Landlord Says They Won't Return Deposit When Renewing Jeonse Lease in Seoul... What Should I Do?
It's one month before the jeonse lease expires, and the landlord says, "I'll only return part of your existing deposit until I find a new tenant." They're offering just 100 million won out of the 300 million won deposit... Please advise on what to do legally, or whether we should go straight to court.
8 answers
This is completely illegal, isn't it? You absolutely have to get your deposit back. If you just take 100 million won and move out, you'll be in for trouble later.
First, send a formal demand letter via certified mail, requesting the return of your deposit as of the contract expiration date. If they don't pay, you can proceed with a lawsuit for the return of the lease deposit. It's also worth trying to apply for mediation before going to court. It may take time, but it's a sure way.
Well... I could wait until the landlord finds a tenant, like they said, but in the meantime there's no interest and it's nerve-wracking. Just try negotiating on the terms of a contract renewal. Or ask the broker to find someone quickly.
Lol, only 100 million out of the 300 million deposit? Isn't that insane? Lolol, guess we're going to court.
I've had the same experience. When I sent a formal legal notice a month before the contract expired, they immediately went into negotiation mode. Actually, going to court is rare; most cases end in a settlement. Just firmly make it clear that you intend to take legal action.
Whoa... with all the jeonse fraud chaos going on these days, there are landlords like this too. Be careful. Legally, the principle is that the full deposit must be returned when the contract expires, so make sure you get every penny back in the end.
I'm not sure about the source, but legally speaking, if the deposit isn't returned when the contract expires, interest must be paid as well. However, before jumping straight to a lawsuit, get a consultation first. I'd recommend using free legal consultation.
I disagree. It's not that they'll return only part of it—saying 'until we find a tenant' means you'd be stuck there in the meantime. Actually, if you move out under that condition, the landlord might not bother helping you find a new tenant later. Add a special clause to the contract, set a deadline, and negotiate.