[Q&A] My lease ended but no deposit return. I leave Korea next week—what should I do?

The Dilemma

"My lease ended, but my landlord refuses to return my deposit, saying they haven't found a new tenant yet. I have to leave Korea next week—if I leave without my money, will I ever get it back?"

The Legal Reality: Your Right is Absolute

In Korea, many landlords treat the deposit as a revolving fund that depends on the next tenant. However, under the Housing Lease Protection Act, the landlord’s obligation to return the deposit is triggered the moment the contract expires. It is not dependent on a new tenant moving in.

The Danger of Leaving Korea Without Action

If you simply leave your house and move your address out of Korea (or to another country) without taking legal steps, you will lose your 'Opposing Power' (Dae-hang-ryeok) and 'Priority Repayment Right' (Useon-byeonje-gwon). This means if the building is sold or goes to auction while you are away, you may never see your money again.

Step 1: Send a Content Certification (Naeyong Jeungmyeong)

Immediately send a formal notice via the post office. This doesn't force payment instantly, but it is essential evidence that you have demanded the money and intend to take legal action. It often pressures the landlord to find the funds through a loan or other means.

Step 2: Apply for a Leasehold Registration Order (Imchagwon Deunggi)

This is the most important step for someone leaving the country. You can apply for this at the court. Once it is registered on the building's 'Deunggibubon' (Register):

1. You can move your address out of Korea and still keep your legal priority rank.
2. It makes it very difficult for the landlord to find a new tenant until they pay you, as the legal dispute is public. Note: It takes about 2 weeks for the registration to appear. Do not change your address until it is officially on the register.

Step 3: Appoint a Legal Representative

Since you are leaving next week, you won't be here for the court process. You should appoint a lawyer at Hoam Law Firm to handle the litigation or the payment order process on your behalf. We can manage the case, seize the landlord’s assets, and wire the recovered funds to your international account.

Conclusion

Do not let a landlord use your departure as an excuse to keep your money. With a Leasehold Registration Order and proper legal representation, you can return home with peace of mind while the law fights for your deposit.

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