How many months of unpaid rent let a Korean landlord end the lease? Civil Act Article 640 answers in one line: in a lease of a building, when the tenant’s arrears reach two periods’ rent, the landlord may terminate. “Two periods” means two rent payments — for monthly rent, two months’ worth. And Article 652 says any agreement against this rule that is worse for the tenant has no effect. Enter the rent and the unpaid total to see whether it has reached two periods and, for a home, what that means for tacit renewal and renewal requests.
1. Once unpaid rent totals two months’ worth (2 periods), the landlord may terminate (Civil Act Art. 640).
2. A clause like “terminate after one missed month” is worse for the tenant and reads as void (Art. 652).
3. For a home, 2 periods of arrears blocks tacit renewal (Housing Lease Act Art. 6(3)) and is a ground to refuse renewal (Art. 6-3(1)1).
Checker
Updates as you type. A “period” is one rent payment (monthly here). The test is whether the unpaid total reaches two periods’ rent; it needn’t be two months in a row (our reading of “the amount in arrears”). Commercial leases have their own act, not checked here.
The articles
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Civil Act Art. 640 | In a lease of a building or other structure, when the tenant’s arrears reach two periods’ rent, the landlord may terminate the contract. | “May” — not automatic |
| Civil Act Art. 633 | Rent is payable at the end of each month for movables, buildings and building land, and at the end of each year for other land. | The default due date if nothing is agreed (ours) |
| Civil Act Art. 652 | An agreement contrary to Art. 640 and others that is disadvantageous to the tenant or sub-tenant has no effect. | Catches a one-period clause (our reading) |
| Housing Lease Act Art. 6(3) | Para. 1 (tacit renewal) does not apply to a tenant who has fallen into arrears reaching two periods’ rent or seriously breached other duties. | — |
| Housing Lease Act Art. 6-3(1)1 | The landlord may refuse a renewal request where the tenant has been in arrears reaching two periods’ rent. | “Has been” — a past fact (our reading) |
| Housing Lease Act Art. 10 | An agreement contrary to this Act that is disadvantageous to the tenant has no effect. | — |
Four sums — our example
| Rent and arrears (our example) | Two-period test | Worth noting (ours) |
|---|---|---|
| 500,000 won a month, two whole months unpaid — 1,000,000 | 2.0 — met | Landlord may terminate |
| 500,000 a month, 300,000 short each month for three months — 300,000 × 3 = 900,000 | 1.8 — not met, 100,000 short | A one-period clause has no effect |
| The same for four months — 300,000 × 4 = 1,200,000 | 2.4 — met | Needn’t be consecutive months |
| 800,000 a month, 1,200,000 unpaid in total | 1.5 — not met, 400,000 short | Arrears, not payments |
These results read “arrears reach two periods’ rent” as the unpaid total — our sum. Whether arrears are set against the deposit isn’t in these articles, so we left it out.
What “may terminate” means
Article 640 doesn’t say the lease ends by itself at two periods; it gives the landlord a right to terminate. How notice is given, when it takes effect and what happens if the tenant later pays in full aren’t in the article. Conversely, a clause terminating after one missed month is worse for the tenant than Article 640 and, under Article 652, reads as having no effect; for a home, Housing Lease Act Article 10 points the same way (our reading).
For a home, two more things follow
The Housing Lease Act uses the two-period test twice more. Tacit renewal: if neither side gives notice in the window before expiry, the lease is treated as renewed on the same terms, but not for a tenant in arrears reaching two periods (Art. 6(3)). Renewal requests: the landlord can’t refuse without good reason, but may refuse where the tenant has been in arrears reaching two periods (Art. 6-3(1)1). Note the wording differs slightly between the two.
What happens when expiry passes in silence is in tacit renewal calculator.
Checklist
- ☐ Check the due date in the contract (end of month if none)
- ☐ Compare the unpaid total with two months’ rent
- ☐ A one-period clause has no effect
- ☐ For a home, also Arts. 6 and 6-3
- ☐ Keep transfer records of months and amounts
Questions that remain
Is it two periods for shops too?
Commercial leases have their own act, which we didn’t check this time. This checker covers the Civil Act and the Housing Lease Act only.
Does paying everything off cancel the right?
Article 640 only says “when the arrears reach” and doesn’t deal with later payment. Ask Korea Legal Aid Corporation.
Sources
- Korean law database (law.go.kr) — Civil Act Arts. 633, 640, 652 — source (current text, effective 17 March 2026, Act No. 21454; checked 22 October 2026). Art. 640 arrears and termination (two periods), Art. 641 land leases, Art. 633 due date (buildings at month end), Art. 652 mandatory rules.
- Korean law database — Housing Lease Protection Act Arts. 2, 6, 6-3, 10 — source (current text, effective 2 January 2026, Act No. 21065; checked 22 October 2026). Scope, tacit renewal and the two-period exclusion, renewal refusal ground 1, mandatory rule.
- Not read. Case law; how and when notice of termination takes effect; the Commercial Building Lease Protection Act.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Korea Legal Aid Corporation — termination notice and deposit settlement.
- Housing Lease Dispute Mediation Committee — arrears and renewal disputes.
Written on 22 October 2026. The content is from the source; the glosses are ours.
