What should I do if the landlord defaults and does not refund the money?

To be honest, I sympathize with you, because I am also a college student who has just graduated from working in other places. Your proof is very sufficient, but I tell you that if you really want to sue, you can also sue the intermediary company, because from your complaint I can see that they are also illegal, even if they are not illegal, but they are violating the law, as an intermediary company, you should first understand the landlord you want to intermediate, which they are not doing right, and should be punished by the law. Second, as a second-hand landlord, you can't go to the intermediary company to rent out the house you rent, which is a serious violation.

However, you also have a certain responsibility, you should not easily trust the intermediary company, their words are not credible, only written on the contract can be used as proof, the verbal agreement is not credible, the intermediary is not a person, they are only to make money, they can sell their children and daughters, and their relatives do not recognize. You can chase your losses more than 2 times.

Without him, there is only the law. Use the law to defend your rights!

I sympathize with your experience, maybe everyone will experience some setbacks, but you have just graduated, it should be a big blow to you, not enough you can also learn a lot from it, it seems to deviate from the topic, you can use your rights to be protected by the law, and the contract law to sue him, the agent can also sue together, the house is what they found, and they are responsible for the safety of your person and property, and they can ask it to compensate you for mental damages, you have enough evidence, you must be able to.

If there is no amount in the civil case, you should go to court to sue the landlord and the agent, but it is more time-consuming.

It's like the tuition fee for a class at the social university.

1.Arbitration. 2.Lawsuit.

3.Administration for industry and commerce.

It's infuriating.

first go to the public security bureau to report the case and accuse him of fraud!!

Hit him. I can't beat it, and I can't ask my brothers for help.

There are the following solutions for the landlord not to refund the money: 1. The tenant can negotiate with the landlord and refund the rent for the remaining unused period after paying the liquidated damages. 2. If the negotiation fails, you can find the neighborhood committee or the police station to explain the situation, and they will generally come forward to help, because the landlord has to file with them for renting the house.

3. If the negotiation fails, evidence can be collected and sued to the court. On the day after the tenancy is terminated and the landlord vacates, settles and pays all fees due, the landlord shall refund the full amount of the deposit to the tenant without interest.

Legal basis. Article 577 of the Civil Code of the People's Republic of China [Liability for breach of contract] 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.

If the lessee delays or refuses to pay the rent without justifiable reasons, the lessor may require the lessee to pay liquidated damages in accordance with the contract. If the tenant fails to pay the rent for a total of 6 months, the lessor can take back the premises, terminate the contract, and require the lessee to compensate the lessor for the losses suffered by the lessor. If the lessee still refuses to pay, the lessor can ask the court to compel the tenant to pay the rent.

Article 24 If the lessee commits any of the following acts, the lessor has the right to terminate the contract and take back the house. If the loss is caused thereby, the tenant shall compensate: (1) Subleasing the rented house without authorization; (2) Transferring, lending or exchanging the rented premises without authorization; (3) Demolishing or altering the structure or changing the use of the rented house without authorization; (4) Rent arrears for more than 6 months; (5) Publicly owned residential buildings have been idle for more than 6 months without a legitimate reason; (6) Using rented housing to carry out illegal activities; (7) Intentionally destroying the rented house; (8) Laws and regulations provide for other recoveries.

Legal analysis: If the tenant breaches the contract and stipulates the liability for breach of contract in the housing lease contract, the landlord can not refund the rent equal to the liquidated damages according to the contract. If the landlord breaches the contract and does not refund the rent, he can negotiate to request a refund first, because the landlord has no right not to refund the rent if the landlord breaches the contract, and if the negotiation fails, he can file a lawsuit with the court.

According to Article 577 of the Civil Code implemented in 2021, 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 585 of the Civil Code stipulates that 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.

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 continuing to perform, taking remedial measures or compensating for losses. Article 585 of the Civil Code provides that when a 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.

When renting the house, the landlord asked the tenant to give a two-month deposit, and then the tenant wanted to quit the lease and asked the landlord to return the deposit, but the landlord was unwilling. In the face of the landlord's behavior of withholding his deposit, the tenant believes that the landlord's behavior is unreasonable, and the landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason. Focus on detailed analysis.

1. What should I do if the landlord is unwilling to return the deposit?

1. First of all, the landlord can take the form of negotiation and prosecution if the landlord does not return the deposit without reason, and the deposit will generally be agreed in the contract, and the landlord's behavior is a breach of contract and can be dealt with in accordance with the contract. If the negotiation cannot solve the problem in this case, the corresponding materials should be prepared and a lawsuit should be filed with the court, and the landlord's malicious breach of contract violates the provisions of the Civil Code, and he can not only ask for the return of the deposit, but also require him to pay liquidated damages in accordance with the contract.

