Regarding the tenant's eviction, will filing a building eviction lawsuit definitely resolve it?

Hello. This is an attorney specializing in real estate at Daeryun Law LLC.

If the tenant refuses to move out and is even in arrears on rent despite the expiration of the lease, this must be very difficult and frustrating for you.

As in your situation, if the tenant does not voluntarily move out even though the contract has ended or grounds for termination have arisen, the problem can ultimately only be resolved through the legal procedure of a building eviction lawsuit.

A building eviction lawsuit is a lawsuit in which the lessor demands surrender of real property that the lessee is occupying without authorization, based on grounds such as ownership or termination of the lease.

An important point is that acts such as the lessor personally removing the tenant's belongings or changing the locks can instead result in liability for a tort.

Forcibly evicting a tenant without a court judgment is not permitted, so you must go through the building eviction lawsuit procedure.

For a building eviction lawsuit, you can first demand that the tenant move out through a certified content-proof mail, but if voluntary move-out still does not occur thereafter, it is advisable to file the building eviction lawsuit.

If voluntary move-out still does not occur, you file the building eviction lawsuit with the competent court.

At this time, it is common to also join a claim for the overdue rent.

Once the judgment becomes final, you can, based on the judgment, go through compulsory execution procedures and, in the presence of an execution officer, clear the tenant's belongings and complete the eviction.

Before filing a building eviction lawsuit, you may also preserve the right to claim the transfer of possession through an application for a provisional disposition ordering surrender of the real property, so we recommend finding an appropriate response measure through a consultation with an attorney specializing in real estate.

Daeryun Law LLC, based on extensive litigation experience in real estate lease disputes, systematically represents clients throughout the entire process, from a building eviction lawsuit to compulsory execution.

We help you recover your rights promptly without unnecessary waste of time, so if you are considering litigation, we recommend that you receive guidance on specific response measures through a consultation.