When a Korean commercial lease ends and the landlord says nothing, the lease continues on the same terms for 1 year. Article 10(4) of the Commercial Building Lease Protection Act says that if the landlord gives no notice of refusal or of changed terms within the period in paragraph 1 (6 months to 1 month before the end), the lease is deemed renewed on the same terms when that period ends, for a term of 1 year. After that, the tenant may give notice at any time, effective 3 months after the landlord receives it (Art. 10(5)). The numbers differ from homes (2 years, 2 months before). A shop whose converted deposit is above the area threshold (900 million won in Seoul etc.) falls outside paragraphs 4 and 5 and goes to Civil Act Article 639 (our reading). Enter the end date and the date the notice arrived to see the dates.
1. The landlord’s notice window is 6 months to 1 month before the end — without notice, same terms for 1 year (Art. 10(4)). A lease ending 31 March 2027 has a window from 30 September 2026 to 28 February 2027, and the new term runs to 31 March 2028 (our sum).
2. Tenant’s notice after implied renewal → effective after 3 months (Art. 10(5)) — notice arriving 15 June 2027 takes effect from 16 September 2027 (our sum).
3. Above the area threshold, Civil Act Art. 639 — notice under Art. 635 takes 1 month from the tenant and 6 months from the landlord; arriving the same day, effective 16 July 2027 and 16 December 2027 (our sum).
Calculator
| New end date if renewed by silence | - |
| Tenant’s notice takes effect | - |
| Landlord’s notice takes effect (above threshold only) | - |
Updates as you type. "6 months before", "1 month before" and "1 year" are shown as the same date that far away, or the month’s last day if that date does not exist (our sum). The 3 months, 1 month and 6 months after a notice are counted under Civil Act Art. 157 (first day excluded) and Art. 160 (calendar counting, last day of the month if no matching day), taking effect the day after they end (our reading). Art. 161 (weekends and holidays) is not applied.
The provisions
| Provision | What the text says | Notes (our reading) |
|---|---|---|
| Art. 10(1) | If the tenant requests renewal between 6 months and 1 month before the lease ends, the landlord may not refuse without just cause. However, … | "The period in paragraph 1" in para. 4 is this window |
| Art. 10(4) | If the landlord does not give the tenant notice of refusal to renew or of changed terms within the period in paragraph 1, the lease is deemed renewed on the same terms when that period ends. In that case the term is deemed to be 1 year. | Only the landlord’s notice is mentioned — unlike homes (Art. 6), no tenant notice wording |
| Art. 10(5) | In the case of paragraph 4, the tenant may give notice of termination at any time, which takes effect 3 months after the landlord receives it. | No landlord termination in this paragraph |
| Art. 9(1) | A lease with no fixed term or a term of less than 1 year is deemed to be for 1 year. However, the tenant may assert that the shorter term is valid. | Even a 6-month contract lets the tenant claim 1 year |
| Art. 2(3) | … Art. 3, Art. 10(1), (2) and the main text of (3), Arts. 10-2 to 10-9, Art. 11-2 and Art. 19 also apply to leases above the deposit amount under the proviso to paragraph 1. | Art. 10(4)(5) and Art. 9 are not on the list |
| Civil Act Art. 639(1) | If, after the lease term expires, the lessee continues to use the property and the lessor does not object within a reasonable period, the lease is deemed renewed on the same terms. However, the parties may give notice of termination under Article 635. | "A reasonable period" is not given as a date |
| Civil Act Art. 635(2) | Termination takes effect when the following period has passed after the other party receives the notice: 1. for land, buildings and other structures, 6 months if the lessor gives notice and 1 month if the lessee gives notice | Termination after implied renewal of a shop above the threshold |
Homes and shops — where the numbers differ
| Item | Shop (Art. 10(4)(5)) | Home (Housing Lease Protection Act Arts. 6, 6-2) |
|---|---|---|
| Landlord’s notice window | 6 months to 1 month before the end | 6 months to 2 months before |
| Tenant’s notice | No wording in para. 4 | By 2 months before |
| Renewed term | 1 year | 2 years |
| Tenants in arrears excluded | No wording in para. 4 | Excluded for 2 terms of rent in arrears etc. |
| Tenant’s termination after renewal | Any time, effective after 3 months | Any time, effective after 3 months |
The home column comes from the Housing Lease Protection Act text quoted in the housing implied renewal calculator (checked 21 October 2026). Art. 10(4) for shops names only the landlord as the one who failed to give notice, so even if the tenant just keeps trading, the paragraph turns on whether the landlord gave notice (our reading). A tenant who does not want to continue can say so before the end, or give notice under paragraph 5 after the renewal.
Shops above the threshold — to the Civil Act
Art. 2(3) lists one by one the provisions that also apply to leases above the threshold (900 million won in Seoul etc.), and for Art. 10 it lists only paragraphs 1, 2 and the main text of 3. So a shop above the threshold can still use the renewal request 6 months to 1 month before the end (up to 10 years), but paragraph 4 (1-year renewal by the landlord’s silence) and paragraph 5 (tenant’s 3-month termination) do not apply (our reading). Civil Act Art. 639 fills the gap — if the tenant keeps using the premises after expiry and the landlord does not object within "a reasonable period", the lease is renewed on the same terms, but either party may give notice under Art. 635. Art. 635(2) item 1 says that for a building the notice takes effect after 6 months from the landlord or 1 month from the tenant.
