Is the rental deposit refundable?

I signed a deposit contract with an agency. After paying the deposit, I found out that the intermediary was a ** company. I now want my deposit fee back.

I searched the Internet for a long time, but there was no way. But I found a loophole in the contract, I don't know if I can use this as a reason The following is the content of the contract When signing the agreement, Party B pays a lease deposit of 500 yuan to Party A Party A and May 12, 2009 before the delivery of Party B, Party B before May 14, 2009 to pay the rest of the rent, such as after the deposit is delivered, Party A returns, does not rent the house to Party B, Party A should immediately return to Party B according to the deposit double, if Party B regrets, then Party B paid the deposit all owned by Party A, Party B agrees to make up the full amount before May 14, 2009, if not, it will be deemed as a breach of contract and the deposit will not be refunded. The contract was signed on May 12, 2009, and you can go to this question or hit 110 on Google and have one on the first page that comes out"Legal advice - lawyer**, 110 - network to help you solve the problem**".

Ask the lawyer there and they will give you a free answer I hope it helps you solve your problem and good luck. Not a vulnerability ||Has the house been delivered ||The deposit should be written as the reservation of the reservation, so the ** company will catch this word You can find a good lawyer I study law I remember the teacher said that you this ||It's called"The Deposit Rule"If you default, the other party has the right not to return the deposit, and if the other party defaults, you can ask for double the return of the deposit ||The deposit can be returned ||

Legal analysis: The deposit for housing lease is generally non-refundable, except for the following circumstances: 1. Although the two parties agree on the deposit, the money is actually used as an advance payment; 2. The party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract; 3. Bending and leakage in other situations.

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

Article 586:The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.

Article 587: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.

Article 588:Where the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party breaches the contract. If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may request compensation for losses exceeding the amount of the deposit.

Legal analysis: The deposit is different from the deposit and is generally non-refundable, and if the landlord defaults on the party, then it is a different matter. The deposit is a two-way guarantee, the party who pays the deposit does not perform the contract, has no right to demand the return of the deposit, if the party receiving the deposit does not perform the contract, the deposit should be returned double.

Legal basis: Article 586 of the Civil Code of the People's Republic of China The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.

The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

The deposit is non-refundable. According to the law, a deposit is a form of security to ensure the performance of a debt. If you pay a deposit before renting a house and then do not rent it, it is actually a breach of contract and the deposit is non-refundable.

Therefore, before renting a house, you should think carefully about the registration and reform, and it is best to make a decision as soon as possible, so as to avoid the occurrence of paying the state judgment and regretting it.

Legal basisArticle 586 of the Civil Code.

Deposit security] The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit.

If the amount of the deposit actually delivered is more than the key or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.

1. The deposit cannot be refunded, and the deposit must be paid before the expiration of the contract, according to the law, the deposit is a guarantee to ensure the realization of the creditor's rights. If a deposit has been paid prior to the rental but is not rented afterwards, it is in fact a breach of contract and the deposit will not be returned. Therefore, it is necessary to consider carefully before renting a house, and it is best to make a decision as soon as possible, so as to avoid regretting after paying the deposit;

2. If the agreed amount of compensation is less than the damage caused, the people's court or arbitration organ may increase it at the request of the parties; If the agreed liquidated damages exceed the damage caused, they may be reduced at the discretion of the people's court or arbitration institution;

3. Legal basis: Article 587 of the Civil Code of the People's Republic of China [Deposit Penalty]: If the debtor fails to perform its debts, its security deposit can be used as collateral or collateral.

If one party fails to pay off its debts, or fails to perform its debts, resulting in failure to achieve the purpose of the contract, Fenghao is not entitled to a refund of the deposit; If one party fails to pay or perform its debts, resulting in a failure to achieve the purpose of the contract, the deposit shall be doubled.

1. Understand the personal information of the landlord: When renting a house, the landlord should check the personal information of the landlord: the landlord himself, the real estate certificate, ID card, and if the landlord is entrusted to rent, there must be a power of attorney, real estate certificate, ID card or copy of the principal.

If Liang Jichuan does not have a real estate certificate, he must have a purchase contract, a rental contract, and a certificate of ownership of the house, so as to avoid legal conflicts;

2. Be careful when paying the deposit in advance: the tenant should not pay the deposit too early, because once the tenant has paid the deposit, it will become very passive, and the requirements put forward are likely not in the lease contract. If the landlord requires an advance deposit, the above documents must also be presented, usually the deposit should not be higher than 20% of the monthly rent, and a receipt will be required;

3. The damage to the house should be written into the contract: the tenant must be cautious when receiving the house, and record the damage to the facilities of the house in the contract, so as to avoid the intermediary deducting the deposit when collecting the house;

4. The receipt deposit should be properly kept: the lessee must not lose it or hand it over to the intermediary;

5. The payment of property miscellaneous expenses should be written in the contract: in the case of the formal signing of the "Housing Lease Contract", all the expenses of facilities, water, electricity, coal, gas, cable TV, and property maintenance should be clearly written and kept as an annex to the contract.

Summary. Hello! According to the provisions of the Contract Act, the deposit is refundable as long as the tenant and the tenant do not enter into a formal rental contract.

However, if the parties have signed a rental contract and it has been agreed that the deposit is non-refundable, then the deposit is non-refundable. In addition, if the tenant gives up the rental for his own reasons, he cannot ask for a refund of the deposit.

Hello! According to the provisions of the Contract Act, the deposit is refundable as long as the tenant and the tenant do not enter into a formal rental contract. However, if both parties have signed a rental agreement and agreed that the deposit is non-refundable, then the deposit is non-refundable.

In addition, if the tenant gives up the rental due to his own reasons, he cannot ask for a refund of the hidden deposit.

In practice, in order to avoid disputes, it is recommended that the two parties clearly agree on the terms of the return of the deposit when signing the rental contract, so as to avoid disputes in the future.