I think I have been the victim of semi-jeonse rental fraud. Will I be able to get my deposit back..?

If you suspect semi-jeonse rental fraud, the first thing to check is to distinguish whether this is a lease dispute or a fraud-risk situation in which recovering the deposit is structurally impossible.

A semi-jeonse contract is a combined form of jeonse and monthly rent, but with respect to protecting the deposit, the tenant's rights become the key issue, the same as with jeonse.

The problem is that there are not a few cases where, although everything appeared normal at the time of the contract, returning the deposit is in fact difficult due to the landlord's financial condition or the security structure.

When determining whether semi-jeonse rental fraud has occurred, the investigative authorities and the court comprehensively examine the following factors.

-Whether excessive mortgages or provisional attachments had already been set at the time of the contract

-Whether the landlord was in a state of being unable to return the deposit

-Whether problems of failing to return deposits repeatedly arose with the same building or with other tenants

-Whether the risk factors were not disclosed to the tenant or false explanations were given

-Whether the structure for receiving monthly rent was operated separately from the return of the deposit

If these circumstances are confirmed, there is a possibility that it will be assessed as a structure in which fraud or deception, beyond a lease dispute, becomes an issue.

If the risk of semi-jeonse rental fraud materializes, the tenant may be exposed to the following combined risks.

-Nonreturn of all or part of the deposit at the end of the contract

-Loss of the deposit by being pushed to a junior priority when an auction or public sale proceeds

-A situation where, due to the landlord's lack of assets, execution is difficult even after obtaining a civil judgment

-A dispute over overdue rent and the problem of returning the deposit arising at the same time

In particular, in the case of semi-jeonse, the obligation to pay monthly rent and the problem of returning the deposit are intertwined, so if the tenant misses the right time to respond, they may end up at a disadvantage.

In a situation where semi-jeonse rental fraud is suspected, it is important to respond in the following order.

-Organizing basic materials such as the lease contract, the certified copy of the register, and the timing of the mortgage registration

-Checking whether opposing power and the right of priority reimbursement have been secured

-A realistic review of the possibility of returning the deposit

-Reviewing legal means such as contract termination, an order to register the right of lease, and preservative measures

Rather than waiting vaguely, it is important to proactively examine the legal measures that can be taken at the current stage.

Our firm provides comprehensive real estate legal advice in relation to semi-jeonse rental fraud and deposit-return disputes, including analysis of the lease structure, civil and criminal responses, and auction and execution procedures.

We recommend obtaining a professional review at an early stage, before the problem becomes prolonged.