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Of course, this is unreasonable, but I think you should ask for a refund of the deposit in person, pay the money with one hand and return the receipt with the other, otherwise he will give you the deposit first, so it is better to pay the money with one hand and deliver the goods with the other.
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The landlord asks for a receipt before returning it. Is the bonus reasonable? A receipt should be given. Then refund, the bonus is also reasonable, and you will be given more. Yes, you can also.
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If you rent a house, you must read it clearly, and don't give this kind of receipt first, you have to deliver the goods with one hand and pay the money with the other, so that it is safer.
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I feel that now is that both of you are distrustful, and you are not willing to give each other's things first.
If that's the case, I think you should settle it face-to-face.
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Is it reasonable for the landlord to ask for a receipt first and then return the deposit?Two people don't trust each other, so they can give it in person, pay the money with one hand and deliver the goods with the other.
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It should be reasonable to ask for a receipt and then a refund of the deposit, and you can negotiate a solution to this matter.
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Legal analysis: Returning the deposit means that you need the other party to return the deposit slip written when you collected the deposit, and the receipt is not used. The conditions for the return of the deposit deposit, when the time limit for the return of the deposit deposit agreed in the contract is reached, the physical object guaranteed by the deposit deposit has been returned, and the cost has been settled.
The original receipt of the deposit guarantee receipt or the receipt of the returned money received by the other party. Refund application and supporting documents proving that the conditions for the refund of the deposit deposit are met. If the payer of the deposit is a legal person, it will be refunded by transfer.
The non-local entity is also required to provide the full name of the company, the bank, the name of the receiving bank, the location of the receiving bank and the contact person** in writing, and affix the official seal. If an individual receives cash, the recipient must issue a power of attorney with the official seal and a personal identity certificate issued by the law enforcement unit, and the power of attorney and a copy of the ID card shall be attached to the refund.
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 of the goods 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 party shall return the deposit twice.
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1. When renting a house and checking out, whether it is necessary to write a receipt for receiving a deposit is not clearly stipulated by law, but if the deposit is withdrawn, the lessor will generally recover the deposit receipt issued from the lessee. II[Legal basis].Article 212 of the Contract Chain of the People's Republic of China is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.
Article 213 The contents of the lease contract include the name, quantity, purpose, lease term, rent distribution and payment period and method of the leased item, and maintenance of the leased item. Article 216 The lessor shall deliver the leased object to the lessee in accordance with the agreement and keep the leased object in accordance with the agreed purpose during the lease periodArticle 217 The lessee shall use the leased object in accordance with the agreed method. If there is no agreement on the method of use of the leased property or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, it shall be used in accordance with the nature of the leased property.
Article 218 Where the lessee uses the leased property in accordance with the agreed method or the nature of the leased item, resulting in the loss of the leased item, it shall not be liable for damages.
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Analysis of the law of the Farna: 1. There is no need to return the contract to the landlord.
If the landlord wants to go back, you are willing to give it, and there is no dispute between the two parties, and it is no problem to give the contract to the landlord.
2. If the landlord does not return the deposit on this ground, this is a civil dispute, and the police don't care, just go to the court to sue.
Legal basis: Article 587 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. 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, it shall return the deposit twice.
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If you don't sign the contract, the deposit can be refunded. According to the provisions, if the sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall also return the deposit. Article 44 of the Contract Law stipulates that a contract established in accordance with law shall take effect upon its establishment.
Where laws and administrative regulations stipulate that approval, registration and other formalities shall take effect, in accordance with their provisions, firstly, the landlord may first negotiate if he does not return the deposit without reason, and if the negotiation fails, he may file a lawsuit. Regarding the deposit, there is generally an agreement in the contract, the landlord's behavior is a breach of contract, and the loss of the deposit can be dealt with in the manner agreed in the contract, and it will not change the fact of paying the deposit. However, if the other party does not admit that it has received your deposit, and you cannot provide a deposit slip or other evidence to prove that you have paid a deposit, you will have to bear the legal consequences of failing to provide evidence, and you will not be able to ask for a refund of the deposit.
In the housing lease contract, if the contract is terminated, whether the deposit will be refunded or not needs to be analyzed according to the following circumstances:
First, the lessee and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be subject to the agreement between the two parties;
Third, if the lessee breaches the contract, resulting in the lessor requesting to terminate the contract, the lessee bears the liability for breach of contract and the deposit needs to be returned;
Fourth, if the contract cannot be continued due to the termination of the contract or force majeure, it shall be handled in accordance with the contract.
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When some people rent a house, after negotiating with the landlord about rent, deposit and other lease issues, in order to save the time and energy of both parties, they directly determine the lease relationship without signing a lease contract. When the tenant does not want to continue renting and asks the landlord to quit the lease, the landlord refuses to return the deposit on the grounds that he has not signed the contract, which directly damages the interests of the tenant.
First of all, without signing the lease contract, the tenant can negotiate with the landlord to return the deposit.
According to the actual situation of the leased house and the agreement of both parties, negotiate the return of the deposit.
Secondly, if the two parties do not negotiate or the negotiation fails, the landlord should return the deposit when the tenant quits the lease within the agreed time.
To determine the lease relationship, it is possible to orally agree on issues such as rent and deposit, which is not a formal contract. Therefore, if there is no lease contract, but there is a de facto lease relationship, then both parties should abide by the deposit clause.
However, unless otherwise agreed by the parties on the terms of the deposit, the landlord shall refund the full amount of the rental deposit without interest on the day after the lease relationship is terminated and the tenant vacates, counts and pays all fees due.
