Trying to resolve illegal property occupation without legal procedures can backfire, turning you into the offender. In 2026, just like any other year, legal processes like eviction lawsuits remain the safest and most effective way to reclaim your property rights. This guide breaks down the types of illegal occupation, the realities of recovering legal costs, and why pursuing an eviction lawsuit is crucial.
Why You Can't Evict Illegal Occupants Yourself
Even if you own the property, physically removing tenants or changing locks without a court order is illegal. This act, known as 'self-help eviction,' is strictly prohibited. If you attempt to resolve the situation yourself, you could face criminal charges for offenses like trespassing, property damage, or coercion, even if you believe the occupant has no right to be there. Disputes during these unauthorized evictions can escalate into property damage or assault cases. Therefore, as a property owner, you cannot legally regain possession without a court judgment. Ignoring legal procedures can lead to more significant financial and legal trouble, transforming you from a victim into a perpetrator.
What Constitutes Illegal Property Occupation?
Illegal property occupation can occur in various scenarios. The most common situation is when a tenant overstays their lease agreement after the contract has ended. It also applies when a tenant continues to occupy the property after their lease is terminated due to prolonged non-payment of rent. If a tenant sublets the property to another party without the landlord's consent, that subtenant can also be considered an illegal occupant. Furthermore, occupying someone else's property without any lease agreement from the outset also constitutes illegal occupation. In all these cases, property owners must follow legal procedures to reclaim possession.
Can You Recover Eviction Lawsuit Costs from the Occupant?
If you win an eviction lawsuit, you can typically claim back some of the legal expenses incurred. This includes court fees like stamp duty and service fees, as well as attorney's fees. For residential or commercial property evictions, court costs usually range from approximately $150-$300 USD (200,000-400,000 KRW) for stamp duty and service fees. Including attorney fees, the total cost can easily exceed $1,500 USD (2,000,000 KRW). Fortunately, under civil procedure laws, you can file for a 'determination of litigation costs' to recover these expenses from the opposing party. Costs associated with the actual enforcement process can also be claimed based on documented expenses. However, attorney fees are subject to legal limits, and the actual recovery of these costs depends heavily on the occupant's financial situation.
Is Recovering Legal Costs Realistic?
While you can legally claim lawsuit costs from the occupant after winning an eviction case, actually recovering that money can be challenging. Individuals engaging in illegal occupation often lack the financial means to pay. Those who are behind on rent or occupying properties without permission are frequently unable to pay. In practice, instead of focusing on recovering legal costs, landlords often deduct unpaid rent and lawsuit expenses from the security deposit to mitigate their losses. If there was no security deposit involved in the lease agreement, recovering losses from illegal occupation becomes even more difficult. In such cases, initiating legal proceedings as soon as possible is crucial.
Why is an Eviction Lawsuit Essential for Illegal Occupation?
When faced with illegal property occupation, pursuing an eviction lawsuit is the safest and most reliable solution. It helps you avoid the risks of criminal charges or further disputes that can arise from attempting to resolve the issue yourself. An eviction lawsuit is the only legal pathway to reclaim possession of your property through a court order. Although it involves time and costs, it is the most secure method for recovering your rights in the long run. This is especially true for leases without a security deposit, where delaying legal action can lead to greater financial losses. If illegal occupation persists, it is wise to promptly explore the eviction lawsuit process. Since legal procedures can vary based on individual circumstances, consulting with a legal professional for an accurate assessment and advice is highly recommended.
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