Ask some questions about the deposit and what you should pay attention to when paying the deposit

Since the contract signed that year is 8 years, it is the nature of breach of contract within 8 years, even if it is the last day of the 8-year period, you will be compensated in full for liquidated damages, because the concept of breach of contract is an iron law in law, and a breach of contract is a full breach of contract, and all liquidated damages will be deducted! There is no such thing as a breach of contract to deduct a part of the liquidated damages, if someone tells you like this and introduces you to seek their legal assistance, Yunyun is generally **, often charge you a lot of consulting fees and defense fees and then run away, so don't take chances, so as not to be deceived.

In this way, it seems that you can not continue the contract after only one year, you should consider the cost, you still have seven years, you think that the income from doing other things in seven years can be greater than the 50,000 yuan, then I support you to do it, and no matter what you are going to do, your opportunity cost is 50,000 yuan plus the next 7 years of rental income, which is a fairly high opportunity cost, so before deciding to give up running a rental and do something else, it is best to review whether it is cost-effective.

Based on the monthly net profit of 3,000 yuan, your opportunity cost is 3,000 7 12 + 50,000 = 302,000 yuan, 302,000 yuan!!

Advice is good for action, and you'd better calculate the better amount of this account ......

First of all, you are within the contract period, and secondly, you don't want to do it for reasons, and then agreed on a liquidated damages of 50,000 yuan, and provided a guarantee for the breach of contract. Now I want to return the guarantee, that is, the deposit, of course, no.

However, if you change the reason, a reason that is not personal to you, is a situation that neither of you took into account when signing the contract, but there is an objective situation that you cannot overcome at present.

That's different, of course you can return.

Remember, the reason is important. Only then can the question of whether to retreat or not be discussed.

Do I need a deposit? Hello, yes, the hotel usually collects a deposit for two purposes, the first purpose is to prevent guests from evading the bill. If the guest does not charge their deposit, then the guest can check in to the hotel and then leave without checking out through the front desk, then the hotel will lose their room rate revenue.

Another purpose is that the hotel has a lot of facilities and equipment in the room, if the guest maliciously damages these facilities and equipment. Then the hotel also needs to compensate for it. Therefore, collecting a deposit in advance is to prevent these subsequent situations from happening.

After the deposit is collected, it will be refunded directly to the guest after the guest leaves the hotel and the room is inspected to be free of any damage.

1. Whether the amount of the deposit should be limited.

Generally speaking, if the interest of the original claim is large, the amount of the deposit as security will also increase accordingly, and conversely, if the interest of the original claim is small, the amount of the deposit will also decrease accordingly. The relationship between the two is proportional. However, in practice, creditors often take advantage of their dominant position to force the debtor to accept an excessively large amount of deposit that is unfavorable to them, thus increasing the burden on the debtor.

Therefore, limiting the amount of the deposit is required by the principle of fairness. As for the extent of the restriction, it is advisable to have more and fewer sources, i.e., what proportion of the secured claim should be shared? The deposit shall not exceed 20% of the total contract price according to the law, and the range of liquidated damages is smaller, but because the deposit is functionally compared with the deposit and the liquidated damages, the latter is punitive, which is an additional payment for the defaulter; However, the deposit is non-punitive and compensatory, and for the debtor, it is a kind of internal payment, but the payment time is advanced.

Therefore, the amount of the deposit should be more than 20 per cent of the total claim under the secured claim in order to have a security value.

2. Attribution of deposit interest.

When the deposit is given to the creditor, the ownership of the deposit is transferred from the debtor or the third party to the creditor. Therefore, the creditor of course acquires ownership of the fruits of his own property, so the deposit does not matter to the grantor to receive interest. However, for the mortgagee, i.e. the creditor, the larger the amount of the deposit, the more interest it receives.

Driven by profits, the mortgagee has an instinctive tendency to expand the amount of the deposit received. For the protection of the grantor, in addition to limiting the amount of the deposit, in the case of major contracts involving the national economy and the people's livelihood, it may be stipulated by special law that the interest accrued on the deposit shall belong to the grantor, unless otherwise provided by law.

3. When does the right to claim for the return of the deposit occur.

When the contractual relationship is terminated and there is no contractual debt and no performance is performed, the mortgagee may request a refund of the deposit. During the existence of the lease relationship, the grantor may not request the return of the deposit. In addition, the grantor has the right to request the return of the balance of the deposit in excess of the statutory limit at any time, or to notify the mortgagee to offset it.

