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Landlord asked ₩600,000 a month? The law caps it at ₩500,000

When a deposit is converted to monthly rent in a lease you already hold, the law caps the rate at the lower of 10% a year and the Bank of Korea base rate + 2%. That is 5.00% today with the base rate at 3.00% (August 27, 2026). Releasing ₩120M of deposit caps the rent at ₩500,000 a month; asking ₩600,000 exceeds it by ₩100,000. The excess is void and can be claimed back.

Rules as of 2026-10-08 · Sources: MOLEG statutes · ministry notices

Conditions used in the video

Deposit converted to rent
₩120M
Rent the landlord proposed
₩600,000
Bank of Korea base rate
3.00% (raised 2026-08-27, from 2.75%)
Conversion cap
min(10% a year, base rate + 2%) = 5.00%

Results

Legal cap (₩120M × 5% ÷ 12)
₩500,000 a month
Excess in the ₩600,000 proposal
₩100,000 a month · ₩1.2M a year reclaimable
Cap through August 26 (4.75%)
₩475,000 a month (₩25,000 less than now)
Cap when only ₩24M is converted
₩100,000 a month
Renewal increase cap (Art. 7 · fixed)
5%, a different rule from the 5.00% conversion cap (variable)

At a glance

The cap rate is the lower of two

Base rate 3.00% as of August 27, 2026. As long as the base rate stays under 8%, the second is always lower.

  • 10% a year10%
  • Base rate 3.00% + 2%5.00%

Why it works this way

The landlord proposes turning jeonse into monthly rent: release ₩120M of the deposit in exchange for ₩600,000 a month. It is hard to answer on the spot because there is no benchmark for what is fair. But there is one. The law writes a cap, and on these terms it is ₩500,000 a month. ₩600,000 is over it. And this cap changed on August 27, the day the Bank of Korea raised its base rate. Why a tenancy cap moves because of the central bank is today's story.

Turning deposit into monthly rent is called rent conversion, and the Housing Lease Protection Act caps the rate. People call it the 'jeonse-to-monthly conversion rate', but that phrase is not in the law. What the law fixes, precisely, is the rate you may not exceed when converting deposit to rent during an existing lease, so it does not apply everywhere. Four steps: ① when does the cap apply, ② how is it calculated, ③ why did it change in August, ④ what happens if it is exceeded.

Step one: scope. The article governs 'converting all or part of the deposit into monthly rent'. That means continuing a lease in the home you live in while shifting deposit to rent, typically at renewal. There are three boundaries. ① It does not apply to a home you are newly renting: new-lease rent is set by the market, and a listing priced above this calculation is not illegal. ② It does not apply in reverse: the rate for turning monthly rent into deposit is not set by this article. ③ It is a ceiling, not a market price. Agreeing below the cap is always allowed. Miss these boundaries and you get two errors: calling a new-lease rent illegal, or treating the cap as the fair price. The cap is a line not to cross, not a number to charge.

The cap = deposit released × cap rate ÷ 12

The same formula whether all or part of the deposit is converted. The cap rate is the lower of two values.

  1. Deposit released₩120M
  2. × cap ratemin(10%, base rate 3.00% + 2%) = 5.00%
  3. = ₩6M a year ÷ 12₩500,000 a month is the legal cap
  4. Proposed ₩600,000₩100,000 a month over

Convert only ₩24M and the cap is ₩24M × 5% = ₩1.2M a year, ÷ 12 = ₩100,000 a month.

Step two: the calculation. The cap is the lower of two rates. One is 10% a year. The other is the Bank of Korea base rate plus 2% a year, as the Decree provides. With the base rate at 3.00% the second is 5.00%, and the lower of 10% and 5%, which is 5.00%, is today's cap. As long as the base rate stays under 8% the second is always lower, so in practice the base rate sets the cap. On the opening example: ₩120M × 5% = ₩6M a year, ÷ 12 = ₩500,000 a month. Ask ₩600,000 and ₩100,000 a month is over the cap.

Converting ₩120M of deposit

The legal cap is ₩120M × 5.00% ÷ 12. Agreeing below the cap is always allowed.

  • Landlord's proposal₩600,000
  • Legal cap₩500,000

Step three. On August 27, 2026 the Bank of Korea raised the base rate from 2.75% to 3.00%, and that day the tenancy cap moved with it, from 4.75% to 5.00%. For the same ₩120M, the cap through August 26 was ₩475,000 a month; now it is ₩500,000, a ₩25,000 difference. When the base rate rises, the ceiling on what a tenant can be charged rises; when it falls, the ceiling comes down. So a conversion calculation must carry a date. Today's 5.00% assumes the 3.00% base rate of August 27, 2026. When you receive a conversion proposal, first check the base rate as of that day. It is on the front page of the Bank of Korea website.

