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Based on what you have to say, the analysis tips are as follows:
1. At present, your rental agreement is still in the performance period (verbal agreement receipt), I don't know if the receipt is indicated: which house is a few months of rent?
2. The current evidence is against you, and if he denies it, it is your unilateral termination of the agreement.
Suggestion: You and the person sign a written agreement or memorandum on the previous rent, or negotiate directly to request a refund of the deposit to compensate for the partition money.
If the current pattern, if he does not approve, in principle, you can only admit it.
The law was fair, but he needed evidence and hoped to learn more lessons in the future.
Zhejiang lawyer Wang.
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1. You can not check out at all, because according to the law, the sale and purchase will not break the lease, even if the other party sells the house to someone else, the other party must change the rental contract with you according to the original agreed conditions.
2. Of course, if you agree to terminate the lease now, then all the losses caused by this will have to be borne by the landlord.
So, based on this situation, you can do whatever you want to do here, and if you have the landlord's house, what else do you have to worry about, it is the landlord who should be worried.
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The deposit will definitely be returned to you, and if you don't pay it back, you will be robbed in the open, and you can go to the public security bureau with the deposit receipt
As for compensation, because you didn't sign a contract, you won't get compensation
This is to teach you this lesson, no one can trust outside, only believe in yourself, and the contract must be signed to protect yourself
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1. Who to deal with the matter of renting a house without returning the deposit?
1. If you don't refund the deposit if you rent a house, you can call the police to deal with it, or you can complain to the housing management office. You can also apply for arbitration, but if you can't do it, you can file a lawsuit in court. The landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit will generally be agreed in the contract, and the landlord's behavior is a breach of the contract and can be dealt with in the way agreed in the contract.
2. Legal basis: Article 577 of the Civil Code of the People's Republic of China.
If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578.
If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.
2. What should I do if the landlord does not return the deposit, can I call the police to solve it?
What if the landlord does not return the deposit, you can call the police to solve the problem. When a tenant signs a housing contract with a landlord, there should be a deposit clause in the contract. When the contract expires, if the landlord finds that the original items and walls of the house are damaged, the compensation fee can be deducted from the deposit, and the remaining deposit will be refunded to the tenant.
If the landlord refuses to return it, we can call the police and let ** mediate; If the mediation is unsuccessful, it can only be resolved through litigation.
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Legal analysis: In the housing lease contract, if the lease contract is terminated, whether the deposit will be refunded or not needs to be analyzed according to the following circumstances: first, the lessee and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be subject to the agreement between the two parties; Second, the lessor breaches the contract, resulting in the lessee requesting to terminate the contract, the deposit needs to be returned, and the lessor bears the liability for breach of contract; Third, if the lessee breaches the contract, causing the lessor to request to terminate the contract, the lessee bears the liability for breach of contract and the deposit needs to be returned;
Legal basis: Civil Code of the People's Republic of China Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property, the lessor may terminate the contract and claim compensation for the loss.
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In this case, the tenant should first communicate with the landlord and express his concerns and requirements for the living environment to the landlord. If the landlord ignores or refuses to take action, the tenant can take the following steps to protect their rights:
2.Seek legal assistance: Tenants can consult with a local lawyer about their rights and possible legal action.
Normally, there will be provisions in the lease contract regarding the condition of the house, sanitary conditions, etc., and the landlord's failure to provide a house that meets the living conditions as agreed may constitute a breach of contract.
5.Claim for compensation: At the same time as terminating the lease contract, the tenant can demand that the landlord bear the liability for breach of contract and pay the tenant for the losses incurred by the landlord's actions, such as temporary accommodation expenses.
In short, in this case, tenants should take the initiative to protect their rights and interests, and solve the problem by communicating with the landlord, seeking legal advice, and reporting to the police. At the same time, tenants should also take care to gather evidence in order to defend themselves in possible legal proceedings. Please note, however, that the advice I have provided is for informational purposes only, please consult a professional lawyer for specific situations.
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It depends on how the contract is agreed. If the agreement can be refunded, then it should be refunded. The lessor's breach of contract caused the lessee to request to terminate the contract, the deposit needed to be returned, and the lessor was liable for breach of contract.
If the deposit is paid for rent, the landlord shall return the deposit to the tenant when the house is returned to the landlord on time and in its entirety. Provided, of course, that there is no default. If the equipment is damaged, it should be compensated as agreed.
Civil Code of the People's Republic of China Article 465 [Principle of Performance of Obligations in Accordance with Contract] A contract established in accordance with law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. Contracts established in accordance with the law are protected by law.
Article 578:[Refusal to Perform]Where one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may require it to bear liability for breach of contract before the expiration of the performance period.
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Legal analysis: The rental deposit is generally refunded in accordance with the agreement of the housing lease contract. If there is no express agreement in the contract, the parties can negotiate with each other on their own.
Legal basis: Civil Code of the People's Republic of China
Article 703 A lease contract is a contract in which the leased property is delivered to the lessee for use and income and the lessee pays the rent.
Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, and maintenance of the leased property.
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Generally, the owner should return the deposit if there is no damage to the house and its facilities. If there is damage to the housing equipment, it will be deducted, of course, you must understand in detail how to refund the deposit when you check out?
1. In the case that the house and its facilities are not damaged, the landlord shall return the deposit, and when the tenant requests to quit the lease upon the expiration of the contract, the landlord may deduct the tenant's deposit on the condition that the housing facilities are damaged or other excuses, causing unnecessary losses to the tenant. Therefore, when signing the lease contract, both parties should indicate the number of working days after the expiration of the lease agreement, and the landlord should return the deposit if the house and its facilities are not damaged.
2. If the lease contract does not specify the nature or rules of the deposit, the deposit must be returned, and if the lease contract does not specify the nature or rules of the deposit, the deposit shall be treated as a lease advance payment and shall be returned in any case. Where a party pays a lien, guarantee, security deposit, contract money, deposit, or deposit, etc., but does not agree on the nature of the deposit, the people's court will not support the party's claim for the right to the deposit.
How to solve the landlord's non-refundable deposit
The landlord can take the first step in not returning the deposit without reason, and if the negotiation fails, you can sue. The deposit is generally stipulated in the contract, and the landlord's behavior is a breach of the contract and can be handled in the manner agreed in the contract. If the negotiation cannot solve the problem, the court will file a lawsuit, which can not only demand the return of the deposit, but also require it to pay liquidated damages in accordance with the contract.
The landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit will generally be agreed in the contract, and the landlord's behavior is a breach of the contract and can be dealt with in the manner agreed in the contract. Of course, negotiation in this kind of thing generally cannot solve the problem, and most of them will go to the step of suing, and the landlord's malicious breach of contract violates the provisions of the Contract Law, and suing the court can not only demand the return of the deposit, but also require it to pay liquidated damages in accordance with the contract.
Of course, the prosecution must be based on sufficient evidence, and the main matters that must be proved are as follows: there is indeed a tenancy relationship and the tenancy relationship has ended, there are no above matters that require compensation to the landlord, and the landlord does have the facts of seizure of evidence. In order to prove the facts, care should be taken to keep the relevant information about the rental house as evidence to support the claim.
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