Can I get my deposit back?

Can I get my rental deposit back?

As mentioned above, the rental deposit here is a "deposit deposit", the lessor gives up the opportunity to contract with other people after receiving the deposit, and the deposit plays the role of a guarantee, if the lessor rents the house to someone else after receiving the deposit, the tenant can ask the lessor to return the deposit double; Similarly, if the tenant is unwilling to rent and is unwilling to enter into a rental contract, he has no right to demand the return of the deposit from the lessor.

However, it is not absolutely impossible to get the deposit back, and there is a possibility that you will get it back in the following three cases:

1. The person who pays the deposit is a person with no or limited civil capacity, that is, a person under the age of 18 (those who are over 16 years old but under 18 years old but take their own labor as their main livelihood shall be regarded as a person with full civil capacity).

2. The rented houses belong to the houses that have not obtained the construction project planning permit or have not been built in accordance with the provisions of the construction project planning permit.

3. The rented house is a temporary building that has been approved or not built in accordance with the approved content.

In the latter two cases, even if the lease contract is signed, the contract will be invalid, and the lessor will eventually have to return the deposit, so in these three cases, the deposit can be returned.

The above is a response to "I paid the deposit and did not sign the rental contract, can I get the rental deposit back?" The answer to this question. Although the deposit is widely used in daily life, most people do not understand the legal nature of the deposit, thinking that as long as there is no contract, the deposit will not be effective and can be returned.

This is a misconception. If the landlord is unwilling to rent a rental deposit after having paid the rental deposit, the lessor is not obliged to return the deposit, except in the three special circumstances mentioned above. The deposit paid at the time of renting is relatively small, and the amount of the deposit paid at the time of buying a house may be large.

Therefore, you must be cautious before paying the deposit, especially when the deposit amount is relatively large, you must find a professional lawyer to guide you.

The above was released on 2015-11-03, the current relevant housing purchase policy is subject to the actual situation).

1. The deposit is liquidated damages, and if you can't help it, it will be used as compensation to the landlord.

2. If the landlord does not fulfill its promise, you should get back the deposit you have paid, but if you do not sign a detailed contract statement before paying the deposit, or there is no third-party witness, then you have no evidence in law, and the landlord can deny it.

You see whether it is an intermediary or an individual, if it is an intermediary, it depends on whether it is a small intermediary or a relatively large intermediary, the small intermediary you have a chance of getting it back is too small, the big intermediary they began to say that the money is different from your requirements, the money can definitely be refunded, they do not return to the police and then let the reporter come over, the large company itself has to maintain its own image, will not let yourself have a negative impact on your deposit, even if he is reasonable, it will be returned to you.

If it's a small agency, that's the money they make, even if it's not very useful for you to call the police, you can still give it a try.

If it's a person, you say that if you can do what we negotiated in advance, I'll rent it, if you can't, you will have to refund my deposit, if not, call the police, and now few people will waste time with you for this.

There are a lot of people who rent a house, are not signed a contract, some do not even have a deposit receipt, you said this situation is very common, in fact, even if the deposit is paid, you can get it back, the law stipulates that the buyer and the seller have not reached a consensus, the buyer has the right to ask for a refund of the deposit, but to pay liquidated damages, for example, paid a deposit of 1000 yuan is a liquidated damages of 1%.

So you go to the local competent authority to solve it through the law, and you can consult the 315 sales association.

It is recommended to talk to the boss more and discuss it, if it doesn't work, go to 315 again

Tell him that you should live for a certain period of time before you can get your deposit back, and if you pay the money and don't live for a few days, you have to move out again, then you may not get it back.

To solve the problem of this little money through legal means, the trouble is generally known to everyone and according to the unspoken rules.

It depends on how your contract is written.

Whether it is protected by law.

It can be resolved through the same legal means.

None of the contracts were signed, so it's hard to tell. In the future, please note that the conditions proposed should be clearly documented before any fees are paid, and the responsibilities should be clearly divided and signed. Now I think you can only negotiate with the landlord.

My boyfriend also encountered such a situation, but he only paid a deposit of 50 yuan at that time, and later asked for 30 yuan back. So I guess it's unlikely that all of them will come back, but if the two sides discuss it calmly, they should be able to get more than half of it back :)

This kind of thing is considered unlucky, you didn't write the specific thing he promised in the contract, so if you don't rent, you break the contract, and the rent can't be returned, remember to write specific points on the contract next time.

Did he give you a receipt or something? I think if it's his reason that you don't rent, you can ask him for a refund.

There is no contract to pay a deposit, how can you come back?

Multiple theories can be performed. Lease is required as per the original agreement. Of course, pay attention to making and collecting evidence. Just like you. Use your brains to get down.

If the contract is not signed, the other party has an advantage over you.

Legal analysis: If you rent a house, you can pay a deposit. The amount of the deposit shall be agreed upon by the parties, but 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 the deposit.

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.

Legal analysisIf the lessor rents the house to someone else after receiving the deposit, the renter can ask the lessor to return double the deposit; If the tenant is unwilling to rent and is unwilling to enter into a rental contract, he has no right to demand the landlord to return the deposit. The deposit is used as a guarantee, and the deposit cannot be returned without signing the contract, but there are three situations in which the deposit can be returned, 1. The person who pays the deposit is a person with no civil capacity or a person with limited civil capacity, that is, a person under the age of 18 who is over 16 years old and under the age of 18 but takes his own labor as the main living ** is regarded as a person with full civil capacity; 2. The rented houses belong to the houses that have not obtained the construction project planning permit or have not been built in accordance with the provisions of the construction project planning permit. 3. The rented house belongs to a temporary building that has been approved or not built in accordance with the approved content of the Phila.

Legal basisArticle 587 of the Civil Code of the People's Republic of China 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.

If you pay a large deposit for renting a house, and you can't sign a rental contract due to the landlord's reasons, the deposit can be refunded. And the landlord should return double the deposit. If you regret not signing the contract due to your own reasons, the deposit will not be refunded.

According to Article 587 of the Civil Code, which came into effect on January 1, 2021, if the debtor performs the debt, 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 587 of the Civil Code Where the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt does not conform to the agreement on rolling over the judgment and modification, resulting in the failure to achieve the purpose of the contract, it has no 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.