1. Introduction
The law firm Cheongchul(Attorney in charge: Bae Gi-hyung) dealt with a case where, despite the lease agreement having ended, the landlord insisted that returning the deposit was difficult due to not being able to find a “new tenant.” On behalf of the tenant, a letter stating the scheduled legal procedures and their effects due to non-return of the deposit was sent, and by consulting directly with the landlord, it was resolved to receive the full amount of the security deposit returned at the agreed time without separate litigation.
In cases where the amount of the rent (deposit) is large, it is common to use that deposit to pay for the deposit of a new house or the balance due on purchase, therefore, whether the deposit can be returned in a timely manner is very important, making it most effective to find such a resolution before litigation.
2. Background of the Case
The client is a tenant who signed a housing lease agreement for a 330 million won deposit and had been residing there. After renewing the contract, they decided to move to a new house. The client therefore notified the landlord of the intent to terminate the contract in advance and requested the return of the deposit in accordance with the moving date.
However, the landlord stated that “they have not yet found a new tenant” and “the existing deposit can only be refunded once the new tenant's deposit is received,” making it clear that returning the deposit was difficult. As a result, the client faced a significant disruption in paying the balance for the new house and the overall moving schedule.
3. Legal Issues (Key Grounds and Issues of Cheongchul)
The law firm Cheongchul sought various legal measures based on the information that could be confirmed through the lease agreement if the landlord delayed returning the deposit, and sent a persuasive letter based on the results and effects to encourage the landlord to choose to secure funds to return the security deposit in a timely manner.
Through direct communication with the landlord afterward, the landlord was persuaded to choose a method to secure funds for the deposit, and during this process, we selected a method that posed the least risk to the tenant to realistically achieve a “timely” return of the deposit.
4. Significance (Meaning of this Case)
This case well illustrates that disputes over the tenant’s security deposit do not necessarily have to be resolved by filing a lawsuit or obtaining a ruling.
Especially when the tenant has already decided to move, it is extremely important to receive the deposit back in a ‘timely’ manner to be used for the deposit of a new house or to cover the balance due on a purchase, emphasizing the substantial need to resolve issues before litigation.
The law firm Cheongchul confirmed that simply clarifying the legal structure of the lease relationship and the scope of the landlord's responsibility at the letter stage can yield practical results.
The law firm Cheongchul does not merely recommend formal legal procedures but believes it is important to design the fastest and most efficient resolution, focusing on the client's actual schedule and property risks.
If you are struggling with deposit return issues after the termination of your lease agreement, we advise you to consider whether a more strategic response is possible before litigation. If you need assistance, please feel free to contact the law firm Cheongchul at any time.
