What happens if the homeowner doesn t pay the deposit? What to do if the homeowner doesn t return th

If you simply talk about the law, when the lease period expires, your responsibility is to return the keys when due, and the landlord to return the deposit when due, provided that there are no other problems in the lease contract between the two parties. If you fail to return the keys by the end of the year, it means that you are in breach of contract, and although you have moved out of the house, the landlord can claim that you have not quit, so you must at least send an express mail asking the other party to fulfill the contract, return the deposit and receive the keys to the property.

If the landlord refuses to return the deposit, this is more troublesome, because for 1000 yuan, the lawsuit is usually not considered, and the key is not important, as the landlord only needs to pry open the door and change the set of keys, it does not cost much. So, in that sense, you are not suitable for sending Speedpost because it means that you move out of the house, and the landlord is perfectly free to do so. But this means that the house cannot be handed over and you will have to pay the corresponding rent.

To sum up, it is very annoying to encounter this situation. So the best solution is to negotiate and negotiate again. Good luck.

In fact, the landlord collects 1,000 yuan of mortgage from you for safekeeping, and you have entered into the corresponding "Housing Lease Contract" to indicate that you and the landlord have established a housing lease relationship. If the owner of the house deliberately refuses to accept the keys and return your deposit, then I suggest that you ask the local village committee or neighborhood committee to witness after the house expires to show that it is the fault of the homeowner, so that you can be in a good position even if there is any dispute in the future.

In addition, after the expiration of the house, if the homeowner wants to maliciously take possession of your 1,000 yuan deposit, you can ask the homeowner to return the "unjust enrichment" to the local court. Trust the court to uphold your claim! It would be nice if you could add a little more detail to the lease contract. Good luck!

Ask the person who received the key to write a certificate that contains: the key was received by him, the landlord commissioned it, and the time of delivery.

In addition, to do a good job in the handover of the house, you must complete a procedure to avoid disputes.

Then wait for the landlord to come back.

If you're in a hurry to get out of the area, there's only sympathy for you!

If not, it's not a big problem.

According to the relevant laws and regulations, if the landlord violates the contract and does not return the deposit, the tenant may file a lawsuit with the people's court and request the people's court to make a judgment against the landlord to return the deposit.

The relevant law provides for the Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Article 236:Parties must perform on legally effective civil judgments or rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

Legal analysis: 1. Whether it is correct to determine whether the rental contract is not due and the deposit is not refunded is correct The behavior of renting a non-refundable deposit is first of all debatable, first of all, we should have what kind of specific agreement on the deposit in the rental contract, if there is an agreement on the deposit, then it should 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.

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 performs its contractual obligations in an inconsistent manner 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.

1. What should I do if the landlord does not return the deposit?

1. The rental contract is a powerful tool for rights protection. In order to avoid the deposit causing trouble, there is usually a deposit clause in the rental contract.

2. The original receipt of each rent payment proves that you have no rent arrears, and you can ask for the deposit back. This is generally when paying rent to the landlord, keep the bill for bank transfer, or keep a record when Alipay transfers, and keep a receipt if it is given cash.

3. Make a list of all furniture and electrical appliances. and save the current situation when renting a house in the form of a photograph, prove that you have not damaged the landlord's furniture, and ask for the deposit back;

4. Recordings of calls with intermediaries are kept as evidence. If even the rental contract is snatched away by the landlord like Xiaomei, then give the agent a **, quote the situation that you have paid the rent and deposit, and record the certificate;

5. If the landlord does not return the deposit, call ** to 12315 and 96315 Consumer Association for consultation and complaint;

6. The way that can be taken should be negotiation and litigation, 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 the way agreed in 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.

7. The prosecution must be based on sufficient evidence, 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 facts, the relevant information and usage of the rental house should be retained as evidence to support the claim.

2. The law stipulates that the Civil Code

Article 577:[Liability for Breach of Contract]Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

If the landlord owes the deposit, you can also negotiate with the landlord to settle it, if the negotiation fails, you can collect evidence and file a lawsuit with the court. 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. Of course, negotiation generally cannot solve the problem when encountering this kind of thing, and most of them will go to the step of suing, and the landlord's malicious breach of contract violates the law, and he can sue the court to demand the return of the deposit, and also require him to pay liquidated damages in accordance with the contract.

