What should I do if I don t sign a contract and don t refund the rental deposit

Can I return the deposit if I don't sign a contract for renting a house:

1) What should I do if I don't sign a contract and don't refund the rental deposit.

Although no agreement was signed, a de facto lease relationship was formed. Tenants do not rent a house, and under normal circumstances, one month's notice is required to give the landlord time to find the next tenant. The tenant should negotiate with the landlord to seek a portion of the money back, and if the landlord does not return it, they can sue the court.

2) When the lease period is reached, and I don't want to renew the lease, can I still get the deposit back?

In the absence of an express agreement on the nature of the deposit, the role of the deposit is to create a guarantee for the house and the property in the house, and if the property damage to the lessor's house and interior facilities is caused during the lease period, it will be deducted from the deposit. If no such loss is caused, the rental deposit shall be refunded to the tenant in full.

However, if the party who paid the deposit fails to perform its contractual obligations, it has no right to recover the deposit; If the party receiving the deposit fails to perform its contractual obligations, it does not bear the obligation to return the deposit double.

The issue of whether the rental deposit can be refunded or not shall be handled through negotiation between the two parties, and if the negotiation fails, a lawsuit may be filed with the court to resolve it.

3) If you want to rent a house and want to leave early, is it appropriate for the landlord not to refund the deposit?

According to the provisions of the Contract Law, the contract is binding on both parties from the moment it is established, and once the lease contract is signed, both parties shall perform according to the contract. However, according to the specific circumstances, there are also provisions in the Contract Law that both parties can terminate the contract at any time, but the breaching party shall bear the corresponding liability. In the lease contract, if the tenant does not want to rent, the tenant should inform the landlord in advance, so that the landlord has a certain amount of time to find the next tenant, and the tenant shall reasonably compensate for the losses caused.

If your landlord does not return the deposit, it depends on whether there is an agreement in the lease contract that the deposit will not be refunded if the contract is terminated early, and if not, the landlord may charge liquidated damages according to the circumstances, and it is inappropriate to refuse to return the deposit.

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 damage during the rental period, the deposit should be deducted, and the deposit should be refunded after deducting the property loss.

5. In the case of a clearly agreed 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 there is a loss caused by the investment, the contract 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.

Hello! The reply to the question of "what should I do if the rental deposit is not refunded if the contract is not signed" is as follows: 1. Determine whether the deposit is correct if the rental contract is not due and the deposit is not refundable The behavior of renting a house without returning the deposit is first of all debatable, first of all, we should have a specific agreement on the deposit according to the rental contract, if there is an agreement on the deposit, then it must be handled according to the contract, and the party responsible for breach of contract is responsible for the contract.

2. Negotiate with the landlord to refund the deposit What should I do if the deposit is not refunded before the rental contract expires? If there is no deposit stipulated in the contract and there is no loss of property, then if the landlord does not return the deposit to you, it is recommended to conduct necessary negotiations and explain the necessity of returning the deposit to the landlord, which is the first step to protect your rights. 3. Litigation and rights protection If the negotiation is not fruitful, then you can start drafting a complaint on 4k paper.

The complaint states the specific circumstances and then submits it to the court in the area where the house is located, so that the court will accept your deposit issue and proceed to the litigation stage. (1) Under normal circumstances, the court will give you a message within about a week after receiving your complaint. Tell you the time, and the court will mediate your entanglement first, and if the mediation is not reached, then it will enter the court trial stage.

2) After the court, you will submit your housing contract and some proof of housing lease to the court as evidence, so that under normal circumstances, the court will make a judgment in court. If there are some evidentiary issues involved, you will be notified of the results within a week. (3) Finally, the deposit for renting a house is in accordance with China's laws and regulations, and if the contract has clear provisions, it shall be executed in accordance with the contract.

If the contract does not stipulate, then the court will consider that the landlord has embezzled the property of others by depositing the money to the renter, so that he can get the deposit back and protect his legitimate rights and interests. If the above content does not solve your problem, you can consult a professional lawyer of Legal.com to provide you with professional legal answers.

If you do not sign a contract, you can only negotiate with the landlord to settle the deposit if you do not refund the deposit.

Legal Analysis: Although no agreement was signed, a de facto lease relationship was formed. Tenants who do not rent a house should be notified one month in advance to give the landlord time to find the next tenant.

The tenant should negotiate with the landlord to seek a refund of a portion of the money, and if the landlord does not return it, they can sue the court.

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

Article 721 The lessee shall pay the rent within the agreed period. Where there is no agreement on the time limit for the payment of rent or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the lease term is less than one year, it shall be paid at the expiration of the lease term; If the lease term is more than one year, it shall be paid at the expiration of one year for each hall, and if the remaining term is less than one year, it shall be paid at the expiration of the lease term.

Article 722 If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

If the negotiation fails, you can find a grassroots mass autonomous organization for mediation, that is, apply to the neighborhood committee or village committee for mediation, and if you are not satisfied with the mediation result, you can file a lawsuit with the court. Although there is no contract, it is possible to claim a refund of the deposit by proving the existence of a tenancy relationship by other evidence.

[Legal basis].

Article 186 of the Civil Code.

If the personal rights and interests or property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request it to bear the liability for breach of contract or tort liability.

Article 233.

If the property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means.

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, the stove operation 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.

Summary. Hello dear! If you do not sign a contract, the rental deposit will not be refunded, and it can be handled through negotiation first. If there is a deposit receipt, proof of the deposit agreement and other evidence, you can file a lawsuit in the people's court.

Hello dear! If you don't sign a contract, the rental deposit will not be refunded, and you can first negotiate to deal with it. If there is a deposit receipt, proof of the deposit agreement and other evidence, the disadvantage type can go to the people's court to sue for the disadvantages.

Not negotiable. Hello dear! The following are the relevant legal bases for my inquiry; Article 707 of the Civil Code: Where the lease period is more than six months, it shall be in the form of a written guess.

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. Article 730 Where the provisions are purely delayed, and the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, Zili shall be deemed to be an indefinite lease; The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time.

The landlord just doesn't return.

Hello dear! How did you give him the deposit?

I rented a room in February, dear, hello! If you have a deposit receipt or other transfer record, you can ask the landlord to return the deposit, and if you don't, you can sue the court.

Hello dear! Is there still a chat history there? or transfer history.

Yes. Hello dear! If so, you can go to court and sue him to get him back the deposit.