Even If the Tenant Wins a Lawsuit for Overdue Rent, Landlords Face Criminal Penalties for Unauthorized Entry

Typically, during the spring moving season, conflicts between landlords and tenants tend to increase over lease renewals, evictions, and restoration to original conditions. Among these, eviction lawsuits due to rent arrears (civil lawsuits filed by property owners against occupants to reclaim possession of the property) constitute a significant portion.

Experts point out that when landlords feel economic burdens from arrears, they often take legally disadvantageous actions during the eviction lawsuit process. In particular, landlords may face serious consequences if they accept new tenants before the eviction lawsuit is concluded. Even if the tenant has delayed monthly rent payments and the landlord wins the eviction lawsuit, forcibly opening the tenant’s residence or removing their belongings immediately can lead to criminal penalties.

Real estate attorney Eom Jeong-sook (Beopdo Comprehensive Law Office) stated, "If even some of the tenant’s belongings remain, it means the eviction has not been completed for the landlord," adding, "If eviction has not been completed, even if the contract has been terminated, a new tenant cannot yet be accepted." She further warned, "Removing a tenant’s belongings to accept a new tenant during the eviction lawsuit period can result in criminal punishment."

The only cases in which a new tenant can be accepted during the eviction lawsuit process are when the tenant has voluntarily notified the landlord of their move-out or handed over the keys.

Attorney Eom emphasized, "Eviction should not be judged simply because there is no sign of life in the house or the tenant is unreachable," and added, "First, it must be confirmed whether ▲ the tenant has clearly notified the landlord of the handover and ▲ whether any of the tenant’s belongings remain."

Additionally, once an eviction lawsuit has begun, it is important to remember that even after a favorable judgment, the occupant is still legally the tenant. In other words, a new tenant cannot be immediately accepted after a favorable ruling.

Attorney Eom explained, "Even if a favorable judgment is made in the eviction lawsuit, there remains a compulsory execution procedure to legally take possession of the property," and said, "Only after all the tenant’s belongings are removed through the compulsory execution process and the property is safely handed over does the final possession right return to the landlord."

This content was produced with the assistance of AI translation services.