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The landlord doesn't give you a refundable deposit, the landlord doesn't give you a refundable deposit, what did he say to you? You have to do things according to the contract written in the contract, if you don't damage the property in his house, then he will return it to you, if you have damage, his property can also deduct the damaged things, and he still has to return the rest, you have to discuss with him and solve it well.
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Yes, that's the price you have to pay on impulse. Because you have to think about it, if you pay the rent, it means that you have to approve the rent, and at the same time, the landlord will make some corresponding preparations, he may push off others, he may have done some cleaning or something, these are paid by the landlord. If you really want to get back, talk to the landlord and ask the landlord to charge a little bit for this damage.
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Each renter is required to sign a rental contract beforehand. A security deposit is a security deposit that serves as compensation for damage to public property. If the property is intact, negotiate with the landlord to refund the deposit. If the negotiation fails, they must go through legal procedures to protect their rights and interests.
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This is very difficult to do, because you don't even sign the housing lease deposit contract, there is no basis, and there is no middleman, no one testifies to you, and it is difficult to do, and the law also has to talk about evidence.
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If the landlord does not give you a refund of the deposit, you can go directly to him according to the terms of the housing contract.
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Negotiate well, and if you really can't solve it, call the police to deal with it.
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Coordinate well with the landlord and call the police to deal with this matter if you don't return.
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You're too impulsive, and you've decided in private, and there's no substantial evidence, so it's hard to come back, so if not, you'll live there and make another plan later.
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You can call the police|Deal with it, you contact the local to try.
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Was there an agreement before? It should be carried out in accordance with the protocol.
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Legal analysis: If the landlord does not return the deposit, it can be resolved through negotiation between the two parties, and if the negotiation fails, evidence can be collected and sued to the court.
Legal basis: Civil Code of the People's Republic of China
Article 708: The lessor shall deliver the leased property to the lessee in accordance with the agreement and keep the leased property in accordance with the agreed purpose during the lease term.
Article 585: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 method of calculating the amount of compensation for losses arising from the breach. If the liquidated damages determined by the contract are lower than the losses caused, the people's court or arbitration institution may increase them at 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. Settlement through negotiation
If there are no manifestly unfair terms in the rental contract entered into by Chabotan, the contract 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 a property or neighborhood committee or call the police to help mediate:
If the negotiation fails, you can ask the property or neighborhood committee or the police for help, and generally speaking, they will help to mediate when you are on your side. Of course, because you are a civil dispute, they can only help, and the advice provided is only a suggestion, and it is not mandatory for the landlord.
3. Reporting and complaints:
1.Check if there are any illegal buildings, such as adding or dividing several rooms, and call 12319 directly.
2.Report tax evasion. In our country, rental housing is taxable, and the tax rate is not low, basically around 12%, if the monthly rent is 2000 yuan, the annual tax payable will need 2880 yuan.
If there is no report, it is impossible for the tax bureau to achieve full coverage for taxation, but if it is reported, then it will be on the list, and the landlord will still want to rent out the house in the future, don't think about tax evasion again. If there is no damage or breach of contract, you can call 12366 to report to the tax bureau and use this method to refund the deposit.
3.To report a fire hazard, if the house you are renting is not equipped with fire-fighting equipment, please call 96119 and a fine of between 5,000 yuan and 50,000 silver yuan will be imposed.
4. Filing a lawsuit with the court:
1) Specific process:
Bring your complaint, lease contract, and rent transfer voucher, go to the basic people's court where the house is located to file a case, pay the litigation fee (if it does not exceed 10,000 yuan, the litigation fee is 50 yuan), and wait for the judgment with peace of mind.
2) Evidence materials to be prepared:
The prosecution must be sufficiently evidentiated, and the following matters must be proved:
1. There is indeed a lease relationship and the lease relationship has ended;
2. There are no above matters that need to be compensated to the landlord, and the landlord does have the facts of seizure evidence;
3. After receiving the deposit, there should be a corresponding receipt, and in order to prove the facts, the relevant information about the rental house should be retained as evidence to support the claim.
Legal basis] 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 579.
If one of the parties fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment.
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1. Settlement through negotiation
If there are no clearly unfair terms in the rental contract, it will be negotiated in accordance with the contract. In the case of Cong Qi's own reasoning, the negotiation failed, and it involved finding other help.
2. Find a property or neighborhood committee or call the police to help mediate:
If the negotiation fails, you can ask the property or neighborhood committee or the police to help, and generally speaking, they will help to mediate when you are on your side. Of course, because you are a civil dispute, they can only help, and the advice provided is only a suggestion, and it has no mandatory effect on the landlord.
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Put away the contract and transfer vouchers, and go directly to the court to sue for a few cases, and find any neighborhood committee or judicial bureau to mediate are fake, these silver liquid places will only make you take a step back, you can't get back all the deposit, only the court judgment is valid and enforceable.
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Communicate with the Consumer Association or the Housing and Urban-Rural Development Commission.
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It is advisable to adopt communication first and then legal channels.
