Changwon Real Estate Specialist Attorney Assistance Case | Changwon Attorney Succeeds in Claiming the Full Real Estate Deposit

The real estate specialist attorney promptly conducted a consultation in order to closely examine the lease deposit that the client had not recovered.

The client therefore sought to pursue a lease deposit return lawsuit through the Changwon real estate attorney.

The real estate specialist attorney explained the lease deposit return lawsuit as follows.

As a general rule, the lease deposit must be returned to the tenant immediately upon the end of the lease contract, and the procedure by which a tenant who has not received the deposit even after the lease contract ends files a lawsuit to legally recover the deposit is precisely the 'lease deposit return lawsuit.'

The related statutes are as follows.

▣ Return of the Leased House and Return of the Lease Deposit (Civil Act, Article 536)

When a lease terminates, in accordance with the terms of the lease contract, the tenant bears obligations such as the duty to return the leased house, and the landlord bears the duty to return the lease deposit.

▣ Lawsuit Claiming Return of the Deposit (Housing Lease Protection Act, Article 3-2 (1))

- Where the landlord does not return the deposit even though the lease term has expired, the tenant may, regardless of whether before or after vacating the leased house, apply for an auction of the leased house based on a final judgment in a lawsuit claiming return of the deposit, and thereby recover the deposit.

- Where the deposit cannot be recovered through a simplified out-of-court procedure such as a payment order, the deposit may be recovered through litigation as a last resort.

Because the landlord's intent to return the deposit and financial condition could not be known with certainty, the Changwon attorney advised that an application for 'provisional attachment of real estate' was necessary to prevent the worst outcome.

The attorney also helped ensure that, as soon as the client received the full deposit, the application in the provisional attachment of real estate matter could be withdrawn and the execution released.

The client, as the tenant, clearly communicated to the landlord four months before the end of the contract that the client had no intention of renewing the lease contract.

By relocating the store elsewhere before the end of the contract, the client had already closed the business that had occupied the premises, and the premises were restored to their condition at the time of the initial lease.

The attorney argued that the landlord had also fully confirmed the restored condition, and submitted a recording of a telephone conversation with the demolition contractor as evidence.

As in the case above, real estate litigation involves complex procedures and required documents, so if a non-specialist responds inexpertly, recovery of the deposit can become difficult.

Receiving the help of a specialist with extensive experience in the relevant field is therefore a way to minimize losses.

Daeryun Law Firm operates a Construction and Real Estate Group, where attorneys holding the relevant specialist qualifications provide legal consultation so that clients can make more reasonable and informed choices from the client's perspective.

Daeryun has offices in regions across the country, so please make a reservation and visit a nearby location.