Regarding the question of subrental deposit and deposit, the relevant person enters!

Your description is a bit confusing, but there is still a way to get the deposit back.

You should first check whether the invoice issued to you by the agent when you pay the deposit is a "deposit", and if so, the amount can be part of the rent. You should have paid 1500 when you paid the rent.

But it has already happened, you can show the agent proof that you paid 2000 rent, and ask the agent for the 500 deposit you gave to the agent (there must be an invoice issued by the agent to you receipt).

The agent said that 500 is charged to the room fee, even if there is a certificate, it has nothing to do with you, and the deposit of 500 is the transaction relationship between you and the agent, and has nothing to do with any third party. When the rent is paid, you can ask the agent to refund the deposit. If the agent gives this money to someone else, that's his problem, or what else does the agent do?

Just remember one thing, who is the payee on the bill, ask who will refund it. Good luck!

Did the agent tell you in advance when he paid the rent to the former tenant?

Is there a receipt?

Do you have a receipt when you paid the deposit?

If you don't have a receipt, you can't tell.

I can't tell, if you have a bill, you can call the Beijing Municipal Construction Commission or 315 and so on

The deposit for sublet rent is generally given to the landlord. However, it is also possible to negotiate with the landlord to refund the deposit; If the landlord is unwilling to return the deposit, collect the deposit from the renter through subletting, and take out the documents signed with the landlord, such as the rental contract and the deposit certificate, and sign the contract to avoid disputes.

[Legal basis].

Article 577 of the Civil Code.

If the 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.

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 it to bear the liability for breach of contract before the expiration of the performance period.

Article 716.

With the consent of the lessor, the lessee may sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.

If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Legal analysis: The income obtained from the use of the leased property belongs to the tenant, but the sublease is best through the landlord, so that there will be less trouble.

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

Article 720 The income obtained from the possession or use of the leased property during the term of the lease shall belong to the lessee, unless otherwise agreed by the parties.

Article 721 The lessee shall pay the rent within the agreed period. If there is no agreement on the term for payment of rent or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the lease term is less than one year, and the payment shall be made at the expiration of the lease term; If the lease term is more than one year, it shall be paid at the expiration of each year, and if the remaining term is less than one year, it shall be paid at the expiration of the lease term.

Hello, I have inquired for you that there are differences between the deposit and the rent of the collapsed rental house as follows: 1) The nature is different: the deposit is a statutory guarantee method, and the deposit is only a form of private transaction and does not have legal effect.

Except for special agreements. (2) The scope of the settlor is different: the deposit guarantee can only be made by the tenant, while the deposit can be guaranteed by a third party.

3) The agreed limit legal provisions are different: the amount of the deposit shall be agreed by the parties to the contract, but the agreed amount shall not exceed 20% of the amount of the main contract, and the excess part shall not have the effect of the deposit; The amount of the deposit is freely agreed upon by the parties, and there is no limit on the amount, and the deposit agreed by the parties can be higher or lower than the amount of the main contract. (4) The consequences of breach of contract are different:

The deposit only has the effect of guaranteeing the performance of the contract by the obligor, and the tenant has no right to recover the deposit when the tenant fails to perform the contractual obligations. When the landlord does not fulfill the contractual obligations, the full amount can be refunded, unlike the consequences of double the deposit. If my answer is helpful to you, please give a thumbs up (in the lower left corner), I look forward to your like, your efforts are very important to me, and your support is also the motivation for my progress.

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According to the provisions of the Contract Law, if the lease contract is not concluded and the two parties fail to effectively prove that the lease term has been agreed upon, the two parties shall be deemed to have established an indefinite lease contract relationship, and according to the provisions of this Law on indefinite leases, the parties to the contract of indefinite lease shall have the right to terminate at will with advance notice, and one party shall give advance notice when exercising the right of termination, and shall not be liable for breach of contract.

According to this contract, it can only be proved that the lessor has collected your rental deposit, and according to the provisions of the Contract Law, the unjust enrichment arising from the termination of the contract shall be returned. If you have paid off the rental fee during the lease period, you will only have the obligation to return the property when you terminate the lease contract, and the lessor has the obligation to return the deposit. This is because the deposit is a form of unjust enrichment that should be returned when the contract is terminated.

As for the lessor's one-year liability for breach of contract, if you really don't know, and the lessor can't adduce the corresponding documentary evidence or audio-visual evidence, the court should not confirm it.

If there is no written contract, it is regarded as an indefinite lease, and if you now propose to rent no more, it is legal, and you can ask for a refund of the deposit, and if you do not return it, you can go to court to sue.

If you don't have a written contract, you can ask him for a deposit, and if you don't pay it back, you can appeal.

If the lessee subleases in accordance with the contract or with the consent of the lessor, the lessor may be required to return the deposit. If the lessor does not return the money, the lessee may file a lawsuit with the people's court. If there is no agreement in the contract to sublease and the lessor does not agree to sublease, the lessee and the lessor can negotiate with the lessor on the refund of the deposit to reach an agreement.

1. What are the precautions for subleasing shops?

The precautions for subleasing shops are as follows:

1. Confirm whether the lessor knows about the sublease and whether it agrees to the sublease;

2. Whether the content of the contract is consistent with the content of the negotiation;

3. Whether the sublease term complies with the law;

4. Other precautions.

According to the provisions of the Civil Code of the People's Republic of China, the lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

2. Is the sublease valid without the consent of the lessor?

Subleasing without the consent of the lessor is invalid. According to the provisions of the Civil Code of the People's Republic of China, the lessee may sublease the leased property to a third party with the consent of the lessor; If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid, and if the third party causes losses to the leased property, the lessee shall compensate for the losses; If the lessee subleases without the consent of the lessor, the lessor may terminate the contract. If the lessor agrees to sublease, the lease term agreed in the sublease contract shall be within the remaining lease term of the lessee, and the sublease term exceeding the remaining lease term of the lessee shall be invalid; If the lessor knows the fact of sublease and does not explicitly object to it, and has no objection for six months, it shall be deemed to have agreed to the sublease of Hunger Bank, and shall not claim that the sublease contract is invalid, and the people's court shall not support it.

3. How to deal with landlord disputes.

Disputes between second-hand landlords can be handled through negotiation, mediation or arbitration, and litigation. If the lessee subleases the premises without the consent of the lessor, the lessor has the right to request the termination of the lease contract, and the sub-lessee has the right to bear the liability for breach of contract and compensate the lessee.

Chinese law clearly stipulates that the lessee can sublease the leased property to a third party only with the consent of the lessor, and the lessor can request to terminate the contract without the consent of the lessor.

Article 716 of the Civil Code of the People's Republic of China.

The lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.

If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.

Article 718 of the Civil Code of the People's Republic of China.

If the lessor knows or should know that the lessee is subleased, but does not raise an objection within six months, it shall be deemed that the lessor agrees to the sublease.

If you have signed a formal lease contract with the landlord, then see if the contract allows subletting, if not, you can negotiate with the landlord to get the deposit back.

If the lease agreement states that the tenant is allowed to sublet, then the property can be sublet out so that the deposit can be refunded.

Legal basis] Article 716 of the Civil Code, the lessee may, with the consent of the lessor, sublease the leased property to a third party.

If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss. If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.