Non refundable deposit? 50, the house is not refundable deposit?

Isn't there a lease contract? If you don't give the court a lawsuit, the key to prosecution is that the Chinese are troublesome about these things, and if they feel that the money is not much, they will suffer a dumb loss, so they will increase the arrogance of these people, go and sue them.

1. This is a lease contract dispute; Negotiable.

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.

Find the signed housing lease contract, read the above content one by one, collect the deposit and return it should have a clear explanation, and then negotiate, if the negotiation fails, call the police first, and then go to the people's court to sue, and keep the transfer account, contract, and WeChat chat records at that time.

If the landlord does not return the deposit without reason, the way that can be taken is first of all, negotiation. 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. Second, if it cannot be resolved through negotiation, it can be resolved by litigation.

If it's a small intermediary, it's really good. All you can say is bring a few able-bodied people with you. Now the intermediaries are bullying the soft and afraid of the hard.

When renting a house, you should have signed a contract, keep the contract, and then record the agent when you hit **, save these things, if the agent still does not return, then you will sue.

Did you find an agent when you rented a house, if it was an agent who helped you find it, you can go to an agent.

Legal analysis: if there is an agreement in the contract, it shall be handled in accordance with the agreement in the contract; If there is no agreement, the parties may negotiate to handle the matter, and if no agreement is reached through negotiation, a lawsuit may be filed with the court. In order to file a lawsuit with the court, the conditions that must be met are that the plaintiff is a citizen, legal person or other organization that has a direct interest in the case

Legal basis: Article 466 of the Civil Code of the People's Republic of China: Where the parties have a dispute over the understanding of the terms of the contract, the meaning of the disputed clause shall be determined in accordance with the provisions of the first paragraph of Article 142 of this Law. If the contract text is concluded in two or more languages and it is agreed that it has the same effect, the words and phrases used in each text are presumed to have the same meaning.

Where the words and phrases used in each text are inconsistent, they shall be interpreted in accordance with the relevant terms, nature, purpose, and principle of good faith of the contract.

Legal analysis: the intermediary must keep the original of the rental contract and the deposit slip if the deposit is not returned, and then go to the industrial and commercial bureau or industrial and commercial office where the intermediary company is located to complain, and the complaint of the urban construction bureau can be carried out directly online, and the receipt must be asked for when receiving the deposit.

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

Article 470:The content of the contract is agreed upon by the parties, and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

The non-refundable housing deposit is as follows:

1. If the lease contract does not specify the nature or rules of the deposit, the deposit shall be treated as a lease advance payment and shall be returned in any case;

2. Where a party pays a lien, guarantee, security deposit, contract money, deposit or deposit, etc., but does not agree on the nature of the deposit, the people's court shall not support the party's claim for the right to the deposit;

3. Unless otherwise agreed in the contract, the landlord shall return the full amount of the rental deposit to the tenant without interest on the day after the lease relationship is terminated and the tenant vacates, and all fees payable are cleared and paid;

4. If there is any property loss during the period, the deposit can be deducted accordingly, and the deposit should be returned after deducting the property loss;

5. In the absence of a clear agreement on the nature of the deposit, the role of the deposit is to set up a guarantee for the house and the property in the house, and if the property loss of the lessor's house and indoor facilities is caused during the lease period, it will be deducted from the deposit;

6. If the loss is not caused, it shall be refunded when the contract expires or the contract is terminated.

Legal basis: Article 703 of the Civil Code of the People's Republic of China.

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

Article 704.

The contents of the lease contract generally include the name, quantity, use, lease term, rent and payment period and method of the leased property, and the maintenance of the leased property.

The circumstances in which the rental deposit is not refundable are: the tenant does not pay the rent on a regular basis; The tenant damages items belonging to the landlord; The tenant does not quit the lease at the time agreed in the contract, or quits the lease early.

The landlord will not refund the deposit in the following circumstances:

1) The landlord has the right to withhold the rent without the consent of the lessor without the consent of the tenant in accordance with the contract;

2) The landlord has the right to withhold a deposit equal to its value if the tenant damages the premises and its belongings;

3) If the tenant fails to pay the rent after the payment period, the landlord has the right to deduct the rent payable by the tenant from the deposit, but the amount deducted shall be equal to the amount of rent and the amount of liquidated damages.

The role of the deposit:

Paying a deposit is actually a security measure for the landlord's property in the house and the house itself. If the tenant has damaged the property during the rental period and has not repaired or compensated for it, the landlord will deduct it from the deposit paid by the tenant, and if there is any remaining deposit at the time of departure, it will be returned to the tenant, but if the deposit is not enough to compensate for the loss, the landlord can ask the tenant to make up the payment.

We hope you find the above helpful, and if you have any further questions, please consult a professional lawyer.

Legal basis]: According to Article 578 of the Civil Code, which came into effect on January 1, 2021, if one of the parties clearly states or shows by its own behavior that it does 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. Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment.

If the lessor refuses to return the deposit, the lessee can request help from the local neighborhood committee or police station under normal circumstances, and then conduct mediation and negotiation together. The landlord will not refund the deposit, and call ** to 12315 and 96315 Consumer Association to consult and complain. If the landlord does not return the deposit, he can call the police to deal with it, or he can complain to the housing management office.

If the lessor refuses to return the deposit, the lessee can generally request help from the local neighborhood committee or police station, and then conduct mediation and negotiation together.

Legal basis: Article 704 of the Civil Code of the People's Republic of China The content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of the leased object, maintenance of the leased object, etc.

Article 577 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 96 of the Civil Procedure Law of the People's Republic of China: Reaching an agreement through mediation must be voluntary and must not be forced. The content of the mediation agreement must not contravene the provisions of the law.

Article 21 of the Arbitration Law of the People's Republic of China A party applying for arbitration shall meet the following conditions:

a) there is an arbitration agreement;

2) There is a specific claim for arbitration, as well as facts and reasons;

3) It is within the scope of acceptance by the Arbitration Commission.