Recently, many tenants are struggling with the notice from the landlord that "the next tenant must move in to return the deposit" at the end of the lease. In this post, we will summarize the concept and effect of the immediate response measure, the application for a Tenant Rights Registration Order, to be taken when you do not receive your deposit back on time, along with key points about things tenants should absolutely avoid to protect their deposits.
[Table of Contents]
Key points to notify the landlord when the deposit is not returned
What is the 'Tenant Rights Registration Order' that landlords fear the most?
[Caution] Actions to absolutely avoid before the deposit is returned
Ways to recover the deposit when moving without Tenant Rights Registration
Consultation on deposit return solutions by Cheongchul
1. Key points to notify the landlord when the deposit is not returned
If the landlord is delaying the payment of the deposit by saying they are waiting for the next tenant, it is dangerous to wait aimlessly. The longer the delay, the worse the landlord's financial capability to pay may become.
Cheongchul advises tenants to clearly state their intentions as follows.
Notification content: "If the deposit is not returned by the due date, I will immediately file for Tenant Rights Registration Order."
Additional claims: "I will claim for all delayed interest and legal costs arising thereafter through legal proceedings."
Such a firm legal response warning can psychologically pressure the landlord, prompting them to prioritize repayment.
2. What is the 'Tenant Rights Registration Order' that landlords fear the most?
Tenant Rights Registration Order is a powerful system that allows tenants to maintain their existing right of action and priority claim, even if they move out without receiving their deposit.
The reason this system is deadly for landlords is that the record of 'Tenant Rights Registration' will be documented in the registration of the property. Once the fact that the deposit has not been returned is stated in the registry, it becomes extremely difficult to find a new tenant, forcing landlords to actively prepare the deposit to prevent this.
3. [Caution] Actions to absolutely avoid before the deposit is returned
There are principles that tenants must adhere to in order to protect their deposit. If you have not received your deposit back in full or the Tenant Rights Registration is not completed, you should refrain from the following actions.
Do not share the front door password: Do not inform the landlord or real estate agency of the password in advance.
Do not move out: Losing possession of the property may eliminate your right of action, making it difficult to protect your deposit. You must ensure the registration is completed before moving out.
4. Ways to recover the deposit when moving without Tenant Rights Registration
What should you do if you have already moved out without applying for Tenant Rights Registration? Even if you may have lost your right of action, your claim for deposit return still remains. Therefore, you can directly request the return of the deposit from the landlord, who is the counterparty of the contract.
However, in reality, landlords who do not return deposits often lack financial capacity, so it is safest to either subscribe to The Housing and Urban Guarantee Corporation (HUG)'s guarantee insurance in advance or utilize the Tenant Rights Registration Order system to establish a legal safety net.
Do not miss the golden time to protect your precious lease deposit. If you are suffering from conflicts with your landlord, the Cheongchul Law Firm provides practical legal solutions to help clients regain their rights. From Tenant Rights Registration Orders to claiming legal costs, please contact the Cheongchul Law Firm whenever you need expert assistance.
This post has been written for the purpose of providing legal information, and legal judgments may vary depending on specific circumstances.
