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The landlord's deposit is not refunded when the rented house expires, and they call 12315 and they say that they will not deal with this kind of thing, in this case, the parties can use legal means to protect their legitimate rights and interests.
1. Most of the rents now require a deposit, if the lease contract does not specify the nature or rules of the deposit, the deposit is treated as a lease advance payment, and it must be returned anyway;
2. 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.
3. If there is property damage during the rental period, the deposit should be deducted, and the deposit should be refunded after deducting the property loss.
4. The problem of non-refundable rental deposit can be resolved through negotiation between the two parties, and if the negotiation fails, evidence can be collected and sued to the court.
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I think that when the lease expires and the landlord does not return the deposit, his property cannot be seized, and you can find the police station to solve it or solve it by law.
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No, it is illegal to seize other people's property without permission, and the deposit is not refundable, and it can be sued through legal procedures.
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No, you don't have the right to enforce the law! If you are seized, you are breaking the law! The right thing to do is to go to court and file a lawsuit. Let the law do justice for you!
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No, the right of lien does not apply to the lease relationship, and if the amount is large, it is recommended to go through legal procedures.
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Seizure may also be illegal: theft, snatching, it is possible. If the seized property is in your rented property that you can control and is worth about the same as the deposit, maybe you can consider it. It is recommended that he be prosecuted.
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In this case, a friend can call the police directly, don't dispose of his property at will, if he is a villain, he will accuse you of stealing. You call the police first.
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You can call the police and ask for help. This is best because you seize his property. He can also call the police. It's too small to sue you.
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This situation can be reported to the police at **110, and the public security organ will deal with it, which is better.
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You can go to court to complain to him.
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The landlord does not refund the deposit in the way that the handling method is to negotiate first, and if the negotiation fails, it can be sued to settle the matter. If the landlord violates the provisions of the Civil Code in bad faith, suing the court can not only demand the return of the deposit, but also require the landlord to pay liquidated damages according to the contract.
The Arbitration Law of the People's Republic of China provides that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations of equal subjects may be arbitrated.
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In the face of the unreasonable behavior of the landlord, we should take appropriate measures to protect our legitimate rights and interests. The following are some specific instructions:
1.Communicate with the Host: If we notice unreasonable behavior on the part of the Host, we should first communicate with them. You can express your grievances and suggestions in writing or verbally, and try to resolve disputes.
2.Protect your own rights and interests: If the landlord's unreasonable behavior has caused actual losses, such as refusing to return the deposit, we should promptly complain to the relevant local authorities and seek legal support.
3.Finding help: When facing difficulties, you can seek help from communities, schools, organizations, and other institutions. For example, you can consult the relevant regulations and systems with the property management company and the local ** department.
In short, when faced with the unreasonable behavior of the landlord, we should use appropriate methods to solve the problem and protect our rights and interests in the process. At the same time, it is also necessary to pay attention to the communication and relationship with the landlord to prevent related problems.
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If your second-hand landlord doesn't return your deposit, here are some things you can do to fix the problem:
1.Reminder for refund of deposit: You can ask the second landlord to return the deposit through **, text message, email, etc., and give a deadline for notice, if the second landlord does not accept the reminder, Wang Qing can consider taking further measures.
2.Send a lawyer's letter: You can ask a lawyer to handle it on your behalf, and send a lawyer's letter to the second landlord of Fanling, indicating that you want to return the deposit, and ask for the deposit to be returned within a certain period of time, so as to deter the economic losses of the second landlord and let the second landlord know your determination.
3.Rights protection appeal: You can file a rights protection complaint with the real estate management bureau, consumer rights protection committee, housing security department and other relevant departments, provide evidence, and entrust relevant departments to investigate and verify, so as to force the second landlord to return the deposit.
4.Legal prosecution: If the second-hand landlord still refuses to return the deposit, you can file a lawsuit with the court to recover the deposit through judicial means.
Either way, you need to actively gather evidence, including communication records, to prove that you are eligible to recover your deposit, while also being mindful of the timing and timeliness of the legal process.
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You may consider filing a lawsuit to ask your landlord to return your deposit.
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Legal analysis: The parties to the contract can negotiate a settlement, and if the negotiation fails, the lessee can file a lawsuit with the court after collecting evidence. If the nature or rules of the deposit are not specified in the tenancy contract, the deposit shall be treated as a rental advance and, unless otherwise agreed in the contract, shall be refunded to the tenant in full and without interest on the same day that the tenancy relationship is terminated and the tenant vacates, and all fees payable are cleared and paid.
If there is property loss during the rental period, the corresponding deposit can be deducted.
Article 557 of the Civil Code of the People's Republic of China In any of the following circumstances, the creditor's rights and debts shall be terminated:
a) the debt has been fulfilled;
2) Debts are set off against each other;
3) the debtor deposits the subject matter in accordance with law;
4) Creditors forgive debts;
5) Creditor's rights and debts are attributed to the same person;
6) Other circumstances provided for by law or by agreement of the parties to terminate the starvation.
If the contract is terminated, the rights and obligations of the contract shall be terminated.
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If the tenant decides to move out after the contract expires, but the landlord refuses to return the deposit, or finds various reasons not to return the deposit, what should the tenant do? 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 the landlord breaches the contract in bad faith, he can sue the court for both the return of the deposit and the payment of liquidated damages in accordance with the contract. The prosecution must be sufficiently evidentiated, and the following matters must be proved:
The tenancy relationship does exist and the tenancy relationship has ended; There are no of the above matters that require compensation to the landlord; The landlord does have the facts of the seizure of evidence. In order to prove the facts, the information related to the rental is usually retained as evidence to support the claim. However, it is important to note that the landlord has the right to withhold the deposit if:
The tenant fails to quit the lease at the time agreed in the contract; the tenant does not pay rent on a regular basis; Tenant damage belongs to the landlord. Legal basis: Article 215 of the Contract Law of the People's Republic of China [Form of Lease Contract] If the lease term is more than six months, it shall be in written form.
If the parties do not adopt the written form, it shall be regarded as an indefinite lease.
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On the day of termination of the lease contract, if the lessee has not breached any contract and there is no unpaid fee, the lessor shall take inventory of the leased property and return the deposit to the lessee after confirming that the leased property is not damaged. If the leased property is damaged, the lessor may deduct the corresponding deposit as agreed, and the deposit shall be returned without interest after deducting the loss of the property.
If the lessor refuses to return the deposit without justifiable reasons, the lessee may collect evidence and file a lawsuit with the court, and strive to protect its rights and interests reasonably and legally.
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If you have a contract, then the landlord must return the deposit, unless you have damaged his house, and many of the damages have reached the amount of the deposit, otherwise you can sue him.
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If the landlord's deposit is not refunded after the rent is due, you can take your rent contract to the police station to report the case, and ** will help you coordinate the refund of the deposit.
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There is no damage in the house, there is no owe of water and electricity, the landlord will return the deposit after painting the wall, and there is no friend in the contract to paint the wall.
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I'm sorry, I'm not very clear about this question, so I don't know either, I hope you can get a satisfactory answer, I wish you all the best, bye.
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