Monthly Rent Deposit Return Lawsuit Favorable Judgment Case | With Daeryun's Assistance, Winning the Monthly Rent Deposit Return Lawsuit and Recovering the Full Deposit

The client in this case, who requested assistance with a monthly rent deposit return lawsuit, decided to file suit against the landlord.

This was because the defendant did not return the monthly rent deposit even though the lease had ended.

While living in the apartment at issue, the client experienced defects such as the floor lifting and the wallpaper tearing, and gave notice of termination as of the expiration date of the lease term.

The defendant consented to the termination of the contract but did not return the monthly rent deposit to the client, stating that the defendant had no money to return.

Accordingly, to recover the monthly rent deposit, the client came to Daeryun Law Firm and requested assistance with a monthly rent deposit return lawsuit.

When a lease ends, including upon the expiration of the lease term, the landlord has an obligation to return the deposit to the tenant.

- Supreme Court, Decision of January 19, 1988, 87Daka1315

Housing Lease Protection Act Article 3-2 (Recovery of the Deposit)

Where a tenant applies for an auction pursuant to a final judgment in a lawsuit claiming the return of the deposit on the leased house or pursuant to another comparable execution title, the performance or tender of the counter-obligation shall not be a requirement for commencement of execution, notwithstanding Article 41 of the Civil Execution Act, which concerns the requirements for commencement of execution.

Housing Lease Protection Act Article 3-3 (Order for Registration of the Lease Right)

Where the deposit has not been returned after the lease has ended, the tenant may apply for an order for registration of the lease right to the district court, the district court branch, or the city or county court having jurisdiction over the location of the leased house.

Preparation Before Securing an Execution Title

1. Sending content-certified mail : to demand the return of the deposit

2. Applying for a provisional attachment : for the purpose of preserving compulsory execution against the landlord's movable or immovable property

The client had intended to renew the contract, but defects occurred in the apartment at issue.

Even though the client requested the defendant to repair the defects, the defendant avoided doing so with various excuses, and the repairs were not carried out.

Accordingly, the client gave notice of termination of the contract as of the expiration date of the lease term.

On the expiration date of the lease, the plaintiff informed the defendant that the plaintiff had no intention to renew the contract.

The defendant likewise consented to this.

Afterward, the defendant delayed the return of the deposit despite the client's demands, stating that the defendant had no deposit to return.

Because the lease has ended, the defendant, the landlord, has an obligation to return the monthly rent deposit to the plaintiff, the tenant, simultaneously with receiving the apartment back from the plaintiff.

The case above was an instance in which the client was able to recover the monthly rent deposit after winning a monthly rent deposit return lawsuit.

If you have been unable to recover your deposit even though the lease has ended, filing a lawsuit to recover the deposit is generally the most effective approach.

If you are facing difficulty because you have been unable to recover a deposit, as in the case above, you may visit Daeryun Law Firm to obtain assistance with a monthly rent deposit return lawsuit.