Precautions for paying a deposit for renting a house.

1. The rental contract must be clear about the housing situation.

There is also a common problem in rental contracts, which is that although the contract states that liquidated damages will be deducted in certain circumstances, it is not clear when the deposit will be returned.

2. In order to avoid disputes, the deposit terms should be detailed.

In order to avoid disputes arising from rental deposits, both parties generally include a rental deposit in the rental contract, and the following is a detailed description of the rental deposit:

1) The rental deposit is generally agreed between the tenant and the landlord, and the actual deposit will generally not exceed two good months.

2) In order to ensure that the house and its household appliances are not illegally resold and the deduction of water and electricity bills, the tenant generally agrees to pay the landlord Chonglingsui rental deposit, and there will be corresponding invoices after receiving the deposit.

3) Among them, it is necessary to find a formal intermediary company, preferably a national chain of intermediary companies, and it is best for the intermediary to introduce the homeowner to come forward to review the relevant documents and sign the rental contract, which is more conducive to protecting their rights and interests.

4) Unless otherwise agreed in the tenancy contract, the tenant shall return the full amount of the deposit to the tenant without interest on the day after the tenancy relationship is terminated and the landlord vacates, counts and pays all fees due.

3. If there is no damage to the housing facilities, the deposit should be refunded in full.

When the tenant requests to quit the lease at the end of the contract, the landlord may deduct the tenant's deposit on the condition that the housing facilities are damaged or other excuses, causing unnecessary losses to the tenant. Therefore, when signing the lease contract, both parties should indicate the number of working days after the expiration of the lease agreement, and the landlord should return the deposit if the house and its facilities are not damaged.

Legal analysis: the rental deposit is not refundable, and the tenant can negotiate with the landlord to settle it, if the negotiation is not impersonated, evidence can be collected and sued to the court.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: The landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit is generally agreed in the contract, and the landlord's behavior is a breach of the contract and can be handled in accordance with 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.

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

Article 509:The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 722 If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

How to be the most ruthless and relieved landlord is as follows:

If we feel that the landlord is unreasonable, we can take the rental contract to the local court and file a lawsuit, and the law is one of the most effective ways to protect personal interests.

According to the above terms of the contract, if a party breaches the contract, it must pay a certain amount of liquidated damages, and the cost of liquidated damages must be fixed and can be negotiated between the two parties.

Then when we rent a house, we must sign a legal and valid rental contract with the landlord, and we must carefully check the terms of the housing contract, otherwise the tenants will suffer in the later stage, even if there is a dispute, there is a reference basis.

The landlord has no reason to withhold the deposit, so first of all, you need to negotiate with the landlord, and you need to let the landlord understand that according to the contract specifications, he needs to return the deposit, otherwise he is in breach of the contract.

If the landlord does not refund the deposit, he can seek a third party to help solve the problem, such as some special mediation agency or special regulatory department, etc., so that they can coordinate in the middle. Tenants can go to the neighborhood office, neighborhood committee, police station, etc., or tenants can contact the construction committee, district housing management bureau, industrial and commercial department, etc. to protect their legitimate rights and interests.

If the landlord does not refund the deposit, he can send legal documents such as lawyer's letters and complaints. Because the case of non-refundable deposit is relatively small, all tenants should adopt low-cost methods such as issuing a lawyer's letter and a complaint to solve the deposit problem.

If the landlord does not refund the deposit, he can point the lawsuit to the court. If the landlord maliciously fails to return the deposit in accordance with the contract, and the tenant is unable to get the landlord to return the rent using many criteria, the tenant has the right to file a lawsuit with the court to regulate the other party to return the deposit and contract liquidated damages.

At this time, it is necessary to provide the contract that the bank did not sign and the deposit receipt at that time, and to be able to prove that the tenant does not have the materials to be compensated, and the landlord is maliciously seized. These are described as evidence of the time of the prosecution.