Assistance by a Gangneung Real Estate Attorney | Gangneung Attorney Secures Full Return of a Real Estate Deposit

Through consultation with the client, the Gangneung real estate attorney gained a detailed understanding of the facts.

Five years earlier, the client had entered into an initial four-year lease and had then extended it by one year through an oral agreement, living in the jeonse home.

Then, beginning six months before the expiration of the contract, the client consistently communicated that there was no intention to renew the contract.

However, the landlord only said that, because the property was encumbered by a 🔗mortgage, the sale could not be resolved, and gave only vague responses about terminating the contract.

At present, the landlord could not even be reached.

The client therefore requested a consultation at the Gangneung office, saying that he wished to find a way to terminate the contract and recover the deposit.

To recover the deposit, you can file a lawsuit for the return of the lease deposit.

However, in order to file a lawsuit for the return of the deposit, the lease agreement must first be terminated.

This is because, once the lease agreement is terminated, under the Housing Lease Protection Act the tenant must return the leased house and the landlord becomes obligated to return the deposit.

In the client's case, because the contract had been extended orally, the client was in a state of implied renewal.

In this case, pursuant to Article 6-2 of the Housing Lease Protection Act, the tenant may notify the landlord of the termination of the contract at any time.

Furthermore, such a notice takes effect 3 months after the date it is received.

Therefore, in a situation like the client's, one can file a lawsuit seeking the return of the lease deposit so that the landlord becomes obligated to return the deposit from the point 3 months after the date the landlord is served with the complaint.

The defendant disappeared without clearly determining the lease term, agreed renewal, and similar matters with the client.

Accordingly, the Gangneung real estate attorney explained that, because the defendant was in a state of having disappeared, there was no choice but to file this lawsuit for the return of the deposit.

Under the Housing Lease Protection Act, in the case of an implied renewal, the tenant may notify the lessor of termination of the contract at any time, and the termination takes effect 3 months after the notice is received.

Accordingly, the attorney argued that, once 3 months had passed from the date the defendant received this complaint, the defendant had to deliver the real estate to the client and return the entire deposit.

This was a case in which a client who had to keep living in the property because the landlord disappeared before the contract expired requested the assistance of a real estate attorney at the Gangneung office.

Daeryun Law Firm analyzes the client's situation accurately and establishes a case response strategy suited to it.

If you are facing difficulties with a 🔗lease contract dispute as described above, please 🔗schedule a legal consultation with a Gangneung real estate attorney.