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Is there an eviction lawsuit attorney? How should an eviction lawsuit be carried out?

I own an apartment jointly with my spouse and lease it to a tenant on a monthly rent basis. However, the tenant has not paid rent or maintenance fees for several months and is not answering my calls. I even sent a content-certified mail requesting that they vacate, but it was returned. Because the loss seems likely to grow too large to keep waiting, I am considering a tenant eviction lawsuit, and I am curious about the procedure by which an eviction lawsuit is carried out and whether I can also recover the overdue rent and maintenance fees. If there is an eviction lawsuit attorney, please help me..

Eviction lawsuit attorney

Answer to Related Inquiry

Author: 고병준

An eviction lawsuit is a procedure in which, when a tenant continues to occupy the dwelling even though the lease has ended, the landlord seeks eviction and delivery through the court.

As in the matter you raised, where rent and maintenance fees have been unpaid for a long time and the tenant avoids contact, you can consider an eviction lawsuit.

The first important point is whether there are grounds on which the lease can be lawfully terminated.

Under the Civil Act, where the rent in a building lease has been in arrears for two or more periods, the landlord can terminate the contract.

If rent has already been unpaid for several months, there is a strong possibility that the legal requirements for terminating the contract have been met.

The fact that the content-certified mail was returned does not make the lawsuit impossible.

Because the objective fact of breach of contract, namely rent arrears, itself constitutes a ground for termination, the landlord's right of termination is not limited even if the tenant deliberately refuses to receive the document.

When filing an eviction lawsuit, you can claim not only the delivery request that the dwelling be vacated but also, together, an unjust enrichment amount equivalent to the rent up to the day of actual delivery, and the full amount of the unpaid maintenance fees.

Through this, you can also seek recovery of your monetary loss at the same time as the eviction.

The procedure generally proceeds in the following order: ① occurrence of grounds for terminating the contract → ② request to vacate and manifestation of intent to terminate → ③ filing of the eviction lawsuit → ④ pronouncement of judgment → ⑤ compulsory execution if necessary.

However, because an eviction lawsuit is a procedure in which several legal issues must be organized together, such as the lawfulness of the termination, the calculation of the overdue amount, and the monetary claim up to the point of delivery, the initial response is very important.

In the preparation stage, you should, together with an eviction lawsuit attorney, systematically organize the lease agreement, the records of unpaid rent and maintenance fees, the content-certified mail materials, and the like for the eviction lawsuit to proceed smoothly.

If you are experiencing difficulty exercising your property rights due to the tenant's unauthorized occupation, we recommend, before the matter worsens further, examining the most appropriate response direction in the current situation through a consultation with an eviction lawsuit attorney.