After paying the deposit for rent, can I come back if I find that it is not suitable? Is there any l

Updated on society 2024-03-01
10 answers
  1. Anonymous users2024-02-06

    No way, it's a commission. Before you came, you didn't pay much attention to the problems of the house, such as water, electricity, and gas. You also didn't explain that the house is in an unreasonable condition.

    But once the contract is signed, there is no way. Let's make do with it. My full odd 500 is rented in **? I can tell you that the house I rented was a dilapidated relocation building in Chongwen, 2500 rental.

    One bedroom, one living room. At first, the decoration was good, but in the summer, the bathroom was full of cockroaches and ants, how disgusting you said, 2500 per month to rent a house this treatment. The broken TV of more than 90 years has a very harsh noise, and the air conditioner has one that is not easy to use.

    These have all been intermediated, and they also use the excuse of being busy and do not come at all. I wasn't as polite as I was when I first approached them.

    The landlord has to come to "check and check" if he has anything to do. He also told me what to say about drawing curtains in the shower (there are no curtains in the bathroom at all, so I have to buy them myself) so that the water does not flow to the floor (very broken floor). You are worried, hehe, old Beijing, don't rent your precious house if you feel sorry for you.

    You said that I should find someone to reason, no way, but I also paid the deposit for everything, and in the end I didn't live, and I really couldn't live with cockroaches.

  2. Anonymous users2024-02-05

    No, you can only rent, otherwise you won't be able to get back the 500, sympathy.

  3. Anonymous users2024-02-04

    What is your rental contract? If the situation they say is exactly the same as the contract says, then there is no way you can only live there, or you will not live but the deposit will be deducted 20%; If there is a discrepancy between the situation and the contract with you, and they are deliberately hiding some problems from you, you can not rent the house and the deposit can be returned to you in full.

  4. Anonymous users2024-02-03

    Legal analysis: first of all, you should try to negotiate with the lessor, if the negotiation fails, you can apply to the neighborhood committee for mediation, of course, you can also directly file a lawsuit with the people's court to ask the landlord to return the deposit, but when the lawsuit is good, you must pay attention to the collection of evidence, first of all, you must prove that you have paid the deposit to the landlord, and secondly, you must prove that the lease has ended and you have not violated the provisions of the lease contract. In this way, it is possible to get the support of the courts.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 15: State organs, social groups, enterprises, and public institutions may support the harmed units or individuals in bringing lawsuits in the people's courts for conduct that harms the civil rights and interests of the state, collectives, or individuals.

    Article 119:The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the civil court where the respondent is the respondent.

    Article 122:Where a party sues a civil dispute brought to the people's court and it is appropriate to mediate, it is to be mediated first, except where the parties refuse to mediate.

  5. Anonymous users2024-02-02

    Legal Analysis: The deposit is established to guarantee the signing of the main contract. Its characteristics are:

    1. The occurrence of the legal effect of the deposit has nothing to do with whether the main contract is legally effective. Prime Contract means the Lease Contract. In other words, although the tenant has not signed a lease contract with the landlord, it does not affect the legal effect of the deposit, and there is no legal relationship between the two.

    2. The legal effect of the deposit exists from the time when the person actually pays the deposit, and when the contractual act guaranteed by it does not occur, the party who refuses to conclude the main contract shall be punished with a deposit.

    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. 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.

    Article 587:Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party who pays 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, 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.

  6. Anonymous users2024-02-01

    Hello, happy to help you answer this question <>

    I rented a stupid rock house, and I paid a deposit to sue before I had to come back. Analyze <> <> a personal perspective

    If you pay a deposit for renting a house, and then don't rent, you have to ask the landlord if the deposit can be refunded, and he can not give you a refund according to the contract. "Deposit" refers to a certain amount of monetary security that the parties agree to pay to the other party as a guarantee for the creditor's rights, and it is a legal form of security, which aims to promote the debtor's performance of the debt and ensure that the creditor's claim can be realized. When signing a contract, the deposit must be agreed in writing, and the amount of the deposit and the delivery period should also be agreed.

    If the party paying the deposit fails to perform its obligations, it has no right to demand the other party to return the deposit; If the party receiving the deposit fails to fulfill the debt, the debt will be doubled to the other party. After the debtor performs the debt, the deposit shall be offset against the price or recovered in accordance with the agreement. <>

    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.

  7. Anonymous users2024-01-31

    First, the first deposit of 200 yuan, if it is clearly agreed to be a deposit, and there is evidence to prove it. Then according to the "deposit penalty", the other party is to return double, that is, you should be given 400 yuan.

    Second, the second deposit of 400 yuan, if it is clearly agreed to be a deposit, and there is evidence to prove it. Then according to the "deposit penalty", then you are not going to come back.

    After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double."

    Additional note: If it is this [deposit], then it is slightly different, this deposit is a bit of an advance payment, the other party is in breach of contract, there is an obligation to return, you are in breach of contract, the other party may not refund you on the grounds of compensation and liquidated damages.

  8. Anonymous users2024-01-30

    Personally, I think that you and the agent are only in a contract relationship, you entrust the agent to help you find a house, not the agent rents to you, the agent just provides an opportunity, if the transaction is completed, the agent charges a referral fee, if the transaction is not completed, the agent should not charge a fee, the current situation, you do not rent a house, you do not complete the transaction, the agent should not charge a fee, you do not authorize the agent to hand over the 400 yuan to the landlord, you and the landlord have not signed a rental contract, the landlord has no right to collect your money, "they asked me to pay a deposit of 400, and they didn't let anyone else see it" This fact shows that the agent is just giving you a chance Whether to rent it in the future is up to you You can say that I don't like this house The agent should return 400 yuan The above opinions are for your reference.

  9. Anonymous users2024-01-29

    The rental deposit can still be returned.

  10. Anonymous users2024-01-28

    Legal analysisIf the lessor rents the house to someone else after receiving the deposit, the renter can ask the lessor to return double the deposit; If the tenant is unwilling to rent and is unwilling to enter into a rental contract, he has no right to demand the landlord to return the deposit. The deposit is used as a guarantee, and the deposit cannot be returned without signing the contract, but there are three circumstances in which the deposit can be returned, 1. The person who pays the deposit is a person with no civil capacity or a person with limited civil capacity, that is, a person under the age of 18 who is over 16 years old and under the age of 18 but takes his own labor as the main life ** is regarded as a person with full civil capacity; 2. The rented house belongs to the house that has not obtained the construction project planning permit or has not been built in accordance with the provisions of the construction project planning permit; 3. The rented house is a temporary building that has been approved or not built in accordance with the approved content.

    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 who pays the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in confusion in the contract, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of the debts by Zheng Lun does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

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