Courts are increasingly recognizing the liability for damages of landlords who refuse lease renewal requests from tenants on the grounds that they or their family members will move in, but in reality rent the property to someone else.
According to the Korea Legal Aid Corporation on the 23rd, Judge Seo Aram of Changwon District Court ruled last month in favor of tenant Lee against landlord Kim in a damages claim lawsuit, ordering "the defendant to pay the plaintiff 15.6 million won plus interest."
In June 2020, Lee rented an apartment owned by Kim in Changwon, Gyeongnam Province, under a two-year lease with a deposit of 50 million won and monthly rent of 500,000 won. About three months before the contract expired, Lee exercised the right to request a lease renewal and asked Kim to extend the lease, but Kim expressed an intention to move in himself via text message.
When Lee repeatedly requested the renewal, landlord Kim changed his stance, saying, "Since the current monthly rent market price has risen significantly, I will extend the contract if you pay 1.2 million won, which is 700,000 won more than the existing rent."
However, Lee could not afford the rent increase of more than double and decided to move out. While searching for a new place on an online real estate site, Lee discovered that his current apartment was listed for rent. Lee contacted Kim but received no response.
After moving to another place, Lee checked the resident registration for the apartment he had lived in and found that the registered occupant was not landlord Kim but a third party. With the help of the Legal Aid Corporation, Lee filed a damages lawsuit against Kim, and the court ruled fully in favor of the plaintiff.
Judge Kim Jeong-il of Daegu District Court Seobu Branch ruled last December in favor of tenant A against landlord B in a damages claim lawsuit, ordering "payment of 2.8 million won plus interest."
In November 2021, A wanted to renew the lease for an apartment with a deposit of 140 million won, but the landlord refused, saying, "My son got married and will move in."
Unable to find a suitable rental, A eventually purchased a house with a bank loan. However, five days before leaving the apartment, the landlord suddenly contacted A and said, "My son got a job in Seoul, so I rented this apartment to someone else." The landlord had signed a new lease with another tenant at 180 million won, increasing the deposit by 40 million won.
With the help of the Legal Aid Corporation, A filed a lawsuit claiming 2.8 million won in damages and won the case in court.
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