Unreasonable withholding of the deposit by the landlord? How to solve the landlord s withholding dep

If he doesn't return the money to you, you go to the police station, and then he will be afraid, because in that case, the police station will make him pay the fine and the tax on the rental house.

1. This is a lease contract dispute;

2. If the lessee fails to terminate the lease contract in advance within the time limit for the performance of the contract, it is a breach of contract;

3. Whether the deposit can be refunded and how it should be refunded depends on how the liability for breach of contract is agreed in the lease contract.

4. If there is no liability for breach of contract in the contract, the deposit shall be refunded;

5. Legal basis: Article 114 of the Contract Law [Liquidated Damages] The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the calculation method of compensation for losses arising from the breach of contract.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

If the lease contract expires.

The deposit must be refunded.

Do not retreat to quarrel with him, and call the police in time to deal with it.

At this time, it is easy to deal with it, and keep the evidence of paying the deposit.

Legal analysis: The landlord can take the way to withhold the deposit, of course, is negotiation and litigation, and the deposit will generally be agreed in the contract, and the landlord's behavior is a breach of the contract, which can be handled in accordance with the contract. Of course, negotiation in this kind of thing generally cannot solve the problem, and most of them 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.

Legal basis: Article 218 of the Civil Code of the People's Republic of China If the lessee uses the leased property in accordance with the agreed method or the nature of the leased object, resulting in the loss of the leased object, it shall not be liable for damages.

Legal analysis: 1. The deposit is that one party deposits a certain fee with the other party to ensure that its behavior will not cause damage to the interests of the other party, and if the damage is caused, it can be paid according to the facts or compensated separately. After the legal relationship between the parties does not exist and there are no other disputes, the deposit shall be refunded.

In the event of default, it will be deducted.

2. Generally speaking, the parties exercise their rights and obligations in accordance with the contract, and the lessor shall return the deposit paid by the tenant when renting the house after the expiration of the lease, but according to the law, the landlord can seize the tenant's deposit if there are the following circumstances: the tenant does not return the lease at the time agreed in the contract, the tenant does not pay the rent regularly, and the tenant damages the items belonging to the landlord.

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 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.

Legal analysis: It is necessary to determine whether it is illegal according to the circumstances agreed in the contract. If the parties exercise their rights and obligations in accordance with the contract, the lessor shall return the deposit paid by the lessee when renting the lease after the expiration of the lease.

However, if the tenant does not quit the lease at the agreed time in the contract, does not pay the rent regularly, or damages the items belonging to the landlord, the landlord can withhold the deposit.

Legal basis: Article 708 of the Civil Code of the People's Republic of China The lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased object in accordance with the agreed purpose during the lease term.

Article 709 The lessee shall use the leased property in accordance with the method agreed upon in the balance. 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.

Legal analysis: The landlord does not return the deposit without reason, of course, the way is to negotiate and sue, about the chain of caution Kaijin will generally be agreed in the contract, the landlord's behavior is a breach of the contract, can be dealt with in accordance with the contract. Of course, negotiation generally cannot solve the problem in this kind of matter, and most of them will go to the step of suing, and the landlord's malicious breach of contract violates the provisions of the Contract Law, and the court can not only ask for the return of the deposit, but also require it to pay liquidated damages in accordance with the contract.

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

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has 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 people's court receiving the lawsuit.