[Uijeongbu Real Estate Attorney Success Case] Uijeongbu Real Estate Attorney Wins a Lawsuit for Return of a Lease Deposit

The client who came to the Uijeongbu real estate attorney had not been able to recover the jeonse deposit from the landlord even though the lease had ended.

From several months before the contract ended, the client had notified the landlord of the intent to terminate the contract through text messages and other means.

However, the landlord continued not to answer the client's contact and, even at present, long after the contract had ended, had not returned the deposit.

The client, who had become distressed by the practical difficulties of not recovering the deposit, came to Daeryun's Uijeongbu real estate attorney to file a lawsuit for return of a lease deposit.

■ Legal basis for the case explained by the Uijeongbu real estate attorney

▶ When a lease ends, the lessee bears the obligation to return the leased house and other obligations in accordance with the contents of the lease contract, and the lessor bears the obligation to return the lease deposit. (Civil Act, Article 536)

▶ Even when a lease ends, the lease relationship is deemed to continue until the lessee recovers the deposit, so the lessor and the lessee retain the rights and obligations under the lease contract as they are. (Housing Lease Protection Act, Article 4 (2))

▶ The lessee, while bearing the obligation to pay rent, holds a defense of simultaneous performance that allows refusal to deliver the leased house until the deposit is returned, and the lessor, while holding the right to claim rent, holds a defense of simultaneous performance that allows refusal to pay the deposit until the leased house is delivered. However, even if the lessee does not perform the counter-obligation of delivering the leased house, the lessee may commence compulsory execution once a title of execution is obtained.(Housing Lease Protection Act, Article 3-2 (1), and Civil Execution Act, Article 41)

▶ Where the lessee terminates the lease contract midway, it is not easy to recover the lease deposit, and where the lessor does not return the deposit even though the lease has ended, the lessee should not move out until the deposit is returned, in order to maintain the opposing power and the right of preferential reimbursement. (Supreme Court Decision 2007Da54023, March 13, 2008)

The Uijeongbu real estate attorney argued that the client had sent a certified notice stating that the client had moved out of the jeonse house and had completed preparations for delivery, and requesting the return of the deposit.

On the day the lease contract ended, the client removed all belongings from the house and had completed all preparations to deliver it to the landlord.

However, the landlord gave no response to the certified notice, and the client was compelled to file a lawsuit for return of a lease deposit.

Daeryun's Uijeongbu real estate attorney submitted the certified notice the client sent to the landlord and the record of text messages as reference materials.

The Uijeongbu real estate attorney argued that the client had expressed the intent to terminate the contract to the landlord several months in advance.

As the contract end date of the jeonse house approached, the client continuously conveyed the intent to terminate the contract to the landlord through calls and text messages from several months in advance.

However, the landlord gave no response to the client, avoided contact, and had not returned the client's deposit up to the present.

The client who came to the Uijeongbu real estate attorney had not been able to recover the lease deposit from the landlord and wished to file a lawsuit for return of a lease deposit.

In response, Daeryun's Uijeongbu real estate attorney formed a working team of Uijeongbu attorneys specializing in real estate with extensive experience in lawsuits for return of a deposit and assisted with the case.

As a result, the court accepted the Uijeongbu real estate attorney's argument, and the client was able to recover the full jeonse deposit from the landlord.

If there is anyone who, like the client above, wishes to file a lawsuit for return of a lease deposit, you may consult with the Uijeongbu real estate attorney of Daeryun Law Firm.