What should I do if there is a dispute after renting a house, and the agent does not refund the depo

If the tenant decides to move out after the contract expires, but the landlord refuses to return the deposit, or finds various reasons not to return the deposit, the tenant can resolve it through negotiation or litigation. If the landlord does not return the deposit without reason, the way that can be taken is first of all, negotiation. 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.

Second, if it cannot be resolved through negotiation, it can be resolved by litigation. If the landlord breaches the contract in bad faith, he can sue the court for both the return of the deposit and the payment of liquidated damages in accordance with the contract. The prosecution must be sufficiently evidentiated, and the following matters must be proved:

The tenancy relationship does exist and the tenancy relationship has ended; There are no of the above matters that require compensation to the landlord; The landlord does have the facts of the seizure of evidence. In order to prove the facts, the information related to the rental is usually retained as evidence to support the claim. However, it is important to note that the landlord has the right to withhold the deposit if:

The tenant fails to quit the lease at the time agreed in the contract; the tenant does not pay rent on a regular basis; Tenant damage belongs to the landlord. Legal basis: Article 215 of the Contract Law of the People's Republic of China [Form of Lease Contract] If the lease term is more than six months, it shall be in written form.

If the parties do not adopt the written form, it shall be regarded as an indefinite lease.

Hello, the tenant abides by the contract and does not cause losses to the house, so the agent generally has no reason to withhold the rent. To encounter this situation, the specific handling method is as follows:

1. If the housing dispute has been resolved, then you can directly request the intermediary to return the deposit in accordance with the relevant provisions of the contract.

2. If the housing dispute is unilaterally created by the intermediary, then you can complain to the relevant housing and urban-rural development committee where the house is located and request the intermediary to return the deposit. If the problem is still not resolved, you can collect information and file a lawsuit to request a refund of the deposit and interest.

3. Even if the housing dispute is not resolved and the intermediary still does not return the deposit, then you can still complain to the Housing and Urban-Rural Development Commission and ask for help in negotiating a settlement.

Of course, in practice, there are different resolution channels and complaint departments for different types of housing leasing and sale disputes, as follows:

1. If a real estate agent is involved in operating without a license or publishing false information, it can be reported to the industrial and commercial department;

2. If the intermediary is involved in violating laws and regulations and charging fees, it will be reported to the price department;

3. If there is no real estate brokerage service record certificate, forged supporting materials, etc., and fraudulently obtains the qualification to purchase a house, defrauds or defrauds the housing provident fund, evades loan restrictions, or signs a "yin and yang contract" to avoid taxes and fees, it can be reported to the housing management department;

If more details could be given, more detailed information could be made.

If the intermediary does not return the deposit, he or she can go to the industrial and commercial bureau or industrial and commercial office where the intermediary company is located to complain, and the industrial and commercial bureau shall coordinate and notify the result within 7 working days.

Legal basis. Article 403 of the Civil Code.

If the mortgage is made on movable property, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.

Article 577.

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 704.

The content of the lease contract generally includes the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Legal analysis: if the rental deposit is not refunded, the tenant can negotiate with the intermediary to settle it, and if the negotiation fails, he can collect evidence and file a lawsuit with the court. The rental deposit is a way for the landlord and the agent to negotiate and implement the form of one deposit and three payments, that is, to deposit one month's rent to protect the landlord's housing facilities from damage.

On the day when the tenancy relationship is terminated and the landlord vacates, settles and pays all fees due, the agent shall return the full amount of the deposit to the tenant without interest.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 704 of the Civil Code of the People's Republic of China The content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of payment, maintenance of the leased object, etc.

Article 707 of the Civil Code of the People's Republic of China Where the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

Legal analysis refers to:

If there is a dispute after renting a house, the intermediary will not refund the deposit, and can negotiate with him and require him to return the deposit in accordance with the contract. If the rental dispute still cannot be resolved, it can be sued to the people's court.

Legal basis: Civil Code of the People's Republic of China

Article 577:If the party who disturbs the nuclear quarrel 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:Where one of the parties expressly states or shows that it does not perform its contractual obligations by its own act of delay, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Legal analysis: If there is a dispute after renting a house, the intermediary does not return the deposit, and can negotiate with him to require him to return the deposit in accordance with the contract. If the rental dispute still cannot be resolved, it can be sued to the people's court.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where 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 that it bear liability for breach of contract before the expiration of the performance period.

It is illegal for the real estate agent not to return the rental deposit and not to refund it.

1. This is a lease contract dispute that can be negotiated.

2. If the lessee fails to terminate the lease contract in advance and surrender the lease within the time limit for the performance of the contract, it is a breach of contract.

3. Whether the deposit can be refunded and how it should be refunded depends on how the liability for breach of contract is agreed in the lease contract.

4. If there is no liability for breach of contract in the contract, the deposit shall be refunded.

5. Legal basis: Article 114 of the Contract Law [Liquidated Damages] The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of compensation for losses arising from the breach of contract.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase the agreed liquidated damages, and if the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

According to your description of the problem, it is recommended that you sort out the relevant evidence materials, and if you have other questions about legal matters, you can also click on my homepage to consult and further provide you with a detailed plan. I hope you have all the best, I hope Sister Na can help you, if you have any related legal issues, you can continue to consult Sister Na

As a person who has rented a house fifteen times in the five years since graduation. It seems to have a say in this issue.

First, it is best to find a house to rent directly from the landlord or sublease it personally, and the intermediary is to ask for an intermediary fee, if you really want to entrust it to an intermediary, it is best to find a regular big-name intermediary. Don't go to small and unknown agencies, one is that most of the houses in their hands are messy, and the other is that people don't delete tenants. You may be living with gangsters or even service people in the Pushy industry.

Experience.

Now when it comes to what to do if you don't quit the rental deposit, first of all, we must have a contract before renting, and we must read the regulations for returning the deposit clearly when signing the contract. In law, the rental contract, the deposit slip, the rental deadline contract, the WeChat message of communication with the property, etc., must be kept, and must be kept as physical evidence.

If your deposit is withheld, you can first complain to the local industrial and commercial department and consumer association, and then carefully study the contract, and if there are contract loopholes, you can find the local arbitration commission or local people's court for mediation and find a lawyer friend.

Nowadays, rent is generally paid through Alipay or bank transfer, and there will be the identity information of the landlord or intermediary company. Call ** to Alipay customer service, apply for the collector's ID card, customer service Zhaoyun will handle things according to the process, and the lawyer needs to provide the ID number between them, and the whole process needs to be recorded to get the ID number behind Alipay.

Look at the contract, if the intermediary breaches the contract, you can sue them.

If the real estate agent does not return the rental deposit, the tenant can negotiate with the agent to settle the matter, and if the negotiation fails, he can collect evidence and file a lawsuit with the court.

When filing a lawsuit, the following matters need to be paid attention to:

1. The rental contract is a powerful tool for rights protection. In order to avoid disputes over the deposit, there is usually a deposit clause in the rental contract.

2. The original receipt of each rent payment proves that you have no rent arrears, and you can ask for the deposit back.

3. Make a list of all furniture and electrical appliances. and save the current situation when renting a house in the form of a photograph, prove that you have not damaged the landlord's furniture, and ask for the deposit back;

4. Recordings of calls with intermediaries are kept as evidence.

Legal basis] Article 577 of the Civil Code, 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.