
If your jeonse deposit is not returned, end the lease clearly by notice, then use a lease registration order, a payment order or lawsuit, and compulsory execution. If you must move first, leave only after lease registration under Housing Lease Protection Act, Article 3-3 is complete, to keep your priority rights.
A lease does not end automatically when the term passes. Keep evidence of your notice that you will not renew, and if you must move first, leave only after confirming that the lease registration has been entered.
"There is no new tenant yet" is not a reason to delay repayment. We carry the case through a payment order or lawsuit, provisional attachment, and compulsory execution, and a Law Firm Yulmaru attorney handles it personally from the start.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
We check the end date and senior rights
We complete the termination notice and lease registration
We file a payment order or a return lawsuit
We seize the landlord's assets and put them to auction
| Current situation | First step |
|---|---|
| More than 2 months remain before expiry | Give notice that you will not renew and keep proof of receipt |
| Expiry passed without notice and the lease renewed | Give notice of termination; the lease ends 3 months later |
| The lease has ended but you must move | Apply for a lease registration order and move only after confirming registration |
| The landlord avoids contact or may dispose of assets | Apply for provisional attachment of the landlord's assets |
| The house has gone to auction | Check the deadline for demanding distribution and your ranking, then file a demand for distribution |
Basis: Housing Lease Protection Act, Articles 6, 6-2, and 3-3
The first step a busan jeonse deposit lawyer takes is to send notice, at least 2 months before expiry, that you will not renew, by certified letter and text so that delivery is on record (Housing Lease Protection Act, Article 6(1)). Without notice, the lease is treated as renewed for 2 years on the same terms. If the deposit is still not returned after expiry, proceed with a lease registration order, a payment order or return lawsuit, and provisional attachment.
Move your registration out only after confirming the lease registration is entered on the registry certificate. Once the lease registration is complete, you keep the opposability and priority repayment right you already had even if you later move your registration or vacate (Housing Lease Protection Act, Article 3-3(5)). You can claim the registration costs from the landlord (the same Article, paragraph 8).
A tenant with move-in registration, delivery, and a fixed date stamp is repaid from the auction proceeds ahead of junior right holders (Housing Lease Protection Act, Article 3-2(2)). If the deposit is small, a set portion can be paid even ahead of senior mortgage holders (the same Act, Article 8), and the Enforcement Decree sets that range by region. You must file a demand for distribution before the deadline, so check the dates on the court notice first.
Yes. When you apply to auction the leased house on an enforceable title such as a deposit return judgment, the auction can start without you vacating first (Housing Lease Protection Act, Article 3-2(1)), but to receive the distribution you must deliver the house to the buyer (the same Article, paragraph 3). We also consider execution against the landlord's other real estate or bank deposits.
The landlord who wants to deduct must prove that the damage is the tenant's responsibility and how much it costs. It is generally held that a tenant need not restore ordinary wear from normal use, so photos at move-in and move-out and the special terms in the contract become the evidence. That is why undisputed amounts go to a payment order and disputed deductions go to a lawsuit.
A criminal complaint alone will not bring the deposit back. If the landlord signed the lease with no ability or intent to repay from the start, a fraud complaint can be considered, but civil steps such as lease registration, a return lawsuit, and auction must run alongside it. If you are designated a jeonse fraud victim, we also check whether you qualify for support under the Special Act on Support for Victims of Jeonse Fraud and Housing Stability.