Step four: what if you agreed above the cap? Two provisions apply. One is the mandatory-law clause (Art. 10): any agreement that violates this Act to the tenant's disadvantage is void, even if it is written in the contract and signed. The other is the refund claim (Art. 10-2): rent paid above the cap can be claimed back, as the article itself provides. On the opening example that is ₩100,000 a month, ₩1.2M a year. Still, claiming money back from the landlord of the home you live in strains the relationship, so the best moment is not after signing but at the table when the proposal is made. Someone who sits down knowing the cap is ₩500,000 and someone who does not will end the same negotiation on different numbers.

One more thing. Conversion proposals often arrive with a renewal, and then 5% appears twice. Raising the deposit or rent at renewal also has a 5% cap (Art. 7), and that is a different rule from the 5.00% conversion cap (Art. 7-2). The 5% increase cap is fixed by statute and local governments can lower it by ordinance. The conversion cap moves with the base rate and merely happens to be 5% right now. If the base rate fell to 2.5%, the conversion cap would become 4.5% while the increase cap stayed at 5%. When a renewal includes a conversion, both rules apply: the increase cap sets how much can be raised, the conversion cap sets the conversion rate. Lump the two together and the numbers come out wrong. And both rules concern continuing the current lease. Move to a new home and neither applies.

Two things to do now. ① If you received a conversion proposal, multiply the deposit being released by 5% and divide by 12. The result is today's cap. ② Check the base rate on the day you calculate; this video's numbers are as of August 27, 2026. Today covered only the typical residential case: commercial leases fall under a different law with a different rate, and individual disputes turn on their facts, so get professional advice when the amount is large. The gap between ₩600,000 and ₩500,000 came from one article of law, not from bargaining power.

The legal basis

Drawn from government announcements and the statutes themselves as primary sources, covering only the relevant part.

주택임대차보호법 제7조의2

In force In force (Act No. 21065, effective 2026-01-02 · checked 2026-08-29)

When all or part of a deposit is converted into monthly rent, the rent may not exceed the deposit multiplied by the lower of the rate set by Presidential Decree and the Bank of Korea base rate plus the rate set by Presidential Decree.

What this means

The article governs conversion during a lease. It does not apply as such to new-lease rent or to rent-to-deposit conversion, and the cap is a line not to cross, not a market price.

주택임대차보호법 시행령 제9조

In force The 2% a year in force since 2020-09-29 (previously 3.5%) · current Decree effective 2026-07-01 (checked 2026-08-29)

The rate under paragraph 1 is 10% a year; the rate under paragraph 2 is 2% a year.

What this means

Cap = min(10%, base rate + 2%). As long as the base rate stays under 8%, the base-rate side is always lower, so in practice the base rate sets the cap: 5.00% with the base rate at 3.00% (2026-08-27).

주택임대차보호법 제10조 (강행규정)

In force In force (checked 2026-08-29)

Any agreement that violates this Act to the tenant's disadvantage is void.

What this means

Signing at a rent above the cap does not make that part enforceable. 'You signed, so it's done' does not hold here.

주택임대차보호법 제10조의2 (초과 차임 등의 반환청구)

In force In force (checked 2026-08-29)

A tenant who has paid rent above the rate under Art. 7-2 may claim a refund of the excess.

What this means

The ₩100,000 a month between the ₩600,000 proposal and the ₩500,000 cap is money you can ask back, ₩1.2M over a year.

Run it on your own numbers

The calculator opens with these conditions already filled in. Change the figures and your own case comes straight out.

Open the Rent Increase Cap Calculator

Frequently asked

A home I am about to rent costs more than this calculation. Is that illegal?

No. The cap applies only **when deposit is converted to rent during a lease you already hold**. New-lease rent is set by the market, and a listing priced above this calculation is not illegal.

Does the same rate apply when turning monthly rent into deposit?

No. The article governs converting deposit into monthly rent; the rate for the reverse direction is not set by this article.

I already signed at a rent above the cap. Is it over?

No. An agreement that violates this Act to the tenant's disadvantage is void (Art. 10), and rent paid above the cap can be **claimed back** (Art. 10-2). On the opening example that is ₩100,000 a month, ₩1.2M a year.

Is the 5% at renewal the same as the 5% conversion rate?

Different rules. The 5% renewal increase cap (Art. 7) is fixed by statute and can be lowered by ordinance. The 5.00% conversion cap (Art. 7-2) moves with the base rate and merely happens to be 5% now. If the base rate fell to 2.5%, the conversion cap would be 4.5% and the increase cap would stay at 5%.

What happens when the base rate changes?

The cap moves with it. When the base rate rose from 2.75% to 3.00% on August 27, 2026, the cap went from 4.75% to 5.00%, and the cap on the same ₩120M went from ₩475,000 to ₩500,000 a month. A conversion calculation must carry a date.

Results are estimates based on the inputs and on the rules as at the stated date. They may differ from a lender's actual assessment, and the rules change often. Take professional advice before any decision that matters.