Busan real estate lawyer, "Disputes over return of rental deposits are increasing, legal measures must be taken to receive the deposit."

Recently, in the real estate market, apartment prices in Seoul and Busan are showing a downward trend every day due to loan regulations and the burden of property taxes.

According to the legal community, the number of situations where tenants are unable to receive their rental deposits back from landlords is increasing as the 'reverse rental crisis' occurs due to the decline in housing prices. A lawyer from Daeryun Law Firm's real estate team said, "Recently, due to the impact of social issues such as COVID-19, it has become difficult for landlords to raise funds, and the damage suffered by tenants is increasing due to non-return of deposits." He added, "In order to get the deposit and deposit back at the end of the contract, a careful review of the law will be necessary before the lease contract."

In relation to this, he said, "You must obtain a priority repayment right by receiving a move-in report and a confirmed date immediately after signing the lease contract," and added, "Priority right to repayment is a means of receiving repayment of the deposit with priority over a secured creditor who has established a right of lease, mortgage, or provisional seizure, etc., as subordinate to the property in question." He then explained, “The debt relationship between the landlord and the tenant must be officially confirmed by clearly stating the intention to terminate the lease through proof of contents at least one month before the expiration of the contract.”

In general, methods for receiving a return of the rental deposit include sending a certificate of contents, applying for a lease registration order, applying for a payment order, filing a lawsuit requesting the return of the rental deposit, and compulsory auction. Among these, △When applying for a lease registration order, you can keep the deposit because you can maintain the right to preferential repayment even if you move. △Applications for payment orders can be judged solely upon the tenant's application, and if no objections are filed within two weeks of the payment order, compulsory execution such as seizure or auction may be used. △You can recover the deposit and deposit through a lawsuit requesting the return of the rental deposit. Experts explain that if you win, you can charge the landlord for legal fees, including rent, interest on delay, and attorney fees, so you can proceed without financial burden. If the amount to be refunded is less than 30 million won, you can get a judgment in a short period of time under the Small Claims Trial Act.


In addition, a lawyer from the real estate team said, "In the case of real estate disputes, including lawsuits for refund of deposits, legal rights are complex. Finding a legal assistant who can effectively utilize various legal means will be of great help in resolving the problem."

Meanwhile, Daeryun Law Firm provides legal services in the field of construction and real estate, including return of real estate (house, commercial) rental deposits, lawsuits related to redevelopment and reconstruction, and local housing lawsuits, in the metropolitan area and Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju, focusing on its office in Seocho-gu, Seoul (Seocho-dong).

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