Deposit problem: Tenant smashed the house? 250

Of course, you should file a 110 report and ask the tenant to compensate you for your financial losses.

You should both have a lease contract, and you should issue a lease agreement telling the tenant which of these terms has been violated, resulting in the non-refund of his deposit.

His recovery of your air conditioner and washing machine is an act of "damage to private property", and the police will coordinate and demand compensation from the other party for your losses according to the specific circumstances.

And your rental contract must also have a specific list of properties, and you can compensate according to the terms of the contract.

There are some situations that you don't make clear, and it's not good.

1.If it is smashed in front of you, this situation is the most serious crime of intentionally damaging other people's property, and this crime requires the public security organ to appraise the damage value of 5000, pay attention to the public security organ's identification.

2.If the value is insufficient, it may constitute intentional damage to public or private property within the scope of public security punishment, and if the tenant is vexatious, it may constitute the arbitrary destruction of other people's property mentioned in picking quarrels and provoking troubles in the scope of public security.

3.If you find out that the items in the rental house are damaged afterwards, in this case, you need to prove that he was deliberately damaged, because she can deny that it was bad during the use of the lease, and even deny that the quality of the items in the house is not good, believe me, the shameless person said anything, and in this case, some things are difficult to obtain evidence, you know that she talked nonsense, to you have no evidence to support.

In conclusion, he must call the police, and if it is not enough, let him compensate for the loss, and if necessary, he must be held legally responsible.

As far as the matter is concerned, it may be best to negotiate and solve it, if there is no result, it is still necessary to call the police, so as to avoid the tenant from acting aggressively, after all, resorting to law or insurance.

Of course, this kind of thing should be reported to the police, and if there is a problem, you can talk about it, and you can take legal channels, but he smashed everything in the house, and he should be asked to compensate.

If there is a contract, you can take the contract out, confront each other one by one, tell the tenant which article he violated, and then explain to him why he did not return the deposit, and after solving the problem, solve the problem of dropping things.

For this problem, if it is for the deposit, the problem can smash the house, then this problem, it must be wrong, but it is your responsibility not to return the deposit.

Negotiate a settlement! Call the police if necessary!

Legal analysisIf the tenant damages something and runs away, the details are as follows: 1. Keep the evidence, as a landlord, when the tenant damages the things in the rental house manuscript, the first time to do a good job in the collection of evidence, including physical evidence, shooting, etc., no matter what kind of evidence is used, as long as it can prove the tenant's sabotage; 2. Contact the tenant, after having sufficient evidence, the landlord Lu Ran should contact the tenant in time to find out the tenant's attitude, understand the tenant's thoughts, see what the tenant thinks, whether he is willing to compensate and other matters; 3. Negotiation settlement, if the tenant is willing to resolve the dispute through negotiation, as the landlord, you can sit down with the tenant amicably, negotiation is the best way to resolve the dispute; 4. Call the police directly, if the tenant is not willing to resolve the dispute through negotiation, you can also call the police to deal with it, ask the police to send the police, fix the facts, and lay a good foundation for the legal route later.

Legal basisCivil Code of the People's Republic of China

Article 711 If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

Article 714: The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage.

Summary. Yes, it is possible to withhold the deposit. According to Article 96 of the Contract Law of the People's Republic of China:

If the parties agree that the lessor has the right to seize the deposit of the leased property to compensate for the loss of the leased property, the lessor has the right to seize the deposit in accordance with the agreement". If the tenant makes the house dirty, the lessor has the right to withhold the deposit in accordance with the tenancy contract to compensate for the loss of the rental property. According to Article 184 of the Contract Law of the People's Republic of China, if one party to the lease contract breaches the contract, the other party has the right to claim damages, but the amount of the deposit shall not be exceeded.

Therefore, if the tenant makes the house dirty, the landlord can withhold the deposit, but not more than the amount of the deposit.

Can the tenant withhold the deposit if he gets the house dirty.

Yes, it is possible to withhold the deposit. According to Article 96 of the Contract Law of the People's Republic of China, "if the parties agree that the lessor has the right to seize the deposit of the leased property to compensate for the loss of the leased property, the lessor shall have the right to seize the deposit in accordance with the agreement".

If the tenant makes the house very dirty, the lessor has the right to seize the deposit in accordance with the tenancy agreement to compensate for the loss of the rental property. According to Article 184 of the Contract Law of the People's Republic of China, if one party to the lease contract breaches the contract, the other party has the right to claim damages, but the amount of the deposit shall not be exceeded. Therefore, if the tenant makes the house dirty, the landlord can withhold the deposit, but not more than the amount of the deposit.

Are you there. I signed the house from May 14, 2021 to May 14, 2022, and then I didn't, and I renewed the contract, so I want to ask if this contract is invalid?

This contract is not stupid and void, and it is still valid. If you want to renew your contract, you can negotiate with your landlord to renew your contract before your original contract expires to continue renting your apartment. Disturbed.

Then I'm going to quit the lease now, I don't want a deposit, I don't want to clean up the house, it's a bit messy, if he goes to sue me for this contract, will it have legal benefits?

This stupid contract has expired and is no longer legally valid. However, you are still obliged to return the property in accordance with the terms and conditions of the lease and you will still be required to pay a deposit. If you do not return the property in accordance with the terms and conditions of the tenancy contract, the landlord has the right to file a claim against you.

