CONTENTS
- 1. The Client Who Requested Help From an Eviction Lawsuit Lawyer
- - What Is an Eviction Lawsuit?
- 2. Eviction Lawsuit Lawyer: Preparing the Lawsuit for Delivery of the Building
- - Eviction Lawsuit 1. Arguing the Defendant's Breach of Lease Contract Obligations
- - Eviction Lawsuit 2. Arguing That Notice of Contract Termination Was Given
- 3. Result of the Eviction Lawsuit Lawyer's Assistance: Successful Delivery of the Building
1. The Client Who Requested Help From an Eviction Lawsuit Lawyer
This is the account of the client who requested assistance from the attorney specializing in eviction lawsuits.
The client, who was considering an eviction lawsuit, is a landlord leasing a commercial building, and requested a consultation, stating that the tenant had not paid rent for about six months.
The client accordingly sent a certified mail demanding that the tenant hand over the commercial premises. However, the tenant avoided contact and continued to occupy the building.
As the prolonged problem increased the client's financial burden, the client, while looking into solutions, learned that an eviction lawsuit was the most appropriate means of response.
The client subsequently entrusted the case to Daeryun LLC, which has handled numerous eviction lawsuit cases.
What Is an Eviction Lawsuit?
🔗A real estate eviction lawsuit is a civil lawsuit filed to demand the delivery (return) of real estate from a possessor when that possessor is occupying the property without legitimate authority.
In simple terms, it is a legal procedure for recovering a building you own when another person is occupying it without permission.
Representative eviction lawsuits are as follows.
▶Where a tenant does not vacate even after the lease has ended
The lessor may file an eviction lawsuit against the tenant to demand the return of the building.
▶Where an unauthorized possessor (illegal occupant) occupies the building
The owner may demand delivery of the building on the ground that the possessor has no title.
It is best to proceed with an eviction lawsuit as promptly as possible.
This is because, even when an eviction lawsuit proceeds quickly, actual delivery usually takes more than six months.
If the lessor relies on the tenant’s words that ‘rent will be paid soon’ and delays a response for a long time, losses equivalent to the rent continue to accumulate in the meantime.
Therefore, beginning to consider an eviction lawsuit immediately from the point at which the tenant starts to fall into arrears is a sensible way to minimize losses.
2. Eviction Lawsuit Lawyer: Preparing the Lawsuit for Delivery of the Building
The eviction lawsuit attorney began preparing in earnest for the suit seeking delivery of the building.
First, the attorney drafted a detailed complaint to prove that the defendant tenant was in unlawful possession.
The complaint set out, in concrete and clear terms and in accordance with the legal requirements, the parties' information, the relief sought, the grounds for the claim, the description of the real estate, and the supporting evidence, and it was then submitted.
Eviction Lawsuit 1. Arguing the Defendant's Breach of Lease Contract Obligations
The attorney specializing in eviction lawsuits first emphasized that a valid lease agreement had been concluded between the client and the defendant.
The client concluded a lease agreement for the commercial building, setting a deposit and monthly rent, as of June 1, 2023, and subsequently delivered the building to the defendant.
However, the defendant failed to pay the monthly rent for the past six months, which constitutes a clear breach of the lease agreement obligations.
To establish this, the attorney specializing in eviction lawsuits submitted all key evidentiary materials, including the commercial lease agreement, the certified copy of the real estate register, and the account transaction statements.
Eviction Lawsuit 2. Arguing That Notice of Contract Termination Was Given
The eviction lawsuit attorney emphasized that the client had clearly notified the termination of the lease agreement.
The client notified the defendant of the intention to terminate the agreement through a certified content document, and the defendant accordingly bears a legal obligation to deliver the building.
The eviction lawsuit attorney submitted the original certified content document and the postal delivery certificate as evidence, proving that the client's notice of termination had been given lawfully.
3. Result of the Eviction Lawsuit Lawyer's Assistance: Successful Delivery of the Building
As a result of the litigation handled by the attorney specializing in eviction lawsuits, the court rendered a judgment ordering the defendant to deliver the building.
An eviction lawsuit may appear to be merely a procedure demanding that the occupant move out, but proving the grounds for termination of the contract and the unlawfulness of the occupation becomes the key issue.
If the lessor misses the timing of the demand to vacate or fails to properly secure evidence, the lessor may lose the case or the litigation may be prolonged.
In addition, because there is a possibility that the lessee may file a counterclaim or respond with measures such as a provisional injunction prohibiting the transfer of possession, a legal response is necessary.
Where the property rights relationship is complex or where the application of the Commercial Building Lease Protection Act is at issue, more careful review is required.
At Daeryun Law Firm, specialized attorneys who have handled numerous eviction lawsuit cases provide the following legal services.
-Review of the requirements for terminating the lease contract and advance notice to vacate
-Drafting the complaint for an eviction lawsuit and litigation representation
-Filing a provisional injunction to prevent the transfer of possession
-Handling the compulsory execution procedure after judgment
-Concurrent claims for unjust enrichment and damages
Watch related video content
for this case study.
Review the terms and procedures of the Myeongdo lawsuit
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.
