Successful Case of Applying for a Housing Leasehold Registration Order…
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1. Summary
Due to defects in the leased property, the client was planning to terminate the lease contract and move out. However, upon hearing from the landlord that the security deposit cannot be returned, the client approached KORUS LAW for legal assistance.
2. Our Role
We first attempted to resolve the matter by way of dispatching a contents-certified letter of warning addressed to the landlord. However, while the landlord acknowledged the defects in the leased property, the landlord consistently responded that returning the security deposit would be burdensome due to his current financial situation and remained unresponsive to further discussion. Therefore, proactive legal action was sought in a timely manner.
Specifically, the client was entitled to exercise the highest priority repayment right as a small tenant with opposing power and a fixed date. In the event that an auction was initiated for the leased property of the landlord who was in a state of excess debt, the client would be in a situation where his right to full deposit return could be preserved. However, due to defects in the leased property, the client had to relocate his place of residence. To prepare for the loss of opposing power due to loss of possession, the client immediately proceeded with the application for a residential lease registration order.
As a result, the client obtained the decision ruling for the residential lease registration order and took steps to register the residential lease to maintain opposing power. The tenant will be able to exercise the highest priority repayment right for return of the full deposit once the auction process for the leased property is initiated in the future.
3. Significance
A tenant who has not yet received his deposit back upon the expiration of the lease contract should be wary of becoming a victim of the recently prevalent rental fraud.
We are capable of handling a variety of real estate cases, and with our involvement, tenants can seek remedies. Please reach out to us for professional help.
Due to defects in the leased property, the client was planning to terminate the lease contract and move out. However, upon hearing from the landlord that the security deposit cannot be returned, the client approached KORUS LAW for legal assistance.
2. Our Role
We first attempted to resolve the matter by way of dispatching a contents-certified letter of warning addressed to the landlord. However, while the landlord acknowledged the defects in the leased property, the landlord consistently responded that returning the security deposit would be burdensome due to his current financial situation and remained unresponsive to further discussion. Therefore, proactive legal action was sought in a timely manner.
Specifically, the client was entitled to exercise the highest priority repayment right as a small tenant with opposing power and a fixed date. In the event that an auction was initiated for the leased property of the landlord who was in a state of excess debt, the client would be in a situation where his right to full deposit return could be preserved. However, due to defects in the leased property, the client had to relocate his place of residence. To prepare for the loss of opposing power due to loss of possession, the client immediately proceeded with the application for a residential lease registration order.
As a result, the client obtained the decision ruling for the residential lease registration order and took steps to register the residential lease to maintain opposing power. The tenant will be able to exercise the highest priority repayment right for return of the full deposit once the auction process for the leased property is initiated in the future.
3. Significance
A tenant who has not yet received his deposit back upon the expiration of the lease contract should be wary of becoming a victim of the recently prevalent rental fraud.
We are capable of handling a variety of real estate cases, and with our involvement, tenants can seek remedies. Please reach out to us for professional help.