Can I get a refund of my deposit if my rental contract has not expired?

The deposit is refunded before the lease is due, and the deposit is as follows:

1. 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.

2. 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 shall not support the party's claim for the right to the deposit.

3. Unless otherwise agreed in the contract, the landlord shall refund the full amount of the rental deposit to the tenant without interest on the day after the lease relationship is terminated and the tenant vacates, and all fees payable are cleared and paid.

4. If there is property loss during the rental period, the deposit can be deducted accordingly, and the deposit should be refunded after deducting the property loss.

5. 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.

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

7. 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 sued to the court.

In the housing lease contract, if the 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, if the lessor breaches the contract, the lessee requests 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, resulting in the lessor requesting to terminate the contract, the lessee bears the liability for breach of contract and the deposit needs to be returned;

Fourth, if the contract cannot be continued due to the termination of the contract or force majeure, it shall be handled in accordance with the contract.

Legal analysis: Whether the deposit can be refunded if the rental contract has not expired depends on the specific circumstances. If the rental contract has not expired, the deposit should be refunded according to the agreement.

If the agreement is not agreed, both sides of the demand will negotiate and deal with it. If the lessee terminates the contract early before the contract expires, if the lessor does not breach the contractual obligations, it is a breach of contract by the lessee and needs to pay liquidated damages.

Legal basis: Article 114 of the Civil Code of the People's Republic of China: Civil entities enjoy property rights in accordance with law. Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

Legal analysis: The deposit cannot be returned. However, it is not excluded from the scope of the contract:

If there is a clear provision at the time of signing the contract that the lessee has notified the lessor in advance of the period, it will not be considered a breach of contract, and the lessee has also notified the lessor that he is not renting the lessor's house at the specified period, then the lessor is required to refund the tenant's deposit.

Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Legal Analysis: Termination of the Rental Contract Before Expiration The party who proposes to terminate the contract shall bear the liability for breach of contract and compensation for losses. Whether the deposit is refundable or not should be considered from three aspects:

1. The way to bear the liability for breach of contract as agreed in the contract (whether the return of the deposit is agreed);

2. See whether the two parties to the contract can reach an agreement on early termination of the contract If both parties agree to terminate the contract and return the deposit through negotiation;

3. In accordance with the law and practice, it is generally necessary to inform the landlord one month in advance.

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.

In the housing lease contract, if the contract is terminated, whether the deposit will be refunded or not needs to be analyzed according to the following circumstances: first, the tenant 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, if the lessor breaches the contract, the lessee requests to terminate the contract, the deposit needs to be returned, and the lessor bears the liability for breach of contract; Wait a minute.

Legal Analysis] The fact that the rental contract has not expired is a breach of contract, and the details can be negotiated. 1. The rental deposit is generally used to restrain the tenant's breach of contract, such as the tenant's breach of the contract to surrender the lease, damage to the goods, failure to pay the water and electricity bills, etc. 2. If there is no such behavior, then you can request a refund when the lease period expires or the lease contract is terminated.

Generally speaking, as long as there are conditions for continuation, the contract will not be terminated, unless the parties agree or the statutory circumstances prescribed by law occur, as follows: (1) the parties agree to terminate the contract through consultation. The parties may stipulate in the contract the reasons for terminating the contract, or they may negotiate on an ad hoc basis, and the contract may be terminated as long as an agreement is reached.

2) The tenant does not pay the rent without a valid reason. Paying rent is the most basic obligation of the renter, and as long as the rental period is in place, the renter should pay the rent in the manner and amount agreed in the contract. If the payment is not made within the time limit, the lessor has the right to terminate the contract.

3) The tenant sublets the house to another person without the permission of the landlord. The landlord has the right to terminate the contract if the tenant subleases another party without the landlord's knowledge. (4) Destruction of facilities by the renter.

The tenant shall take care of the facilities in the house in accordance with the contract, and if the items are damaged due to the fault of the tenant, the lessor has the right to terminate the contract and have the right to demand compensation from the tenant. (5) The contract cannot be performed due to force majeure. Force majeure such as typhoon, flood, **, etc., causing damage to the house, and the contract cannot be performed, both parties have the right to terminate the contract.

[Legal basis].

Civil Code of the People's Republic of China

Article 495:A letter of subscription, order or reservation that the parties agree to conclude a contract within a certain period of time constitutes a reservation contract. If one of the parties fails to perform its obligation to conclude a contract as stipulated in the reservation contract, the other party may request it to bear the liability for breach of contract in the reservation contract.

Article 496:Standard clauses are clauses that are drafted in advance by the parties for the purpose of repeated use and are not negotiated with the other party at the time of conclusion of the contract. Where standard clauses are used to conclude a contract, the party providing the standard clauses shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the clauses that have a major interest in the other party, such as exempting or reducing its liability, and explain the clauses in accordance with the requirements of the other party. If the party providing the standard clause fails to perform the obligation of reminder or explanation, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.

Depending on how your lease contract was agreed at the beginning, generally speaking, it is not refundable if it does not expire, of course, it is okay for the landlord to agree to return it to you.

If the lease contract is terminated before it expires, the party who proposes to terminate it shall be liable for breach of contract and compensation for losses. Whether the deposit is refunded or not should be considered from three aspects: first, the way to bear the liability for breach of contract as agreed in the contract (whether the return of the deposit is agreed); The second is to see whether the two parties to the contract can reach an agreement on early termination of the contract, if the two parties agree to terminate the contract and return the deposit; Third, in accordance with the law and practice, it is generally necessary to inform the landlord one month in advance that the lease contract must be terminated and then the rent will be settled.

If there is no provision in the contract that the deposit will not be refunded because the tenant has proposed to terminate the contract, the deposit shall be refunded.

Generally speaking, the contract will not be refunded to you until it expires, and the average is the moon. Thing. Well, there's no way, whoever asks you to sign the contract just follow the rules.

If the lease contract has not expired and the lease is surrendered early, the deposit is generally not refunded and the liquidated damages are compensated. However, if the contract stipulates that it will be refunded, or it is significantly higher than the loss, the excess will be refunded regardless of the amount.

Whether the deposit for renting a house is refundable or not due shall be subject to the agreement in the housing lease contract. If it is expressly stated in the tenancy contract that the deposit will only be refunded at the end of the tenancy agreement, in this case the deposit will not be refunded.

Legal analysis: The deposit for the tenant's breach of the contract is generally not refundable, and the deposit for the lessor's breach of the contract shall be refunded in full. The rental deposit is a fee deposited by the tenant with the lessor to ensure that his actions will not cause damage to the interests of the other party, and the deposit shall be refunded after the legal relationship between the two parties does not exist and there are no other disputes, and shall be deducted in the event of a breach of contract.

Legal basis: Article 394 of the Civil Code of the People's Republic of China Where 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 third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

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.

Legal analysis: The deposit cannot be refunded under normal circumstances before the rent contract expires. However, it is not excluded from the scope of the contract:

If there is a clear provision at the time of signing the contract that the lessee has notified the lessor within the advance period, it will not be considered a breach of contract, and the lessee has also notified the lessor that he is not renting the lessor's house at the specified period, then the lessor needs to return the tenant's deposit.

Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.