Tenant Eviction Lawsuit | Eviction Specialist Attorney Secures the Removal of a Tenant After Long-Term Nonpayment of Rent and Maintenance Fees

The most important issue in a tenant eviction lawsuit is whether the lease agreement was lawfully terminated.

The eviction lawsuit specialist attorney noted that, in this case, the tenant's arrears of rent already satisfied the requirements for termination of the contract.

According to Article 640 of the Civil Act, where, in the lease of a building or other structure, the amount of the lessee's overdue rent reaches the amount of rent for two terms, the lessor may immediately terminate the lease agreement.

The tenant in this case was in arrears for rent corresponding to four terms, so grounds for termination of the lease agreement under the law had already sufficiently arisen.

Article 640 of the Civil Act (Arrears of Rent and Termination)

In the lease of a building or other structure, where the amount of the lessee's overdue rent reaches the amount of rent for two terms, the lessor may terminate the contract.

The eviction lawsuit specialist attorney first compiled the lease agreement, the records of rent payments, the maintenance fee notices, and other materials to organize the facts of the arrears of rent and maintenance fees.

Through this, the attorney made clear that the tenant's arrears were not a temporary circumstance but a repeated and long-term nonperformance, and that termination of the contract was unavoidable, and set this as the starting point of the litigation.

Even in the situation where the certified mail was returned, the eviction lawsuit specialist attorney emphasized that the effect of termination of the contract arises from the arrears of rent alone.

That is, the attorney organized and argued before the court the legal principle that the lessor's right of termination cannot be restricted merely because the tenant intentionally avoided contact or did not accept the certified mail.

The eviction lawsuit specialist attorney further claimed that the tenant not only had an obligation to deliver the apartment to the client and his spouse but also had an obligation to pay unjust enrichment equivalent to the rent until the date of actual delivery, as well as the entire amount of the long-overdue maintenance fees.

Through this, the attorney constructed a litigation strategy directed not merely at removal but at also recovering the monetary loss.

An eviction lawsuit refers to a lawsuit in which, where a tenant continues to occupy a house, commercial premises, or the like even though the lease agreement has ended, the lessor seeks, through the court, the termination of possession (removal) and delivery.

It is mainly filed in situations where the lease agreement can no longer be maintained, such as long-term nonpayment of rent or maintenance fees, unauthorized possession after the expiration of the contract period, or breach of contract, and it is important in that it is a procedure for recovering property through the compulsory power of the court.

In particular, where a tenant avoids contact or ignores a demand to vacate, it is realistically difficult for the lessor to resolve the matter on his own, so an eviction lawsuit is often, in effect, the only means of resolution.

An eviction lawsuit proceeds in the following stages.

• Occurrence of grounds for termination or expiration of the lease agreement

Arrears of rent, expiration of the contract period, breach of contract, and the like

• Demand to vacate and expression of intent to terminate the contract

Demand for termination of the contract and delivery by means such as sending certified mail

Even if it is refused or returned, the grounds for termination themselves do not lapse

• Filing of the eviction lawsuit

A claim for delivery (eviction) of the building before the competent court

If necessary, the unpaid rent, maintenance fees, and unjust enrichment are claimed together

• Pronouncement of judgment

Determination of the obligation to deliver and the obligation to pay money

• Compulsory execution (if necessary)

Where the tenant does not vacate despite the judgment, the compulsory execution procedure proceeds

In an eviction lawsuit, the key is to precisely organize the lawfulness of the termination of the contract and the point at which the obligation to deliver arises.

To file an eviction lawsuit, it is important to prepare the following materials in advance.

• A copy of the lease agreement
  For confirming the lessor and lessee, the leased property, the rent, and the contract period
• Records of unpaid rent and maintenance fees
  Account transaction records, maintenance fee bills, and similar documents
• Materials related to the termination of the contract or the request to vacate
  A copy of the certified mail, the returned envelope, and text message or call records
• A certified copy of the real estate register
  To prove sole ownership by the lessor or joint ownership
• A copy of the identification document and family relationship records (in the case of joint ownership)

Organizing these materials systematically can directly affect the speed of the proceedings and the outcome of the judgment in an eviction lawsuit.

A tenant eviction lawsuit is a proceeding that requires contesting several legal issues at once, including the legality of the termination of the lease agreement, the requirements for rent arrears, and monetary claims up to the point of surrender.

In particular, when a tenant avoids contact or continues to occupy the property, the more emotionally the lessor responds, the greater the risk that the dispute will be prolonged.

The assistance of an attorney who specializes in eviction lawsuits plays a central role in conducting the litigation in a manner that precisely satisfies the legal requirements, thereby achieving both prompt surrender of the property and substantial recovery of losses at the same time.

If you are facing difficulties in exercising your property rights because of a tenant who has failed to pay rent or maintenance fees, please submit a 🔗request for a legal consultation from the earliest stage and review your response strategy through a professional consultation with a real estate specialist attorney.

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Tenant Eviction Lawsuits: Frequently Asked Questions From Lessors

Q. If a tenant eviction lawsuit takes a long time, how can I be compensated for the rent that accumulates in the meantime?