Whether you are within the threshold is counted as deposit + rent × 100 (Act Art. 2(2), Decree Art. 2). In Seoul, a 100 million won deposit with 8 million won rent gives 100 million + 800 million = 900 million won, "within" the threshold (Decree Art. 2(1) item 1, "900 million won"); at 8.01 million won rent it is 901 million won and above (our sum). Area amounts and the sum are in the commercial converted deposit and 5% increase calculator.
Four sums — our examples
| Example (ours) | Dates | Notes (our sum) |
|---|---|---|
| Ends 31 March 2027, within threshold | Landlord’s window 30 Sep 2026 – 28 Feb 2027 → otherwise to 31 Mar 2028 | No 31st in September or February, so the last day |
| Ends 31 December 2026, within threshold | 30 Jun – 30 Nov 2026 → otherwise to 31 Dec 2027 | — |
| Tenant’s notice after renewal arrives 15 June 2027 | 3 months end 15 Sep 2027 → effective 16 Sep | First day excluded (Civil Act Art. 157) |
| Tenant’s notice after renewal arrives 29 November 2027 | 3 months end 29 Feb 2028 → effective 1 Mar | Counting from 30 November, there is no 30 February, so the last day (Art. 160(3)) |
For a shop above the threshold with notice arriving on the same 15 June 2027, a tenant’s notice runs 1 month to 15 July 2027 and takes effect on 16 July, and a landlord’s notice runs 6 months to 15 December and takes effect on 16 December (our sum). The text does not pin "6 months before" or "1 month before" to exact dates, so a notice near the edge is safer sent a few days early by a method that proves delivery, such as certified mail (our advice).
The tenant’s right to request renewal (10 years in total, eight grounds for refusal) is in the commercial lease renewal right post, and homes are in the housing implied renewal calculator.
Checklist
- ☐ The lease end date in the contract (under 1 year: Art. 9(1))
- ☐ Deposit + rent × 100 within the area threshold
- ☐ Did the landlord’s refusal or change notice arrive 6 months to 1 month before the end?
- ☐ To renew, request it within the same window (Art. 10(1))
- ☐ To leave after a renewal, give notice 3 months ahead (1 month above the threshold)
- ☐ Send notices in a way that proves delivery
Questions that remain
Can the landlord also terminate during the renewed year?
Art. 10(5) gives the right to give notice to "the tenant" only. For a shop within the threshold, this provision gives the landlord no termination. For a shop above the threshold, the proviso to Civil Act Art. 639(1) refers to "the parties" giving notice under Art. 635, so the landlord can give 6 months’ notice (our reading).
Does it renew again by silence after the year?
Para. 4 describes the case where the landlord gives no notice "within the period in paragraph 1" and sets no limit on how often. We assume you can enter the renewed end date and run the same sum (our reading). We did not read case law on whether implied renewals count toward the 10-year limit of Art. 10(2).
Does it renew by silence even if I am behind on rent?
Para. 4 has no exclusion for tenants in arrears like Art. 6(3) for homes. However, arrears reaching 3 terms of rent are a ground for the landlord to refuse a renewal request (Art. 10(1) item 1), and termination for arrears is in the rent arrears termination checker.
Sources
- Korea Law Information Center — Commercial Building Lease Protection Act Arts. 2, 9 and 10 — source (current text, in force 12 May 2026, Act No. 21083; checked 11 November 2026). Provisions applying above the threshold, terms under 1 year, the renewal window (6 months to 1 month before), 10 years and same terms, 1-year implied renewal, the tenant’s 3-month termination.
- Korea Law Information Center — Enforcement Decree Art. 2 — source (current text, in force 1 July 2026, Presidential Decree No. 36423; checked 11 November 2026). Area deposit amounts and rent × 100.
- Korea Law Information Center — Civil Act Arts. 157, 159, 160, 161, 635 and 639 — source (current text, in force 17 March 2026, Act No. 21454; checked 11 November 2026). Start, end, calendar counting and holidays for periods; notice for leases without a fixed term (buildings: 6 months from the lessor, 1 month from the lessee); implied renewal.
- Not read. Case law (on delivery of notice, "a reasonable period", and implied renewals versus the 10-year limit), whether Art. 161 applies to the notice period, guidance from the Commercial Building Lease Dispute Mediation Committee, and the extent of the overcrowding control zone (Annex 1 of the Seoul Metropolitan Area Readjustment Planning Act Decree — set out in the converted deposit calculator).
- What we added. Reading shops above the threshold into the Civil Act, the date sums (same date, last day of month), the examples, the home-versus-shop table, and the notes column.
Where to check further
- Commercial Building Lease Dispute Mediation Committee — disputes over notice and termination.
- Korea Legal Aid Corporation — advice on implied renewal of shops above the threshold.
Written on 11 November 2026. The provisions are quoted from the source; the reading and the sums are ours.
