What rights do I have as a tenant if the landlord won't return my deposit?

You have a statutory right to demand the full security deposit back, and if the landlord refuses you may claim a preferential reimbursement of up to ½ of the lease‑hold building’s price under the Commercial Building Lease Protection Act; you must file a small‑claims lawsuit within the legal period. Full details below.

Details

• Statutory right to preferential reimbursement – Article 14(3) of the Commercial Building Lease Protection Act allows a tenant to be reimbursed “up to ½ of the price of the lease‑hold building” as a preferential claim over other security‑right holders【1†L33-L36】.

• Invalidity of unfair lease clauses – Any lease term that is unfavorable to the tenant and violates this Act is null and void (Article 15)【1†L49-L51】.

• Small‑claims procedure – Lawsuits for return of the deposit are handled under the Trial of Small Claims Act, mutatis mutandis (Article 18)【1†L57-L60】.

• Steps to enforce your right

1. Gather evidence – lease contract, deposit receipt, any written requests for return.
2. Send a written demand – cite Article 14(3) and give a reasonable deadline (e.g., 10 days).
3. File a claim if ignored – go to the local Small Claims Court (민사소액심판), use the standard claim form for security‑deposit recovery, attach all evidence and the landlord’s refusal letter.
4. Court decision – the court can order the landlord to return the deposit; illegal lease clauses are void under Article 15.

• If the landlord claims arrears – deductions are allowed only for legitimate unpaid rent or utilities; other deductions must be justified in writing.

• Protection against third‑party rights – The preferential reimbursement applies only if the landlord does not already hold a pre‑existing real right that predates the Act’s amendment (Article 5)【6†L1-L3】.

• Helpful contacts –

• Labor Office (1350) – tenant‑rights counseling.
• Legal Aid Corp. (132) – free legal advice for foreigners.
• Seoul Foreign Resident Center – multilingual housing counseling (02‑2229‑4900).