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

As of · sources retrieved from official Korean authorities

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.

The rule this rests on

[3]상가건물 임대차보호법Article 10-4

Article 10-4 shall not apply to any of the following commercial building leases: | 1. | Where a commercial building, the subject-matter of the lease, is a part of a large store or quasi-large store prescribed in Article 2 of the Distribution Industry Development Act; | | 2. | Where a commercial building, the subject-matter of the lease, is the State property prescribed in the State Properties Act or public property pursuant to the Public Property and Commodity Management Act. | [This Article

[10]Financial Investment Services and Capital Markets ActArticle 95

Article 95 shall apply mutatis mutandis to the liquidation of a financial investment business entity that engages in trust business. | Article 117-2 (Special Cases concerning Managerial Trust) | | (1) | Where a trust business entity entrusted with only one type of property referred to in Article 103 (1) 4 through 6 concludes a managerial trust contract, it may be entrusted with any monetary claims accompanied by such trust property. | | (2) | Necessary matters concerning the method of managem

  • 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.

  • Invalidity of unfair lease clauses – Any lease term that is unfavorable to the tenant and violates this Act is null and void (Article 15).

  • Small‑claims procedure – Lawsuits for return of the deposit are handled under the Trial of Small Claims Act, mutatis mutandis (Article 18).

  • 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).

  • 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).
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Sources fetched 2026-09-19 · Korean laws change — verify with the issuing authority before acting.

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