CONTENTS
- 1. Background of the Case Handled by the Daejeon Real Estate Attorney
- - The Client's Situation
- 2. Case-Related Knowledge Explained by the Daejeon Real Estate Attorney
- 3. Assistance Provided by the Daejeon Real Estate Attorney
- - The Daejeon Real Estate Attorney's Argument | Termination of the Lease Agreement
- - The Daejeon Real Estate Attorney's Argument | Prolonged Rent Arrears
- 4. Result of the Daejeon Real Estate Attorney's Assistance
1. Background of the Case Handled by the Daejeon Real Estate Attorney
The client had decided to resolve the matter through litigation because the tenant had continuously failed to pay rent.
To obtain legal assistance, the client sought out an attorney in Daejeon with substantial experience in real estate litigation.
The Client's Situation
The client is a building owner who owns a commercial property.
The client explained that, a year earlier, a tenant had entered into a lease agreement at the client's building and was running a self-operated business there.
From the beginning of the lease, the tenant reportedly showed unreliable conduct, such as delaying or forgetting the rent payment dates.
Then, from about five months earlier, the tenant stopped paying rent altogether and avoided the client's calls, breaching the lease agreement, the client explained.
When the rent was ultimately more than five months in arrears, the client sent a certified-content letter announcing termination of the lease, but the tenant still did not vacate.
The client then decided to resolve the matter through trial and sought legal assistance from a Daejeon real estate attorney.
2. Case-Related Knowledge Explained by the Daejeon Real Estate Attorney
If a lease agreement is entered into for a commercial building, as in the client's case, it is governed by the Commercial Building Lease Protection Act, commonly abbreviated as the Commercial Building Lease Act.
If a tenant is in arrears on rent, management fees, or other charges specified in the lease agreement for three or more periods, the lessor may terminate the agreement under the Commercial Building Lease Protection Act.
In the client's case, rent had already gone unpaid for several months, so the lease agreement could be terminated on that ground.
If the tenant fails to vacate without authorization even after the lease agreement has been terminated, the matter can be resolved through a 🔗real estate eviction lawsuit.
The relevant statute is as follows.
If the amount of a tenant's rent arrears reaches the equivalent of three periods of rent, the lessor may terminate the agreement.
When a dispute such as rent arrears or termination of a lease agreement arises in connection with commercial real estate, careful review of the relevant law and knowledge of the procedures are required, so consulting an attorney can be helpful.
3. Assistance Provided by the Daejeon Real Estate Attorney
The Daejeon real estate attorney closely reviewed the legal issues in the client's lawsuit and conducted the representation so that the client could recover the building without difficulty.
The Daejeon Real Estate Attorney's Argument | Termination of the Lease Agreement
When the rent arrears continued for more than five months, the client sent a certified-content letter terminating the lease agreement, and the tenant received it by mail.
Because the certified-content letter stating the termination of the lease agreement was delivered to the tenant, the lease agreement can be regarded, in legal terms, as having been completely terminated at that point.
The Daejeon real estate attorney emphasized that, because the lease agreement had been terminated, the tenant's continued use of the commercial property amounted to unauthorized occupation.
The Daejeon Real Estate Attorney's Argument | Prolonged Rent Arrears
From the beginning of the lease agreement, the tenant had shown unreliable conduct, such as failing to meet the rent payment dates, and over the most recent five months had stopped paying rent altogether.
The Daejeon real estate attorney emphasized that the tenant had excessively breached the lease agreement and requested delivery of the building.
4. Result of the Daejeon Real Estate Attorney's Assistance
Accepting the Daejeon real estate attorney's argument, the court issued a judgment ordering that the building be delivered to the client and that the defendants also bear the litigation costs.
This was a case in which assistance in a lawsuit led to a favorable judgment against a tenant who had not vacated even though the lease agreement had been terminated for rent arrears.
When pursuing a real estate eviction lawsuit over a commercial building in this way, precise legal analysis of the lease agreement is required, so an attorney's assistance is especially important.
At Daeryun, attorneys experienced in real estate carefully review the lease agreement, recent precedents, the relevant statutes, and other matters to provide tailored solutions for the client's lawsuit.
If you are facing a related issue, please seek assistance through 🔗attorney referral.
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