Ilsan Law Office | Full Recovery of the Deposit Achieved with the Help of the Ilsan Law Office

The client entered into an apartment jeonse lease with the landlord for a deposit of 350 million won and a contract term of two years.

Several months before the lease expired, the client informed the landlord that the lease would not be renewed and then looked for a place to move to.

The client then found a good property and, after paying the down payment, entered into a jeonse lease for the new home.

However, as the expiration date approached, the landlord notified the client that a new tenant had not been found and that the deposit could not be returned immediately, so the client had to give up the move.

In addition, the client became unable to recover the jeonse down payment already paid for the new home, the moving company contract cost, and the move-in cleaning fee.

Housing Lease Protection Act, Article 3

When the deposit has not been returned after the lease ends, the tenant may apply for an order to register the lease right to the district court, district court branch, or city or county court having jurisdiction over the location of the leased housing.

Housing Lease Protection Act, Article 4

Even after the lease term ends, the lease relationship is deemed to continue until the tenant receives the return of the deposit.

Civil Act, Article 393, Paragraph 2

A debtor is liable for damages arising from special circumstances only when the debtor knew or could have known of those circumstances.

Before the lease expired, the client had clearly communicated to the landlord the intention not to renew the lease. At that time, the landlord even replied to the text message containing this information.

Based on this evidence, the Ilsan law office argued that the return of the jeonse deposit should be carried out promptly.

After telling the existing landlord that the lease would not be extended, the client set out to find a property. The client then entered into a jeonse lease for a new home and paid a down payment of more than 20 million won. In addition, the client completed preparations for the move and the move-in cleaning.

However, contrary to plan, the existing landlord did not return the jeonse deposit, so the client became unable to move and suffered substantial losses. The Ilsan law office emphasized that compensation for these losses was also necessary.

There are many landlords who, even though the jeonse lease has ended, take the position that they cannot return the deposit immediately because a new tenant has not been found.

When a tenant has found a new home but cannot recover the deposit on time, the tenant can be left in a very difficult position.

In real estate matters in particular, many clients find even the related terminology difficult and feel burdened by litigation.

At Daeryun Law Firm, experienced real estate attorneys work to find solutions suited to each client's situation.

If you are involved in a lease-related dispute, please visit the Ilsan law office of Daeryun Law Firm and request a 🔗consultation.