2. Secondly, the prosecution must be sufficiently evidenced, and the following matters must be proved: there is indeed a tenancy relationship and the tenancy relationship has ended, there are no above matters that need to compensate the landlord, and the landlord does have the facts of the seizure of evidence. In order to prove the facts, the relevant information and usage of the rental house should be retained as evidence to support the claim.

3. Legal provisions: Civil Code

Article 577:Li Ming [Liability for breach of contract]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.

Second, where to complain if the intermediary does not return the deposit

1. To complain to the industrial and commercial bureau or industrial and commercial office where the intermediary company is located, you need to bring the original relevant evidence, and check the business place, legal person and other information of the housing intermediary company in advance (only if it is a formal company, it can be found on the industrial and commercial bureau).

2. The consumer complaint of the Industrial and Commercial Bureau is still the most useful method, if the Industrial and Commercial Bureau will coordinate and notify the result within 7 working days: coordinate and solve, take the contract and deposit to the intermediary company.

3. The URA can make a complaint directly online, and the URA will also coordinate with the housing agency.

What should I do if my landlord doesn't want to refund my deposit? The landlord must give a reasonable reason for not wanting to return the deposit, and if the reason given is unreasonable, the tenant can get the deposit back through legal means. There are many professional lawyers on the Internet who know how to return the deposit, and if the landlord is unwilling to return the deposit, you can find a lawyer to consult directly.

Core tip: Nowadays, in order to avoid the loss of room interests caused by the tenant terminating the rental contract at any time, many landlords will agree to pay a certain deposit when signing the lease contract with the tenant. If the tenant does not complete the agreed period, then the landlord has a reason not to return the deposit.

If the tenant has completed the agreed term, the landlord should refund the rent without any reason when the tenant quits the lease. So, what if the landlord does not return the deposit when you quit the lease, the following is sorted out by legal experience for you.

1. The landlord shall return the deposit in a timely manner without excuse After the expiration or termination of the lease contract between the two parties, if the tenant does not have a specific breach of contract as agreed in the contract, for example, if the contract stipulates that he cannot renovate without the consent of the landlord, the landlord shall, in principle, return the lease deposit in accordance with the contract. The housing lease deposit is generally collected by urging the tenant to pay the rent in accordance with the contract, keep it properly and return the house in a timely manner, and if the tenant has fulfilled its obligations in accordance with the lease contract, the lessor shall return the deposit in a timely manner. In such cases, the principle of strict liability will be applied in practice, that is, there is no need to consider whether the landlord is subjectively at fault, as long as the tenant has not breached the contract, the landlord needs to return the deposit in time.

2. How to avoid the landlord delaying the refund or even refusing to refund the deposit? If the landlord does not return the deposit in time when the tenant moves out, in addition to returning the deposit, he will also need to compensate for a certain amount of liquidated damages and interest loss. It is not uncommon for the lessor to delay or even refuse to return the housing lease deposit, and the parties rarely agree on the liability for breach of contract for the return of the deposit in the lease contract, and in practice, many courts do not support the lessee's request for the lessor to pay liquidated damages or interest losses for the delay in returning the housing lease deposit.

Therefore, I would like to remind friends who need to rent a house when they go out to rent a house that they should try to specify the terms of the rental contract as much as possible, and do not do it properly.

Civil Code of the People's Republic of China

Article 583:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

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.

Legal analysis: 1. Determine whether the deposit is correct if the rental contract is not due and the deposit is not refunded is correct The behavior of renting a house without returning the deposit is first of all debatable, first of all, we should have a specific agreement on the deposit according to the rental contract, if there is an agreement on the deposit, then it must be handled according to the contract, and the party responsible for breach of contract is responsible for the contract. 2. What should I do if I negotiate with the landlord to refund the deposit and the deposit is not refunded if the rental contract does not expire?

If there is no deposit stipulated in the contract and there is no loss of property, then if the landlord does not return the deposit to you, it is recommended to conduct necessary negotiations and explain the necessity of returning the deposit to the landlord, which is the first step to protect your rights. 3. If there is no result in litigation and rights protection negotiation, then you can start drafting a complaint on 4k paper. The complaint states the specific circumstances and then submits it to the court in the area where the house is located, so that the court will accept your deposit issue and proceed to the litigation stage.

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

Article 577:Where one of the parties fails to perform its contractual obligations or its performance 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 578:Where 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 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 from the other party.

Article 584:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to 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.