I think I've been a victim of semi-jeonse fraud. Can I get my deposit back..?

Hello. This is a real estate specialist attorney from Daeryun Law Firm.

If you suspect semi-jeonse fraud, the first thing to check is whether it is a lease dispute or a fraud risk situation where deposit recovery is structurally impossible.

Semi-jeonse contracts are a combined form of jeonse and monthly rent, but regarding deposit protection, the tenant's rights are the key issue, the same as jeonse.

The problem is that even if it appeared normal at the time of contract, in reality, it is not uncommon for deposit return to be difficult due to the landlord's financial condition or collateral structure.

Investigative agencies and courts comprehensively examine the following factors when judging whether semi-jeonse fraud has occurred.

-Whether excessive collateral mortgages or provisional seizures were already set at the time of contract

-Whether the landlord was in a state of being unable to return deposits

-Whether deposit non-return problems repeatedly occurred to other tenants in the same building or to others

-Whether risk factors were not disclosed to the tenant or false explanations were given

-Whether the monthly rent collection structure was operated separately from deposit return

If these circumstances are confirmed, it may be evaluated as a structure where fraud or deception is problematic beyond a lease dispute.

If the risk of semi-jeonse fraud materializes, tenants may be exposed to the following complex risks.

-Full or partial non-return of deposit at the end of contract

-Deposit loss occurring due to being pushed to lower priority during auction or public sale

-Difficulty in execution even after receiving civil judgment due to landlord's insufficient assets

-Monthly rent overdue disputes and deposit return problems occurring simultaneously

In particular, in the case of semi-jeonse, monthly rent payment obligations and deposit return problems are intertwined together, so missing the response timing may put the tenant at a disadvantage instead.

In situations where semi-jeonse fraud is suspected, it is important to respond in the following order.

-Organizing basic materials such as lease contract, certified copy of registry, collateral mortgage setting timing

-Confirming whether opposing power and priority repayment rights are secured

-Realistic review of deposit return possibility

-Reviewing legal means such as contract termination, tenant rights registration order, and preservation measures

Rather than vaguely waiting, it is important to proactively check the legal measures that can be taken at the current stage.

Our firm provides comprehensive real estate legal consulting on semi-jeonse fraud and deposit return disputes including lease structure analysis, civil/criminal response, and auction/execution procedures.

We recommend receiving professional review at the early stage before the problem becomes prolonged.