From return of deposit for rent and monthly rent, notification of move-in to lawsuit and compulsory execution

Recently, cases of not receiving the deposit for rent or monthly rent are increasing. Looking at the status of real estate applications for lease registration orders posted on the court registration information plaza, the number of applications filed as of October this year is 52,430. This is about 10,000 higher than the 42,278 recorded during the same period last year.

A lease registration order is a system that a tenant applies to the court when the deposit is not returned from the landlord even though the contract has ended. Through this, the tenant can maintain the right to return the deposit and the right to priority repayment even if he or she moves.

To avoid being involved in problems related to the return of the deposit, you need to be careful from the time you sign a contract for a house. After examining the loan and deposit held by the landlord through a copy of the register, etc., it is necessary to determine whether or not the landlord has the ability to return it. After signing the contract, it is better to immediately file a move-in report and apply for a fixed date to obtain priority repayment rights, and sign up for lease guarantee insurance from the Housing and Urban Guarantee Corporation (HUG).

If you do not wish to renew, you must notify your landlord of your intention to vacate at least 6 months to 2 months prior to the expiration date. At this time, it is important to keep records of phone calls or text messages. In the case of phone calls, it is a good idea to secure a recording of the call, and in the case of text messages, it is best to secure a reply confirming that the landlord has confirmed the contents of the text message. In some cases, a certificate of contents containing the contract expiration details may be sent.

If the deposit has not been returned by the end of the contract, you can apply for a lease registration order or, in some cases, take legal action such as a payment order or civil lawsuit. At this time, if you receive help from an expert based on the data obtained previously, you will be able to proceed with the lawsuit more advantageously.

In some cases, there are landlords who do not return the money even if they win a lawsuit to return the deposit. In this case, the deposit must be recovered by carrying out compulsory execution procedures based on the favorable judgment. The landlord can dispose of the house owned by a real estate auction or continue to return the deposit through bond or movable property seizure. However, because the issues and aspects of each individual case are different, the documents and measures required are also different. Therefore, it is also a good idea to prepare execution procedures based on thorough preparation and strategy with the help of experts.

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