Finally, if the lease contract is not signed and the landlord refuses to return the deposit, the tenant can directly go to the court to sue if necessary.
In addition, when going to the court, since there is no direct lease contract that can directly prove the existence of a deposit clause, it is recommended to collect and sort out other evidence materials that can be proved, such as deposit receipts.
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According to the relevant laws of China, if the lease house has not signed a contract, the lessee has paid the deposit, if the lessee does not want to lease, the lessor can be required to return the deposit.
The parties may resolve contractual disputes through conciliation or mediation.
If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.
The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.
Do I need to give a deposit to the agent to rent a house?
In fact, for the time being, in addition to charging intermediary fees, intermediaries generally do not charge other fees, and if they charge other fees, they may not be collecting money for themselves.
However, it is clear that renting does not require any deposit to be paid to the agent. In fact, when renting a house, the deposit is given to the landlord, that is, the renter. Even if the agent collects a deposit when renting a house, it is only collected on behalf of the landlord, and the deposit has nothing to do with the agent.
Because the lease contract is mainly a housing lease agreement signed between the lessor and the lessee, if the tenant breaches the contract, it will mainly cause losses to the lessor. The reason why you have to pay a deposit is actually a security deposit that the landlord collects to avoid losses during the rental period of the property.
Therefore, people who are looking for an intermediary to rent a house in life must be clear about the items charged by the intermediary, if the fee is not very clear, the suggestion is to pay it after it is clear, and don't be confused in order to rent a house as soon as possible and take out the money at once. Of course, there are receipts or agreements for general charges, so the tenant should keep the relevant vouchers and do not throw them away at will, which can easily lead to the inability to find evidence after a dispute.
Nowadays, as the intermediary of housing leasing, the agent basically does not meet the real owner when renting the house, and the tenant has to communicate with the agent about all the problems of the house, and the agent actually has a greater right in this. Then, if the tenant withholds the deposit for no reason when the tenant moves out, the real estate agent can do the following:
1. If the tenant has not breached the contract, he can ask your agent to return the deposit without any reason.
When the tenant moves out, if the damage to the property is not caused by man-made damage, and the tenant has not violated the terms of the lease contract, the rental agent shall return the deposit in full.
2. If the intermediary does not return the deposit according to the regulations, the tenant can report or complain.
If the intermediary violates the obligation to return the deposit, the tenant should report it to the industrial and commercial department in a timely manner, and at the same time, he can also file a complaint with the housing authority and other departments in charge of the intermediary.
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If you're renting a house with just a deposit and a receipt, but haven't signed any formal lease contract, here are a few things you need to consider:
1.Be aware of local laws and regulations: Different countries or regions may have different requirements for a deposit and rental contract. Therefore, you need to be aware of the relevant local laws and regulations to determine whether you are entitled to a refund of your deposit.
2.Negotiate with the landlord: Even if you don't have a lease contract, you can still negotiate with the landlord to get your deposit refunded. You can communicate with the landlord in writing or verbally about your reasons for requesting a refund of your deposit and ask them to refund your deposit in the amount on the receipt.
3.Prepare evidence: If you are requesting a refund of the deposit, you will need to have relevant evidence ready, such as receipts, communication records, witness statements, etc., to prove that you paid the deposit and made a request for a refund to the landlord.
Please note that if you do not have a tenancy contract between you and your landlord, you may face some risks, such as the fact that you may have difficulty proving details such as your tenancy period and rent amount. Therefore, it is best to make sure that you have a formal lease agreement in place before renting with your landlord to protect your rights.
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Renting a house, paying a deposit and writing a receipt, but not writing a contract, the need to return the deposit is a controversial topic, which has aroused heated discussions among many ordinary people, experts and scholars.
On the one hand, there are those who believe that without signing a contract, there is no need to return the deposit. In their view, since there is no written agreement between the parties, there is naturally no obligation to agree. The deposit paid by the renter is only to ensure the rights of the landlord, and during the rental period, the renter is obliged to comply with the landlord's rules without the need to return the deposit.
On the other hand, there are also those who believe that it is still necessary to return the deposit without signing a contract. They believe that both renters and landlords should comply with laws and regulations, and the deposit is no exception, and the deposit should be returned according to the terms agreed by both parties.
In view of this, although there is no contract, the landlord and renter should respect each other, respect the law, fulfill their obligations according to the terms agreed by both parties, and demand a refund of the deposit if necessary. From a reasonable point of view, only in accordance with the terms agreed by both parties can the rights of each other be guaranteed and the legitimate interests of both parties can be safeguarded.
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According to the relevant laws and regulations, the housing lease relationship generally needs to be established by signing a lease contract.
If you paid a deposit but didn't sign a lease contract when you rented a property, there may be some legal uncertainty about the tenancy relationship between you and your landlord.
In this case, you need to judge whether you can refund the deposit normally based on the actual situation.
If you can prove that you have paid the security deposit to the landlord and that you have fulfilled your obligations on time and on contract, such as paying rent on time and abiding by the tenancy agreement, then you can ask the landlord to return your deposit.
However, if the landlord disputes the ownership of your deposit, or if you fail to meet your rental obligations, then the landlord may refuse to refund your deposit on this ground.
If you pay a deposit but don't sign a tenancy contract, whether or not you can get your deposit back depends on the specific circumstances between you and your landlord.
It's a good idea to negotiate with your landlord to resolve the issue as soon as possible. In the event of a dispute, you may seek legal assistance or seek advice from a legal professional.
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