Lease Dispute Lawyer | What tenants and landlords each need to know

Lease Dispute | Three Common Fact Patterns

Lease disputes look different depending on who is asking for what. The remedy and the required documents differ significantly between a deposit claim, an eviction case, and a renewal/rent dispute.

Lease Dispute | Deposit Return Disputes

The most common lease dispute is a tenant who has moved out (or is ready to move out) but hasn't received the deposit back. The correct next step depends on whether the tenant has already vacated the unit or is still living there.

Why timing of move-out matters

A tenant who vacates the unit and transfers their registered address before receiving the deposit back loses the protected priority status (Art. 3) that came from registering residence at the address. Before moving out, a tenant in this position should apply for a lease registration order (임차권등록명령) from the court, which preserves the same priority even after moving (주택임대차보호법 제3조의3). Without this step, a tenant who already moved may still sue for the deposit, but loses leverage against other creditors of the landlord.

Payment order vs. full lawsuit

If the amount and due date are undisputed, a payment order (지급명령) is a faster, lower-cost route than a full civil suit — the landlord has 2 weeks to object, and if they don't, it becomes enforceable like a judgment. If the landlord disputes the amount owed (e.g., claims deductions for repairs or unpaid utilities), the case usually needs to proceed as an ordinary civil lawsuit where those deductions become the central issue.

Landlord's right to deduct from the deposit

Landlords are not required to return the deposit in full if the tenant caused damage beyond normal wear and tear, or left unpaid utility bills. However, the landlord bears the burden of specifying and proving each deduction; a landlord who simply withholds the whole deposit without itemizing risks default interest and litigation costs if the case goes to court.

Lease Dispute | Termination, Eviction, and Rent Arrears

Landlords cannot forcibly remove a tenant or change the locks on their own, even if rent hasn't been paid for months. Recovering possession lawfully requires terminating the lease first, then obtaining a court judgment.

When can a landlord terminate for unpaid rent

For residential leases, the Civil Act allows termination once the tenant's unpaid rent reaches an amount equal to two months' rent in total, not necessarily consecutive months (민법 제640조). For commercial leases, the threshold is three months' worth of unpaid rent under the Commercial Building Lease Protection Act (상가건물 임대차보호법 제10조의8). Sending a formal notice of termination is a necessary step before filing suit.

The delivery-of-possession lawsuit

Once the lease is terminated, the landlord must file a lawsuit for delivery of possession (건물인도청구소송) rather than attempting self-help remedies such as changing locks or removing belongings, which can expose the landlord to criminal liability for forcible obstruction of business or intrusion. Only after obtaining a final judgment can the landlord apply for enforcement (강제집행) through the court's execution officer.

What a tenant facing eviction can raise

A tenant facing an eviction suit can dispute whether the arrears actually reached the statutory threshold, argue that partial payments were unfairly rejected, or raise a right to retain possession if a security deposit is still owed by the landlord. These defenses do not stop the case automatically but can affect the outcome and timing.

Lease Dispute | Renewal Rights and Rent Increase Limits

Renewal disputes usually come from residential tenants who want to stay longer, or landlords who want the unit back for their own use or a rent increase beyond the legal cap.

The tenant's one-time renewal demand

A residential tenant may demand renewal of the lease for one additional 2-year term by notifying the landlord between 6 months and 2 months before the lease ends (주택임대차보호법 제6조의3). The landlord can refuse only on limited statutory grounds, such as the landlord's own intent to occupy the unit or the tenant's own arrears of two months' rent or more.

5% cap on rent increases at renewal

When a lease is renewed under the statutory renewal demand right, any rent or deposit increase is capped at 5% of the previous amount (주택임대차보호법 제7조). This cap does not automatically apply to a completely new lease negotiated after the tenant chooses not to exercise the renewal right.

Lease Dispute | Commercial Lease Disputes

Commercial tenants face different issues than residential tenants — particularly around premium (권리금) recovery and longer renewal periods, since a business's location often carries real economic value beyond the lease itself.

Renewal period up to 10 years

Commercial tenants can demand renewal for up to a total lease period of 10 years from the original start date, under conditions similar to residential renewal (상가건물 임대차보호법 제10조). This gives long-term business tenants more stability than the shorter residential renewal term.

Protecting the right to recover key money (권리금)

During the final months of the lease, a landlord generally cannot obstruct the tenant's attempt to receive premium money from a new incoming tenant, and doing so without a legitimate reason can expose the landlord to damages (상가건물 임대차보호법 제10조의4). Disputes here often turn on whether the landlord's refusal to negotiate with the incoming tenant was justified under one of the statutory exceptions.

Lease Dispute | From Initial Consultation to Resolution

Lease Dispute | How Fees Are Calculated

※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.

Lease Dispute | Self-Check Before You Contact a Lawyer

Frequently Asked Questions

Official References

• Korea Law Information Center — https://www.law.go.kr
• Easy-to-Find Everyday Legal Information — https://easylaw.go.kr
• Korea Legal Aid Corporation — https://www.klac.or.kr