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Q

If I file a lawsuit for the return of a deposit, can I recover all of it?

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I run a small self-employed business. However, I intend to move my shop in order to change my line of business. Although the lease term has expired, I am unable to get my deposit back on the ground that a new tenant has not been found. If I file a lawsuit for the return of a deposit, can I recover all of it? What should I do to recover the deposit?

lawsuit for the return of a deposit

A

Answer to Related Inquiry

Hello. We will provide guidance regarding a lawsuit for the return of a deposit.

Although we cannot know your situation in detail, if you have not received your deposit even though the lease contract has expired, in most cases you can recover it through a lawsuit for the return of a deposit.

However, depending on whether the tenant has secured a preferential right to reimbursement, the details may vary slightly.

A preferential right to reimbursement arises when the tenant meets several requirements, and it is the right to be reimbursed the deposit in preference to the lessor's creditors.

A preferential right to reimbursement is acquired when, after taking delivery of the building, the tenant applies for business registration to obtain opposing power and obtains a fixed date on the lease contract.

However, even if you hold a preferential right to reimbursement, when you file a lawsuit for the return of a deposit, detailed pleadings and evidence operate in a complex manner, so an appropriate response is important.

In particular, because resolution through a lawsuit takes cost and time, it is important to judge well depending on the situation.

If you would like detailed guidance regarding a lawsuit for the return of a deposit, we recommend that you seek the advice of an attorney.

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