I didn't even need the deposit for renting the house at the beginning.

Isn't it possible? Yes, you can negotiate with the landlord to settle the matter.

Legal analysis: Depending on the specific situation, it is clearly written in the contract that the cleanliness at the time of check-out should be the same as at the time of delivery, otherwise the landlord has the right to deduct the cleaning fee from the deposit.

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

Article 708: The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease term.

Article 709: The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased item or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used in accordance with the nature of the leased item.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

The rental deposit is not refunded, and the parties can solve it through negotiation, mediation, and litigation, and they must bear the liability for the losses caused by smashing things.

1. The legal characteristics of the housing lease contract.

1. The lease contract is a contract for the transfer of the right to use the house. This distinguishes it from a contract of sale. The latter is for the purpose of ownership of the transferred thing.

Since the housing lease contract only transfers the right to use the house, the lessee can only use the leased house according to the contract, and cannot dispose of it. In the event of the bankruptcy of the lessee, the leased premises shall not be listed as the bankruptcy estate, and the lessor shall have the right to take it back.

2. The housing lease contract is a contract of promise, double service, and payment. The housing lease contract is formed when the two parties reach an agreement, and the delivery of the house is not a condition for the formation of the contract, so it is a contract of promise rather than a contract of practice. The two parties bear each other's rights and obligations, and it is a bilateral contract.

The lessor rents the house for the purpose of obtaining rent, while the lessee pays the rent for the purpose of obtaining the right to use the house, so the lease contract is a paid contract.

3 The lease contract is temporary. The lease contract transfers the right to use the leased house, so the lease term should not be too long, otherwise it will be inconsistent with the purpose of temporarily transferring the right to use the house, and it is easy to have disputes due to the return of the house. In addition, the lease contract is a creditor's right relationship, which is different from the perpetual nature of the property right, and if the lease term is too long, it is also harmful to the improvement of the leased house.

Therefore, Article 705 of the Civil Code stipulates that the term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.

At the expiration of the lease term, the parties may renew the lease contract, provided that the agreed lease term shall not exceed 20 years from the date of renewal.

2. How to unilaterally terminate the housing lease contract.

1. If the lessor fails to use the leased property as agreed, resulting in losses to the leased property, the lessor may terminate the contract.

2. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

3. If the lessee fails to pay the rent within the time limit, the lessor may terminate the contract.

Article 711 of the Civil Code [Liability of the Lessee for Failing to Use the Leased Property as Agreed] If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased object, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

Article 716 [Lessee Sublease of Leased Property] The lessee may, with the consent of the lessor, sublease the leased property to a third party in Peisui. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.

If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Article 722 [Legal Consequences of the Lessee's Violation of the Obligation to Pay Rent] If the lessee fails to pay the rent without justifiable reasons or delays in paying the rent, 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.

In the process of renting a house, I have encountered unreasonable behavior from landlords, mainly in the following situations:

1.Late withdrawal of high deposits.

Some landlords will ask for a high deposit of more than one month's rent, which increases the burden on tenants to a certain extent. In this case, I usually try to avoid choosing this**, or negotiate with the landlord to try to lower the amount of the deposit.

2.Withholding the deposit for no reason.

Some landlords withhold a portion of the deposit for no reason when they return it, or find various reasons not to return it. In this case, I will negotiate with the landlord and seek legal help if necessary to protect my legal rights.

3.Entering the room without permission.

Some landlords will enter tenants' rooms without permission, which not only affects tenants' privacy, but also creates a sense of insecurity for tenants. In this case, I will communicate with the landlord to reach an agreement as much as possible, and if it cannot be resolved, I can complain to the relevant department.

4.Raise rents without permission.

Some landlords will increase the rent in the middle of the lease, which violates the agreement of the lease contract and also brings unnecessary financial pressure to the tenant. In this case, I will negotiate with the landlord and seek legal help if necessary to protect my legal rights.

Overall, renting is a long-term process, and tenants need to take care to protect their legal rights. When encountering the landlord's unreasonable behavior, you should respond calmly, actively seek solutions, and protect your legitimate rights and interests. When choosing, you should also pay more attention to choose formal and reputable landlords and intermediaries to avoid unreasonable behavior.

Legal Analysis: Impossible. The conditions for a mortgage are:

The borrower has a legal and valid purchase contract or agreement and the ability to pay the down purchase price of the purchased house; The property rights of the mortgaged house are clear; The borrower is a natural person with full capacity for civil conduct with a legitimate occupation, stable income**, good information records, willingness to repay, legal and valid identity certificate and marital status certificate. Conditions for the sale of the house: 1. The seller must have the ownership of the house or the right to use the land.

2. The buyer and the seller must have full capacity. 3. The expression of intent of the real estate buyer and seller must be true and credible. 4. The real estate sales contract shall not violate the law or the public interest, that is, the content of the contract must be legal.

5. The form of the real estate sales contract must comply with the relevant laws and regulations of the Quiet Shed.

Legal basis: Article 1520 of the Civil Code of the People's Republic of China The contract between the parties concerning the establishment, modification, transfer and extinction of immovable property rights shall take effect when the contract is established, unless otherwise provided by law or otherwise agreed in the contract; If the property right is not registered, the validity of the contract shall not be affected.