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First of all, look at the lease contract signed by yourself to see if Party B has violated the provisions of the contract. If not, look for Q&A with any of the above, if none of the above is valid, you can contact the local court or seek help from a lawyer.
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Nirvana - call 12366 tax service** with no suspicion, report the landlord for tax evasion and tax evasion in the rental inspection and sale of the house Handling method 2: Sue the landlord for not returning the deposit Handling method 3: Call the police Handling method 4: Complain to the housing authority**.
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The first is consultation. 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.
However, the prosecution must be sufficiently evidentiated, and the following matters must be proved: there is indeed a tenancy relationship 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 should be noted that the landlord has the right to withhold the deposit if the tenant fails to quit the lease at the agreed time 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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I have encountered the following unreasonable behavior of the landlord of the hidden code:
1.Malicious rent increases: Landlords raise rents without reasonable reasons or raise rents extremely.
2.Threats of violence: Your landlord pressurs you with threats, defamation, etc.
3.Withholding of deposits: Landlords withhold or delay in withholding deposits when checking out.
4.Non-fulfillment of maintenance responsibilities: There is a problem with the house, and the landlord refuses to fulfill the maintenance responsibility.
If you encounter the above unreasonable behavior, you can take the following measures:
1.Take legal action as soon as possible: If you encounter serious circumstances, you can seek protections under Chinese law, such as filing a lawsuit in court.
2.Expose the landlord's unreasonable behavior: You can use social networking, housing rental platforms and other landlord behaviors.
4.Negotiate to solve the problem: Some minor problems can be resolved through negotiation with the landlord to reach a mutually acceptable solution.
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Simple way: call the police, see how to deal with general disputes, and mediate to achieve good. I don't want to, I don't want to go, I don't pay rent, I can go if I want to live enough for the period on the deposit, and I don't want to leave if I don't want to go, so let the landlord call the police.
First of all, if the landlord does not return the deposit without reason, the way to take it is of course to negotiate and sue, and the deposit will generally be agreed in the contract, and the landlord's behavior is a breach of the contract, which can be dealt with in the way agreed in 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.
Secondly, the prosecution must be sufficiently evidenced, and the following matters must be proved: there is indeed a lease relationship and the lease relationship has ended, there are no above matters that need to compensate the landlord, and the landlord does have the facts of seizure of evidence. In order to prove the fact that the rent was leaked, the relevant information about the rental is usually retained as evidence to support the claim.
l. 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 the investment is in the nature of an agreed deposit, and the party claims the right to the deposit, the people's court will not support it.
3. Unless otherwise agreed in the contract, the landlord shall refund 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 damage 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 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 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.
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This situation is abnormal and unethical, and tenants should take immediate steps to protect their rights. Here are some suggestions that may help:1
First, consider communicating directly with the landlord Tenants can first try to communicate with the landlord to learn more about the situation and seek a solution. You may need to use a tactful way to remind the host that their behavior is very inappropriate and ask them to take action or fix it. 2.
Seek legal assistance If the landlord refuses any negotiation or settlement, the tenant can seek legal assistance or counseling to understand their rights and legal avenues. 3.Complaining to the Housing Authority Tenants can also file a complaint with the local housing authority or the property owner, which is usually responsible for following up and investigating the complaint and can push for action.
4.Leave and find another place to live If the situation is too bad and seriously endangers the physical health and personal safety of the tenant, the tenant should not hesitate to leave and find another place to live, and may consider seeking legal compensation. In short, for such abnormal behavior, the tenant should first act immediately and leave the necessary evidence while protecting his own rights and interests.
And, if any violations of the law or unethical behavior are found, tenants should seek relevant professional institutions and legal assistance to protect their rights and interests to the greatest extent possible. While the best approach to this type of blindness varies on a case-by-case basis, some suggestions may be useful:1
Gathering Evidence One of the most important things a tenant can do when dealing with such issues is to gather evidence. They can take pictures or taps**, describe what happened, and collect other evidence to prove their situation, such as text messages, emails, call logs, etc., which helps to substantiate the difficulties and problems faced by the tenant. 2.
Consider collective advocacy If a tenant is not the only one who has suffered from landlord misconduct, they can join other tenants in advocating for their rights, building strength and acting together. This has the potential to increase the chances of finding a solution and winning the case. 3.
Consult with a professional Tenants should consult with a professional to determine what rights they have and what actions they can take. They can consult with a lawyer, a housing management organization, or a group organization such as a tenants' association to get legal advice about their rights. 4.
Understanding the Lease Agreement Tenants should carefully review the lease agreement and identify any terms that allow the landlord to engage in similar behavior. If they find some of the rules unreasonable or unacceptable, they can consider negotiating with the landlord or seeking legal assistance. 5.
Seek assistance Tenants can also seek assistance from agencies or departments, such as public health departments, town planning departments, etc., for help and support. In conclusion, tenants should take steps to protect their rights, including gathering evidence, consulting with a professional, understanding the lease agreement, and choosing the best course of action. They should act as early as possible and not let the problem worsen beyond control.
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