-
The deposit is clearly stipulated in the Security Law, and the parties may agree that one party shall pay the other party a deposit as security for the creditor's rights, and after the creditor 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, and if the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double. In general, the deposit is regarded as an advance payment, and if the recipient of the deposit defaults, only the amount received will be refunded, and no double refund will be required.
-
It stands to reason that it should be doubled, but it is not explained absolutely, and your customer should talk about the situation at home, I think if there is really something to understand, this matter is originally your unreasonable, so try to be polite when talking to people, and make money with anger! Good luck!
-
For the "deposit", according to the relevant provisions of the Contract Law, if there is an agreement between the two parties, it shall be executed in accordance with the agreement; If there is no agreement, the "deposit" will be doubled when the operator defaults, and the "deposit" will not be returned when the consumer defaults. As for the "deposit", there is no clear provision in the current law, which can be regarded as "advance payment", and if there is an agreement between the two parties, it shall be executed according to the agreement; If there is no agreement, the operator shall unconditionally refund the money when it breaches the contract, and the consumer may request the operator to refund the money when it breaches the contract.
-
It depends on how your contract is written!
Generally speaking, if the other party does not cause losses, it can be compensated appropriately!
It depends on the contract!
-
Yes! Because you're in default!
-
Legal analysis: If you don't rent at this time, it is a breach of contract, and the deposit needs to be refunded twice.
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.
Article 588:Where the parties agree on both a void deposit and a deposit for breach of contract, the other party may choose to apply the liquidated damages or deposit clause in the event of a breach of contract.
If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses exceeding the amount of the deposit.
-
Legal analysis: If the landlord breaches the contract, it should be dealt with in accordance with the relevant clauses noted on the contract. In the event of a breach of contract by the landlord, the tenant has the right to continue the tenancy, and the landlord may demand compensation in accordance with the terms and conditions of the tenancy contract for the tenant's breach of contract.
1. When the lease relationship between the landlord and the tenant arises, it is necessary to sign a housing lease contract to bind both parties to the relevant problems during the lease period, and the lease contract (1) should specify the names or names and addresses of the parties; the period, place and manner of performance; Liability for breach of contract and methods of dispute resolution. A lease contract with a clear breach clause can play an important role in the event of a dispute or breach of contract. 2. During the period of the lease relationship, if the landlord breaches the contract, the tenant has the right not to move out During the existence of the lease relationship, the landlord and the tenant should jointly perform their respective obligations in accordance with the requirements of the lease contract documents, and if the landlord needs to breach the lease contract due to the landlord's own reasons, the tenant has the right to continue to live in the house in accordance with the lease contract or demand economic compensation from the landlord before terminating the lease contract.
3. During the lease relationship, if the tenant breaches the contract, the landlord has the right to demand compensation in accordance with the contract During the existence of the lease relationship, if the tenant delays the payment of rent or violates the relevant terms of the lease contract due to other behaviors, the landlord has the right to require the tenant to deal with it in a timely manner or pay the rent in a timely manner; If the tenant's serious behavior leads to a breach of the lease contract or even a breach of contract, the landlord has the right to claim compensation from the tenant in accordance with the breach clause in the lease contract, and if the tenant fails to perform the clause, the tenant can recover the economic loss through legal means.
Legal basis: Civil Code of the People's Republic of China Article 584 Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
-
Summary. Kiss will be happy to answer for you! The lessee can ask the lessor to return double the deposit.
I didn't sign a contract + but paid a deposit to rent a house, and now the landlord doesn't want to rent anymore, does the deposit need to be compensated twice?
Kiss will be happy to answer for you! The lessee can ask the lessor to return double the deposit.
Legal analysis: According to the deposit penalty rule, the party paying the deposit has no right to require the other party to return the deposit if it fails to perform its obligations; If the party receiving the deposit fails to fulfill the debt, it is required to return the debt to the other party in double. After the debtor fulfills the debt, the deposit shall be offset against the price or recovered in accordance with the agreement.
<> legal basis: The department imitates Article 5 of the Civil Code of the People's Republic of China to change Article 187 of the "Civil Code of the People's Republic of China" to the debtor, and 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.
-
1. Does the rental deposit need to be refunded twice?
A refund of the deposit does not have to be a double refund. The deposit is the result of negotiation between the parties and not a specific provision of the law. A system produced by the private sector in response to the needs of the transaction, it is generally considered to be a contract in rem, and the actual delivery of money can only be effective in the contract, and in practice, because the rental rent can effectively protect the interests of the landlord, the deposit for the rental has become a common phenomenon.
2. Extended content.
I paid a deposit for renting a house in Antai Real Estate Company, and the deposit should be refunded if the house is no longer rented.
Hello! If the parties agree to pay a deposit as security for the conclusion of the main contract, and the party who paid the deposit refuses to enter into the main contract, it has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, the deposit shall be returned in double.
It is recommended to inquire by phone, and the field lawyer team will wholeheartedly provide you with professional legal help, and make a more comprehensive and accurate answer for you according to the specific situation of the case and the current relevant evidence materials. I would like to ask how to write a refund of the rental deposit.
After the expiration of the lease period, the tenant has not damaged the house and its accessories (the tenant returns it to the landlord in the same way as the landlord handed it over to the tenant), the tenant has not defaulted on the contract (e.g., failure to pay rent on time, no arrears, etc.), and if there are no above problems, the original deposit can be refunded. Is it okay not to refund the deposit for low-rent housingHow to apply?
The applicant (head of household) for low-rent housing shall apply for low-rent housing at the sub-district office where the household registration is located with the above-mentioned documents. Acceptance, allocation:
1. The sub-district office where the household registration of the low-rent housing applicant is located shall accept the application, receive and fill in the "Verification Form for the Family Situation of Urban Residents in Low-rent Housing", and the relevant units shall seal it.
2. The sub-district office accepts the application (within 5 days) and evaluates the household survey of the applicant.
3. The sub-district organization shall publicize the preliminary examination of the applicant's household registration, place of residence and work unit (10 days), and the sub-district township shall submit the preliminary examination opinions and placement plan (2 working days).
4. The district and county review the application materials, determine the placement plan (5 working days), and publicize it (5 days).
5. Municipal housing security department for the record (2 working days).
6. If the conditions are met, the lottery will be allocated.
7. Shake the middle and allocate low-rent housing; If you do not win the lottery, you will continue to wait or be disqualified.
In my personal opinion, it is more cost-effective to rent a house, it is a waste of money to buy a house, and now this era is becoming more and more uncertain, so it is more appropriate to leave some money for your own pension and buy an insurance for yourself, so that you can more or less have a sense of stability, if you just spend such a big price for a place to live, it is really not cost-effective.
If you have a certain amount of savings, it is recommended that it is more cost-effective to buy a house. Buying a house is your own and is a fixed asset.
The deposit is refundable, but the deposit is non-refundable. >>>More
Legal analysis: Low-rent housing refers to the provision of social security housing in the form of rent subsidies or rent in kind to families who meet the minimum living security standards of urban residents and have housing difficulties. The distribution of low-rent housing is mainly in the form of rent subsidies, supplemented by rent allocation in kind and rent reduction and reduction. >>>More
I had this idea at first, but after thinking about it, it was not advisable. >>>More