If the debtor fails to perform its contractual obligations, the creditor still has the right to claim the return of the balance after the deposit is paid preferentially. Any agreement between the parties regarding the forfeiture of the deposit is null and void.

In order to ensure the value of the property in the house and to prevent the renter from paying the rent in the future, the landlord may require the renter to pay a deposit before signing the lease contract with the tenant of the house. If the tenant has not violated the rules during the tenancy, the landlord is required to refund the deposit after the tenancy ends.

Summary. Hello dear, glad your question <>

<> deposit can be sued to the people's court The deposit is not refundable, and the parties can go to the grassroots court where the house is located to file a lawsuit. A statement of claim needs to be filed when filing a lawsuit, and the claim needs to be stated in the complaint. After receiving the indictment and relevant supporting materials, the court filing the case shall decide whether to file the case.

If the conditions for filing a case are met, the case will be filed, and then a hearing will be awaited. Generally, mediation will take place first.

How to complain about deposit issues.

Hello dear, glad your question <>

<> deposit can be sued to the people's court The deposit is not refundable, and the parties can go to the grassroots court where the house is dry. A statement of claim needs to be filed when filing a lawsuit, and the claim needs to be stated in the complaint. After receiving the indictment and relevant supporting materials, the court decides whether to file the case.

If the conditions for filing a case are met, the case will be filed, and then a hearing will be awaited. Generally speaking, mediation will be carried out first.

The legal basis is <>

Article 2 of the <> Arbitration Law provides that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated. Article 125 of the Civil Procedure Law provides that in a civil dispute brought by a party to a people's court, where mediation is appropriate, mediation shall be conducted first, except where the person who is a good deed refuses to mediate.

Summary. According to your questions, the information you will find is that the rental deposit is agreed between the tenant and the landlord, and the actual deposit is generally not more than two months.

Hello, pls I ask about the rental deposit.

Hello, may I ask about renting?

According to your questions, the information you will find is that the rental deposit is agreed between the tenant and the landlord, and the actual deposit is generally not more than two months.

The landlord of the house I rented said that he would not return the deposit for less than a year, and I moved out halfway.

In order to ensure that the house and its appliances are not illegally resold and the utility bills are deducted, the tenant generally agrees to pay the landlord a deposit for rent, and there will be a corresponding invoice after receiving the deposit. Among them, it is necessary to find a formal intermediary company, preferably a national chain of intermediary companies, and it is best for the intermediary to introduce the homeowner to come forward to review the relevant documents and sign the rental contract, which is more conducive to protecting their rights and interests. Unless otherwise agreed in the tenancy agreement, the tenant shall return the full amount of the deposit to the tenant without interest on the day after the tenancy is terminated and the landlord vacates, settles and pays all fees due.

Liquidated damages, damages and other related expenses incurred by the landlord due to the landlord's breach of the provisions of this contract may be deducted from the deposit by the landlord, and the tenant must make up the shortfall within 10 days after receiving the landlord's notice of payment.

I've been living on the first floor for almost two or three years because I'm not feeling well, and this year I was asked to sign a contract.

Recently, I have always been unwell and too humid, so I want to move out, but the landlord said that I will not return, and I will go too.

The landlord said he wouldn't refund my deposit.

Normal way: Sue the landlord to the people's court, as long as you have a deposit slip. The lease term of more than 6 months shall be agreed in writing, and if there is no written agreement, it shall be regarded as an indefinite lease.

Can I get my deposit refunded in this case due to my health?

First of all, the landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit is generally agreed in the contract, and the landlord's behavior is a breach of the contract and can be dealt with in the manner agreed in the contract. Of course, negotiation in this kind of thing generally cannot solve the problem, and most of the regrets will go to the step of suing, and the landlord's malicious breach of contract violates the provisions of the contract law, and suing the court can not only demand the return of the deposit, but also require it to pay liquidated damages in accordance with the contract. Second, the prosecution must be sufficiently evidenced, and the following matters must be proved:

There is indeed a tenancy relationship and the tenancy relationship has ended, there are no above matters that need to compensate the landlord, and the landlord does have the facts of seizure. In order to prove the facts, the relevant information about the rental house is usually retained as evidence to support the claim.

If the nature or rules of the deposit are not specified in the lease contract, the deposit is treated as a rental advance and is subject to return in any event.