CONTENTS
- 1. The Client Who Sought Out the Jinju Real Estate Attorney
- - The Circumstances of the Lease Dispute Case
- 2. Relevant Statutes Explained by the Jinju Real Estate Attorney
- 3. Three Forms of Support From the Jinju Real Estate Attorney
- - Real Estate Attorney's Support 1. The Contract and Supporting Evidence
- - Real Estate Attorney's Support 2. Use of Legal Grounds
- - Real Estate Attorney's Support 3. The Landlord's Intent to Return
- 4. Result of the Jinju Real Estate Attorney's Support, “Full Return”
- - When You Have Not Received Your Lease Deposit Back
1. The Client Who Sought Out the Jinju Real Estate Attorney
The Jinju real estate attorney's client decided on a real estate lawsuit to recover a deposit, and with the support of a real estate attorney at the Jinju branch office with abundant experience in real estate cases, succeeded in recovering the full deposit.
The Circumstances of the Lease Dispute Case
The Jinju real estate attorney's client was living in an apartment in Jinju under a jeonse lease.
However, because the client was moving to another area, the client requested a 🔗termination of the contract from the landlord two months before the lease expired.
However, the landlord only repeated that the deposit could not be returned unless there was a new tenant.
Even though the client kept trying to make contact, the landlord began to avoid the client's calls.
In the end, the client, who had not recovered the deposit even after the lease term had passed, requested support from the Jinju real estate attorney and decided to pursue litigation.
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2. Relevant Statutes Explained by the Jinju Real Estate Attorney
Like the Jinju real estate attorney's client, if you have not recovered your deposit even after the lease has ended, you can apply for an order to register the leasehold.
▶ What Is an Order to Register a Leasehold?
If the tenant moves out, this effect is lost, making it difficult to recover the deposit.
Accordingly, a tenant who must move out while the deposit has not been returned can protect the deposit through an order to register the leasehold.
It is a system that allows the tenant to move freely while maintaining the effect of the Housing Lease Protection Act.
▶ The Effects of Leasehold Registration
After an order to register the leasehold is carried out, the effects are as follows.
① Maintenance of opposing power and the right to preferential reimbursement
If a tenant has actually resided in the housing and completed resident registration, the tenant is regarded as having acquired opposing power and the right to preferential reimbursement over the housing.
Even if this effect is lost due to moving out, if the tenant has applied for leasehold registration, that effect can be maintained.
Accordingly, the tenant can receive preferential reimbursement of the unreturned deposit.
② Acquisition of opposing power and the right to preferential reimbursement
Even if the tenant has not acquired opposing power and the right to preferential reimbursement, the tenant can acquire them through leasehold registration.
③ Exclusion of the right to top-priority reimbursement of a small deposit
To prevent unexpected harm to tenants, a tenant who leases after an order to register the leasehold cannot receive preferential reimbursement of a small deposit.
When you become embroiled in a lease dispute, the legal procedures may feel complicated.
Rather than resolving a legal dispute alone, seeking the support of a Jinju real estate attorney to resolve the case smoothly can be helpful.
3. Three Forms of Support From the Jinju Real Estate Attorney
The Jinju real estate attorney analyzed judgments similar to the client's case and formed a task force of attorneys with abundant experience in real estate cases to establish a strategy.
Based on this strategy, the attorney made the following arguments.
Real Estate Attorney's Support 1. The Contract and Supporting Evidence
The client had kept the lease contract as well as the jeonse deposit transfer records, the content of conversations with the landlord, and more.
Based on this, evidence favorable to the client could be prepared.
The attorney argued that, because there was evidence that the client had actually resided in the housing and had paid the deposit in full, the return of the deposit was justified.
Real Estate Attorney's Support 2. Use of Legal Grounds
The client notified the landlord of the move-out two months before the lease expired.
Even though the client had given advance notice of the move-out, the landlord continued to make the excuse that there was no money to return.
The attorney argued that there were legal grounds requiring the landlord to return the deposit to the tenant.
Real Estate Attorney's Support 3. The Landlord's Intent to Return
Before preparing for litigation, the client made continuous contact with the landlord seeking an amicable resolution.
After the contract ended, the landlord showed conduct that deceived the client, such as cutting off contact or posting photos of a trip on social media.
The attorney argued that the landlord had no intent to return the deposit and that the client's deposit should be legally protected.
4. Result of the Jinju Real Estate Attorney's Support, “Full Return”
The court, which accepted the Jinju real estate attorney's arguments, issued a judgment ordering the return of the full deposit and also imposing the litigation costs on the defendant.
The client, who had suffered emotionally from the landlord's cutting off of contact, expressed deep gratitude to the Jinju real estate attorney.
When You Have Not Received Your Lease Deposit Back
This was the case of a client who had not received a lease deposit but was able to have the full claim granted with the assistance of a Jinju real estate attorney.
A lease deposit is a right that a tenant is legally guaranteed, but because of the complex legal procedures involved, you may feel that it is difficult to resolve on your own.
At Daeryun Law Firm, attorneys with extensive experience in such real estate cases conduct legal review and case-law analysis according to each client's case.
If you are facing concerns over a lease deposit, we recommend obtaining the assistance of a real estate attorney through a 🔗legal consultation appointment.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
