Daegu Real Estate Attorney | Prevailing in a Building Delivery Lawsuit Against a Tenant Who Had Long Failed to Pay Rent

2024.11.28고병준

The Daegu real estate attorney represented a client who came seeking assistance because a tenant had long failed to pay rent. The attorney filed a building delivery lawsuit and prevailed.

1. The Client's Situation

This is the account of a client who sought assistance from the Daegu real estate attorney.

The client was the owner of a building. The client explained that one of the tenants had asked, citing personal circumstances, whether the tenant could be replaced with another person.

The client explained that they had granted the request and entered into a new lease agreement.

However, the client explained that the replacement tenant had long failed to pay rent and also refused to vacate.

The client sought assistance from the Daegu real estate attorney, explaining that the tenant was making absurd claims.

The Tenant's Claims as Reviewed by the Daegu Real Estate Attorney

Before assisting with the client's case, the Daegu real estate attorney reviewed the facts of the case concerning the claims made by the tenant said to be making absurd assertions.

The tenant claimed that the client had deceived them, resulting in substantial interior renovation costs, and that the client had left trash at their premises.

In addition, the tenant claimed that the client had misrepresented important aspects of the lease agreement, such as the parking area, and asserted that the tenant therefore did not have to pay rent and would not vacate.

2. The Certified Content Mail Sent by the Daegu Real Estate Attorney

First, the Daegu real estate attorney sent certified content mail to the defendant on the client's behalf.

The certified content mail contained a request to vacate the building within one month.

Although certified content mail has no legal force, sending it can be helpful because it can create psychological pressure and can be used as evidence in court.

3. The Building Delivery Lawsuit Pursued by the Daegu Real Estate Attorney

After sending the certified content mail on the client's behalf, the Daegu real estate attorney decided to file a building delivery lawsuit.

A building delivery lawsuit is a lawsuit filed when a tenant, despite being asked to vacate, does not leave and continues to occupy the building without authorization.

The Daegu real estate attorney filed the building delivery lawsuit, asserting the following.

Daegu Real Estate Attorney: “The Defendant Is in Arrears on 12 Months of Rent”

The Daegu real estate attorney emphasized that the tenant, that is, the defendant, was in arrears on 12 months of rent.

The client was also paying the defendant's utility bills on the defendant's behalf. According to the terms of the lease agreement in this case, if the tenant fails to pay rent amounting to two months, the agreement may be terminated.

Accordingly, the client requested that the defendant vacate, yet for the following 10 months the defendant continued to fail to pay rent and refused to vacate.

Daegu Real Estate Attorney: “The Interior Renovation Costs Were Already an Agreed Matter”

The Daegu real estate attorney emphasized that the interior renovation costs claimed by the defendant had already been an agreed matter.

Just before entering into the contract with the defendant, the client had disclosed that interior renovation was necessary because of water leakage caused by rain, and had also disclosed that the premises were in a dirty condition because the previous tenant had not cleared away trash.

The defendant then stated that they would handle the interior renovation on their own, and so this lease agreement was entered into after such agreement.

Accordingly, the Daegu real estate attorney emphasized that the defendant's claim was without merit and did not need to be examined.

4. The Judgment Obtained by the Daegu Real Estate Attorney

Having heard the Daegu real estate attorney's argument, the court ruled in the client's favor.

The court not only ordered the defendant to vacate the client's building and deliver the building to the client, but also ordered the defendant to bear all costs incurred in the lawsuit.

The client, who had been troubled by the defendant who occupied the building and refused to vacate, expressed gratitude, saying that with the assistance of the Daegu real estate attorney the client could now rest easy.

If you find yourself in a troubling situation like that of the client in this case, it is recommended to obtain a real estate 🔗attorney referral and to seek assistance with a building delivery lawsuit.

대구부동산전문변호사 | 장기간 월세 납부하지 않은 임차인 상대 건물인도소송 승소

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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