Does the landlord have the right not to pay back my deposit, and what should I do if the landlord ow

First of all, if you do not have a lease contract, then your lease relationship can be terminated at any time. Then you have not lived in it for a full month, and it is reasonable to pay rent on a monthly basis. As for the remaining deposit, the landlord should return it.

Secondly, you are renting the property and you are actually subletting it. You can contact the original landlord to explain the situation. However, I estimate that even if the original landlord did not agree to the sublease of the second landlord, he will ignore you because his interests have not been lost.

Again, you don't have a lease contract, you pay a deposit and you don't get any vouchers, and it's hard to get your money back.

Finally, a suggestion can be given to you is that you will sublet this property again and recoup part of the rent you have earned, which may reduce your losses.

Theoretically, if it is a second landlord, the original landlord does not know about the possibility of it, you can ask the other party to return your deposit, you can also tell the original landlord, let the other party claim that your lease contract is invalid, not even a month's rent to the other party, just pay on a daily basis.

But now look at your description, you don't have a lease contract, and you probably didn't ask the other party to sign a receipt when you were charged a deposit, right? Then it is difficult for you to prove that you have lived here, and it is even more difficult to prove that you have given a deposit, if it is difficult to come back, you should buy a lesson, walk away, pay attention to protect yourself, and pay attention to signing the contract when renting.

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

Article 509:The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 722 If the lessee fails to pay or delays the payment of rent without justifiable reasons, 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.

If the landlord does not refund the deposit, the methods are as follows:,1Negotiated settlement:

If there are no clearly unfair terms in the rental contract, it will be negotiated in accordance with the contract. In the case of self-possession, the negotiation fails, and it involves looking for other help. ,2.

Find the property or neighborhood committee or the police to help mediate: If the negotiation fails, you can find the property or the neighborhood committee or the police for help. ,3.

To report a complaint, call Complaints directly**. ,4.File a lawsuit in court.

Article 577 of the Civil Code: If a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. The renewal of the lease contract is not automatic. In accordance with the provisions of China's Civil Code, if the lease contract expires and is not renewed, but the lessee continues to use the leased property, and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease shall be an indefinite lease.

Legal basis, Article 733 of the Civil Code of the People's Republic of China, upon the expiration of the lease term, the lessee shall return the leased property. The returned leased property shall conform to the state in which it has been used in accordance with the agreement or according to the nature of the leased item. ,1.

The tenant did not surrender the lease within the agreed time in accordance with the contract. The lease contract stipulates the duration of the lease, and the rent payable for the rental is also charged according to the lease time. 2.

During the period when the tenant does not pay the rent regularly, it is the basic obligation of the tenant to pay the rent, and the rent shall be paid in accordance with the payment method, amount, time and place agreed in the contract. 3.If the tenant damages the items belonging to the landlord, take care of the facilities in the house, protect them from being damaged by himself or others, and if the items are damaged due to the tenant's reasons during the lease period, the damaged items shall be repaired or compensated to the lessor.

Civil Code of the People's Republic of China

Article 502.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

Civil Code of the People's Republic of China

Article 733.

Upon the expiration of the lease term, the lessee shall return the leased property. The returned leased property shall conform to the state in which it has been used in accordance with the agreement or according to the nature of the leased item.

Civil Code of the People's Republic of China

Article 703.

The lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

When renting a house, the landlord will collect rent, and at the same time, a part of the deposit will be charged as a rental guarantee, the deposit is refundable, what if the landlord owes the deposit?

If the landlord owes the deposit, you can also negotiate with the landlord to settle it, if the negotiation fails, you can collect evidence and file a lawsuit with the court. The deposit is generally stipulated in the contract, and the landlord's behavior is a breach of the contract and can be handled in the manner agreed in the contract. Of course, negotiation generally cannot solve the problem when encountering this kind of thing, and most of them will go to the step of suing, and the landlord's malicious breach of contract violates the law, and he can sue the court to demand the return of the deposit, and also require him to pay liquidated damages in accordance with the contract.

Precautions for renting a house and paying a deposit

1. The rental contract must be clear about the housing situation.

There is also a common problem in the rental contract, that is, although the contract says that the liquidated damages will be deducted in some cases, it does not clearly indicate under what circumstances the deposit will be returned.

2. In order to avoid disputes, the deposit terms should be detailed.

In order to avoid disputes arising from rental deposits, both parties generally include a rental deposit in the rental contract, and the following is a detailed description of the rental deposit:

1) The rental deposit is generally agreed between the tenant and the landlord, and the actual deposit is generally not more than two months.

2) In order to ensure that the house and its appliances are not illegally resold and the deduction of utility bills, the tenant generally agrees to pay the landlord a rental deposit, and there will be a corresponding invoice after receiving the deposit.

3) 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.

4) Unless otherwise agreed in the tenancy contract, the tenant shall return the full amount of the deposit to the tenant without interest on the day after the tenancy relationship is terminated and the landlord vacates, counts and pays all fees due.

3. If there is no damage to the housing facilities, the deposit should be refunded in full.

When the tenant requests to quit the lease at the end of the contract, the landlord may deduct the tenant's deposit on the condition that the housing facilities are damaged or other excuses, causing unnecessary losses to the tenant. Therefore, when signing the lease contract, both parties should indicate the number of working days after the expiration of the lease agreement, and the landlord should return the deposit if the house and its facilities are not damaged.

Legal analysis: the rental deposit is not refundable, and the tenant can negotiate with the landlord to settle it, if the negotiation is not impersonated, evidence can be collected and sued to the court.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

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 the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.

It is illegal to damage something in the landlord's house because the landlord does not refund the deposit. Because these are two levels of legal relationship, they cannot be confused. If the lease is terminated at the end of the lease, the landlord shall return the deposit in accordance with the lease contract, and if the landlord refuses to return it, he can file a civil lawsuit with the court to recover the deposit, which is a civil dispute.

Intentional destruction of other people's property is usually punishable by public security, and if it reaches a certain amount, it will also constitute a crime.

Legal analysis

The tenant has not caused any damage to the rented premises or facilities or has not committed other acts in violation of the lease contract during the lease period (if the tenant fails to surrender the lease on time or fails to pay the rent on time, the lessor shall return the deposit to the tenant in full after the expiration of the lease period). If the landlord refuses to return the deposit, it is a fundamental breach of the lease contract, which can be dealt with in accordance with the contract. If the lessor intentionally destroys the lessor's finances because of this, under normal circumstances, the lessor will only be subject to public security administrative penalties (including administrative detention, fines, etc.) if the amount is not large, and the people's court will impose a criminal penalty if it finds that the act violates the citizen's property ownership and constitutes the crime of intentional destruction of property.

Legal basis

Criminal Law of the People's Republic of China: Article 275: Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Criminal Law of the People's Republic of China" Article 276 Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or otherwise sabotages production and operation, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment. Article 276-1: Whoever evades the payment of labor remuneration to a laborer or fails to pay the labor remuneration of a laborer by means such as transferring property or escaping, or who has the ability to pay but does not pay the laborer's labor remuneration, and the amount is relatively large, and the relevant department still fails to pay it, shall be sentenced to up to three years imprisonment or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.

If the landlord fails to repay the deposit, the tenant can request help in mediation and negotiation from the Xinzhao Neighborhood Committee and the police station, or apply for arbitration or file a lawsuit in accordance with the relevant terms of the rental contract, requesting the landlord to bear the liability for breach of contract and return the deposit.

Article 394 of the Civil Code.

In order to guarantee the performance of the debt, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or third party mentioned in the provisions of the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing security is the mortgaged property.

Article 578.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.