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What should I do when a tenant does not pay rent? Can I file an eviction lawsuit?
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My tenant does not pay rent and will not leave the property, and it is driving me to distraction. What should I do when a tenant does not pay rent? I would like to know what legal procedures or measures a landlord can take when a tenant is in arrears on rent or fails to pay it. I have heard that I can file a building delivery lawsuit, or an eviction lawsuit. Is that correct?
Eviction lawsuit
Answer to Related Inquiry
Author: 고병준
If a tenant does not pay rent, the landlord can resolve the problem in several ways. Rent arrears constitute a breach of an important obligation under the lease agreement.
1. Sending a content-certified mail
If a tenant does not pay rent, the landlord may formally notify the tenant to pay the rent through a content-certified mail before filing an eviction lawsuit.
A content-certified mail has no legal effect, but it can be used as a warning about the breach of the lease agreement and as key evidence.
If the tenant still does not pay after receiving the content-certified mail, you should prepare to take legal action.
2. Provisional attachment and eviction lawsuit
If a tenant continuously fails to pay rent, you can carry out compulsory execution against the tenant through legal procedures.
A provisional attachment is intended to secure the tenant's property so that it cannot be concealed, and a building eviction lawsuit is filed to obtain legal assistance when a tenant does not vacate.
If you wish to have the tenant forcibly evicted, you can file an eviction lawsuit with the court and proceed to have the tenant removed.
In addition, the unpaid rent can be recovered through debt collection. If the conflict with the tenant becomes serious and legal procedures are necessary, it is advisable to consult a legal professional.
An attorney specializing in real estate provides professional advice on contract review and legal responses, and offers guidance on the best approach a landlord can take.
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