What should I do if the deposit is not refunded before the rental contract arrives

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.

If the rental contract is terminated before the expiration of the lease contract, the deposit shall be settled through negotiation between the two parties, and if the negotiation fails, it can only be handled in accordance with the contract.

1. The key depends on the content of the contract signed between you and the landlord, if the contract clearly stipulates that the deposit cannot be refunded before it expires or the deposit cannot be refunded if you check out early, it will be more difficult to refund the deposit.

2. Negotiate with the landlord to settle the matter, let the landlord find the tenant to renew the lease as soon as possible, and let the landlord return the deposit to you.

It should still be resolved through negotiation. It seems that the house you rent is not easy to rent out, or you can rent it out again, then the loss will be smaller, don't take drastic behavior, don't do illegal things. We have already made a mistake in violating the agreement before, so we should say more good things to others and try to negotiate a solution.

Hello, I have rented out a house myself. One thing, the second party who signed the contract is not you, so the contract has nothing to do with you. In this case, you have to find the second party of the contract, that is, with your roommate, the most effective and direct way is to find the street police station to solve the problem, or to the local consumer association to see if it can help you negotiate.

If the landlord's attitude is really tough, you can try it again with the local ** and let them come forward**. But one thing, don't damage the landlord's appliances, in which case you will be justified and unreasonable, and you may have to pay compensation or bear civil liability.

If you terminate the lease contract, you need to compensate the other party accordingly. Let's negotiate well.

Legal analysis: You can reasonably protect your rights and interests through reconciliation, mediation, arbitration, litigation and other channels. 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 basis: Civil Code of the People's Republic of China

Article 233:Where real rights are infringed upon, the rights holder may resolve the matter through means such as reconciliation, mediation, arbitration, or litigation.

Article 707: Where the lease period is closed for more than six months, it shall be in writing. 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.

The parties may resolve contractual disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement.

Article 51 of the Arbitration Law of the People's Republic of China The arbitral tribunal may mediate before making an award. If the parties voluntarily settle the dispute, the arbitral tribunal shall mediate. If mediation fails, a ruling shall be made in a timely manner.

If an agreement is reached through mediation, the tribunal shall draft a mediation document or an award based on the outcome of the agreement. The mediation document has the same legal effect as the award.

Article 9 of the Civil Procedure Law of the People's Republic of China provides that the people's courts hearing civil cases shall conduct mediation in accordance with the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

If there is no contract for renting a house, the tenant can ask the local neighborhood committee or police station for help in mediation, and if the negotiation cannot reach an agreement, he can sue the court with evidence records such as the transfer of mu and cracked accounts at the time of payment of the deposit, and request the return of the deposit.

[Legal basis].Article 394 of the Civil Code.

If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or a third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for security is the mortgaged property.

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.

Legal analysis: What to do if the rental deposit is not returned: 1. The two parties negotiate and settle.

Whether the rental deposit can be returned depends on the nature of the deposit, if it is for the preservation of goods, it can be returned, and if it is agreed to be liquidated damages, it must not be returned. 2. You can go to the court to sue. The tenant and the tenant sign a housing lease contract, and if there is a rental agreement, the agreement needs to be strictly implemented.

In addition, if the other party surrenders the lease, it is a breach of contract, and the other party can be required to bear the liquidated damages and actual loss compensation, and if the negotiation with the other party fails, it can go to the court to sue.

The solution to the non-refundable deposit without a contract is as follows:

1. The problem of non-refundable rental deposit can be resolved through negotiation between the two parties, and if the negotiation fails, evidence can be collected and filed with the court;

2. In the absence of a clear agreement on the nature of the deposit, the role of the deposit is to set up a guarantee for the house and the property in the house, and if the property loss of the lessor's house and indoor facilities is caused during the lease period, it will be deducted from the deposit.

3. If the loss is not caused, it shall be refunded when the contract expires or the contract is terminated.

The precautions for renting a house are as follows:

1. The personal situation of the landlord of the rental house, when renting the house, the renter should carefully check the personal situation of the landlord: the landlord himself, the real estate certificate, the ID card, and the power of attorney, real estate certificate, ID card or copy of the principal if the rental is entrusted. If there is no real estate certificate, there must be a purchase contract, and if there is a sublease, there must be a lease contract and provide the relevant property right certificate of the house, so as to avoid legal disputes;

2. Precautions for deposit payment, the tenant avoids paying the deposit, and the tenant is very passive once the deposit is paid, and the requirements may not be written into the rental contract. If the landlord asks for a deposit, you also need to check the above documents, generally the deposit should not exceed 20% of the monthly rent, and require a receipt;

3. The damage to the house is written into the contract, and the tenant should be careful when receiving the house, and write the damage to the housing facilities into the contract to prevent the intermediary from withholding the deposit when receiving the house;

4. The custody of the receipt deposit slip, and the tenant should remember not to lose the deposit voucher or give it to the intermediary company.

To sum up, when renting a house without a contract and not returning the deposit, the two parties can negotiate and reach an agreement.

[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 assume the liability for breach of contract before the expiration of the performance period.

Article 579.

If one of the parties fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment.

If there is no contract for renting a house, the tenant can negotiate with the landlord, ask a third party to mediate, arbitrate or file a lawsuit with the court to protect his legitimate rights and interests. The deposit is generally stipulated in the contract, and the landlord's behavior is a breach of contract and can be handled in the manner agreed in the contract.

Article 394 of the Civil Code of the People's Republic of China provides that if the debtor or a third party does not transfer possession of the property and mortgages the property to the creditor in order to guarantee the performance of the debt, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or a third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for security is the mortgaged property. Article 578 of the Civil Code of the People's Republic of China: 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 request that it bear liability for breach of contract before the expiration of the performance period.