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This is negotiable, you go to him and tell him that he wants to return. I'm really sorry, two thousand is not a decimal for a child. It's okay to be able to give a part of the refund.
She's just looking for another tenant, and she can get some more money out of thin air, why wouldn't she do it? It shouldn't be unreasonable, talk to her! It's okay!
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If you automatically ask to check out, then you are in breach of contract, and the contract generally stipulates the liability for breach of contract, and if you breach the contract, the deposit will come to the liquidated damages of the contracting party. In addition, if you sign a one-year contract with the landlord, you will naturally have to pay a full year's rent, regardless of whether you have lived here for a long time, even if you only live one day in the year, you will have to pay a year's rent. Now try to sit down with the landlord and have a good talk, see if you can terminate the contract you signed, and explain to her that your current situation may be okay, as long as both parties agree to terminate the contract, it is naturally not a breach of contract.
These general contracts will be reflected, and it is best to read the rental contract you signed clearly before negotiating.
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First of all, it is not wise for you to rent such an expensive room yourself, you can find your classmates to share the rent, this is the best way. Or simply rent it to someone else, which requires you to use your brain, contact your classmates more, and even advertise near the house. In addition, it is recommended that you talk to the landlord first, in this case you are in a disadvantageous position, the business has business rules, he will not see that you are a student and pity you for not thinking about the contract, the landlord will generally hold the contract"Blackmail"You, you may have to make some concessions.
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If you don't quit, you can share or sublet.
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The contract says so. Therefore, it cannot be returned. And that's what you promised to someone else. Legally and by promise, you admit to renting for a year.
Now the only way is to negotiate directly with the landlord. It's okay to look back halfway.
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Legal analysis: whether it can be refunded can be discussed in two situations, the first case: the contract mentions that you cannot leave the house early before the expiration of the lease, then in this case, the deposit cannot be refunded; The second scenario:
If the contract does not mention the penalty for early departure, you can negotiate with the landlord in this case.
Legal basis: Civil Code of the People's Republic of China
Article 470:The content of a contract is agreed upon by the parties, and generally includes the following clauses: the names and residences of the parties, the price or remuneration, the time limit, place and method of performance, liability for breach of contract, and the method of resolving disputes, and the parties may conclude contracts with reference to the model texts of various types of contracts.
Article 513:The term "pledge of movable property" as used in this Law refers to the debtor or a third party handing over its movable property to the creditor for possession and using the movable property as security for creditor's rights. When the debtor fails to perform its obligations, the creditor shall have the right to receive priority repayment in accordance with the provisions of this Law at the discount of the movable property or the price of the auction or sale of the movable property. The debtor or third party provided for in the preceding paragraph is the pledgee, the creditor is the pledgee, and the movable property transferred is the pledge.
Article 530:Where the debtor performs the debt upon the expiration of the period for performing the debt, or the pledgor pays off the secured creditor's right in advance, the pledgee shall return the pledge.
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Legal analysis: If the lease contract has not expired, if the lease contract clearly stipulates that the tenant can directly deduct the tenant's deposit when the tenant checks out or subleases before the lease period expires, then the contract is valid and the landlord has the right not to return the deposit. If there is no direct agreement on the deposit in the lease contract, the deposit shall be refunded to the tenant.
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If you pay a deposit for renting a house, you can refund it if you don't want to rent, as follows:
1. The rental deposit is generally used to restrain the tenant's breach of contract, such as the tenant surrendering the lease in violation of the contract, damaging the goods, failing to pay the water and electricity bills, etc.;
2. If there is no such behavior, then you can request a refund when the lease period expires or the lease contract is terminated.
The specific treatment of the non-refundable deposit for renting a house 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 has the nature of an agreed deposit, and the party claims the right to a deposit, the people's court will not support it;
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 property loss during the rental period, the deposit should be deducted, and the deposit should be refunded after deducting the property loss;
5. In the case of a clearly agreed 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 caused, the contract shall be refunded when the contract expires or the contract is terminated;
7. 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.
Legal basisArticle 585 of the Civil Code of the People's Republic of China.
The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them according to the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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1. Tell the landlord or intermediary 1 month in advance to tell the landlord or intermediary to check out, and have paid the relevant fees such as water and electricity properties, and keep the relevant bills for settlement. 2. Check the use of the items in the room, whether there are any damaged furniture and appliances, and try to restore them. 3. If possible, try to keep the house clean when it is delivered, so that the deposit can be refunded in full when the settlement is made.
4. If the deposit is not returned, do not deliver the key first. The last installment of water and electricity property and other related expenses will be paid after the deposit is negotiated, and the relevant bills should be kept.
Article 577 of the Civil Code: If 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 the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 578 of the Civil Code provides that if one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.
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The deposit is refundable for early departure. The deposit is an advance payment for the rent, and if you quit the rent early, you will no longer use the house, and you will not need to pay the rent again, and you can ask for a refund of the rent. However, early surrender constitutes a breach of contract and is subject to liability for breach of contract.
Article 143 of the Civil Code stipulates that a civil juristic act is valid if the following conditions are met: (1) the actor has the corresponding capacity for civil conduct; (2) the intention is true; (3) The raid does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Article 502 stipulates that a contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply. If the contract only stipulates the principle of liquidated damages, but does not specifically stipulate the proportion or amount of liquidated damages, and the relevant laws do not clearly stipulate the proportion or amount of liquidated damages, the general principles of the Civil Code on the liability for liquidated damages can be followed. Generally speaking, the maximum amount of liquidated damages is not more than 30% of the actual loss.
However, if it is too high or too low, the court can be requested to grant a decrease or increase. Liquidated damages can be divided into statutory liquidated damages and agreed liquidated damages. Statutory liquidated damages refer to the liquidated damages that have been expressly provided for by law and changed to the applicable circumstances, proportion or amount; Agreed liquidated damages refer to the liquidated damages that the parties to a contract agree on when signing the contract.
According to the provisions of the Civil Code, the lessee and the lessor may terminate the lease contract in advance when the tenant and the lessor reach an agreement or if the leased property endangers health. Article 729 of the Civil Code [Legal Consequences of Damage or Loss of Leased Property Not Attributable to the Lessee] If the leased property is partially or wholly damaged or lost due to reasons not attributable to the lessee, the lessee may request a reduction in rent or not pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the leased property, the lessee may terminate the contract. Article 731 [Lessee's Right to Terminate When the Quality of the Leased Property is Unqualified] If the leased property endangers the safety or health of the lessee, the lessee may still terminate the contract at any time, even if the lessee clearly knows that the quality of the leased property is not up to standard at the time of entering into the contract.
Article 703 of the Civil Code A 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.
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If the contract stipulates that the deposit will not be refunded in full or in part, the deposit will generally not be refunded in full. However, try to negotiate with your landlord. According to Article 577 of the Civil Code, if a party fails to perform its contractual obligations or fails to comply with the contractual obligations, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578 stipulates that if one of the parties clearly shows that it does not perform its contractual obligations or shows by its own conduct, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.
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. Article 578 of the Civil Code provides that 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 that it bear the liability for breach of contract before the expiration of the performance period.
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Hello, the rental deposit can be refunded when the lease term expires. In other cases, whether the rental deposit can be refunded or exchanged depends on the agreement in the housing lease contract. According to the provisions of Article 509, Paragraph 1 of the Civil Code, the parties to the bridge lead search shall fully perform their obligations in accordance with the agreement.
Article 703 stipulates that a 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.
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