereto, the lease contract shall be deemed renewed under the same conditions; provided, however, that the term thereof shall be indefinite.
— Civil Act, Art. 619-2 — Lease Contracts
Statutory TextA party wishing to terminate a lease contract renewed pursuant to the preceding paragraph shall give notice thereof to the other party at least thirty days prior to the intended date of termination.
— Civil Act, Art. 619-2 — Lease Contracts
What to Do
Before lease expiration, decide whether you wish to renew — and communicate clearly (in writing is safest).
If you oppose renewal, notify the other party before or on the expiry date — silence implies consent.
If renewal occurs tacitly, remember the lease is now indefinite and either side may end it with 30 days’ notice.
Keep records of rent payments and communications to prove intent or objection, if disputed.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.