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My lease has ended, but the landlord says the deposit will only be returned after a new tenant moves in. What should I do?

Application Date 2026-10-30 15:13
Consultant Chloe

I currently live in a property under a jeonse lease and plan to move to another home when my lease expires. I informed the landlord in advance that I would not renew the lease. However, the landlord told me that they currently do not have enough money to return my deposit and that I will have to wait until a new tenant moves in. I have already signed a lease for my next home and need to move as scheduled. Is it safe to move out before receiving my deposit? What steps can I take to protect and recover my deposit?

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Comments 1

Chloe Consultant

(Date Posted) 2026.10.30

The most important issue in this situation is moving out and changing your registered place of stay before receiving your deposit without first taking the necessary steps to protect your rights. A tenant’s opposability against third parties and priority repayment rights are connected to legal requirements such as possession of the property and resident registration or, in the case of foreign residents, the registered place of stay. If you move out and change your address without taking appropriate measures, you may place yourself in a less favorable position when trying to recover the deposit later. First, you should make sure that your notice of lease termination and request for the return of the deposit are clearly documented in a form that can later be verified, such as text messages, emails, or, where appropriate, a formal certified notice. If the lease has legally ended, the deposit has not been returned, and you nevertheless need to move out, you may consider applying to the court for a Tenant’s Right Registration Order (임차권등기명령). It is important not to move out merely after submitting the application. You should first confirm that the tenant’s right has actually been registered before vacating the existing property. If the landlord still fails to return the deposit, you may then consider further legal measures, such as a payment order or a civil lawsuit for the return of the lease deposit. If you are covered by a jeonse deposit return guarantee, you should also check the applicable requirements for filing a claim with the guarantee institution. Therefore, simply waiting until a new tenant is found is not your only option. The safer sequence is generally: document the termination of the lease → formally request the return of the deposit → apply for a Tenant’s Right Registration Order if you need to move → pursue further recovery procedures if the deposit remains unpaid.

The most important issue in this situation is moving out and changing your registered place of stay before receiving your deposit without first taking the necessary steps to protect your rights.

A tenant’s opposability against third parties and priority repayment rights are connected to legal requirements such as possession of the property and resident registration or, in the case of foreign residents, the registered place of stay. If you move out and change your address without taking appropriate measures, you may place yourself in a less favorable position when trying to recover the deposit later.

First, you should make sure that your notice of lease termination and request for the return of the deposit are clearly documented in a form that can later be verified, such as text messages, emails, or, where appropriate, a formal certified notice.

If the lease has legally ended, the deposit has not been returned, and you nevertheless need to move out, you may consider applying to the court for a Tenant’s Right Registration Order (임차권등기명령).

It is important not to move out merely after submitting the application. You should first confirm that the tenant’s right has actually been registered before vacating the existing property.

If the landlord still fails to return the deposit, you may then consider further legal measures, such as a payment order or a civil lawsuit for the return of the lease deposit. If you are covered by a jeonse deposit return guarantee, you should also check the applicable requirements for filing a claim with the guarantee institution.

Therefore, simply waiting until a new tenant is found is not your only option. The safer sequence is generally: document the termination of the lease → formally request the return of the deposit → apply for a Tenant’s Right Registration Order if you need to move → pursue further recovery procedures if the deposit remains unpaid.

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