What should I do if the landlord does not refund the deposit after the house is returned?

1. It depends on the contract signed between you and the landlord, if the contract clearly stipulates that the deposit cannot be refunded before it expires or the deposit cannot be refunded if you check out early, it will be more difficult to refund the deposit; Negotiate with the landlord to see how much the 3-month deposit can be refunded;

2. Generally speaking, the rental deposit is the result of negotiation between the two parties, and the law does not stipulate its nature, but it is a system produced by the people in response to the needs of the transaction. 3. If the contract expires, the landlord will not refund the deposit. Let the landlord find a tenant to renew the lease as soon as possible, and let the landlord return the deposit to you; If the landlord is really difficult and refuses to give you any concessions, you can explain the situation to the neighborhood committee or police station, and they will generally come forward to help, because the landlord has to file with them for renting out the house.

This is not easy to do, the contract is for one year, if you don't rent a house, and you don't have a lease agreement, then this house is still renting, and he can sue you for another 9 months' rent. Because the contract is for one year, it has legal effect.

Or you continue to live, or negotiate, legally speaking, it is not unreasonable for the landlord not to refund your deposit, so do it yourself!

The first is that you have breached the contract, and according to contract law, you should be liable for breach of contract.

There is a legal basis for the landlord not to pay you the advance payment.

If you want to get back your 1,000 yuan, you can only open a soft file with the owner and discuss the solution.

If the owner is good at talking, it is already your creation to strive for 500 yuan.

Go to the district property management office to complain, and if he doesn't give it to you, go to the police

You're too honest

The only way to do this is through the law!

Legal analysis: The landlord does not return the deposit in the way that the handling method is to negotiate first, and if the negotiation fails, it can be sued to resolve. 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.

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

Article 562: The parties may terminate the Qinliang Lead contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:In any of the following circumstances, the parties may terminate the contract if they are satisfied: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debts of the bank and fails to perform them within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal analysis: 1. This is a lease contract dispute; 2. If a fixed-term lease contract is signed, and the lessee terminates the lease contract in advance, it is a breach of contract; 3. Whether the landlord does not return the deposit is legal depends on how the liability for breach of contract is agreed in the contract, if it is agreed that the landlord has the right not to return the deposit, the landlord's behavior is legal;

Legal basis: Article 585 of the Civil Code of the People's Republic of China: 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 agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

The tenant pays a deposit, mainly to ensure the safety of the contents of the house and the house itself. Once the tenant damages the house or the contents of the house, the landlord claims that the tenant is liable for compensation, and the landlord has the right to obtain compensation from the deposit first, and if there is a balance, it shall be returned to the tenant; If the deposit is not sufficient to compensate, the landlord still has the right to ask the tenant to make up the amount.

Then, the landlord does not return the deposit, we divide the general situation of the landlord not returning the deposit and other exceptions to analyze:

The landlord does not refund the deposit.

1. The tenant does not pay rent regularly.

2. The tenant damaged the items belonging to the landlord.

3. The tenant fails to quit the lease at the time agreed in the contract, or quits the lease early.

Except as mentioned above, the Host may not refuse to refund or deduct the deposit.

In practice, if the landlord refuses to return the deposit or deduct the deposit for reasons other than the existence of the above-mentioned tenants, the tenant can negotiate with the landlord to request a refund of the deposit, and may even claim liability for damages.

Here's what you can do when defending your rights:

First of all, if the landlord does not return the deposit without reason, the way that can be taken is, of course, negotiation. The deposit is generally stipulated in the contract, and the landlord's behavior is a breach of the contract, which can be handled in accordance with the way agreed in the contract.

Second, if it cannot be resolved through negotiation, it can be resolved by litigation. If the landlord violates the provisions of the Civil Code in bad faith, a lawsuit against the court can not only demand the return of the deposit, but also require it to pay liquidated damages in accordance with the contract.

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 require compensation to the landlord, and the landlord has indeed concealed the facts of the act of searching and seizing evidence. In order to prove the facts, the information related to the rental is usually retained as evidence to support the claim.

1. How to deal with the dispute over the rental deposit?

Rental deposit disputes are handled as follows:

1.The landlord can deduct the liquidated damages, damages and other related expenses incurred by the landlord due to the landlord's breach of the contract, and the tenant must make up the shortfall within 10 days after receiving the landlord's notice of payment;

2.If the tenant is unable to rent the property normally during the lease period due to the landlord's reasons, the landlord shall immediately refund the deposit to the tenant in full and without interest, and the tenant has the right to pursue the landlord's liability for breach of contract.

Civil Code of the People's Republic of China

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 704 The contents of a lease contract generally include the name, quantity, purpose, lease term, rent and payment period, method of hail guessing, maintenance of the leased property, and other clauses.

1. Try to solve the problem through mutual understanding. In the event that the landlord does not return the deposit, the tenant can negotiate with the landlord according to the relevant content of the Housing Lease Contract, and the landlord is obliged to return the deposit paid by the tenant in accordance with the relevant laws.

2. Coordinate and help through a third-party mediation agency. If the negotiation fails, you can also mediate through a third-party regulator for help. There are some mediation mechanisms and the corresponding regulatory authorities, and the housing authority can coordinate in the middle, and the tenant can choose to go to the corresponding department to complain.

For example, you can ask the local neighborhood committee or police station to mediate, or you can contact the district housing and construction committee, the district housing management bureau, the mayor's mailbox, the consumer association, the industrial and commercial department and other channels to protect your rights. 3.and sue the landlord through legal channels.

Generally speaking, if the landlord does not return the deposit, the most feared thing is that the party will take the deposit slip to the relevant departments to file a lawsuit, and pursue the legal responsibility of Yunmu and ask for compensation. If there is nothing to compensate the landlord after the tenancy ends, and the landlord does withhold the deposit, you can sue for this. When it comes to prosecuting, you must be prepared with sufficient evidence to win the case.

1. As long as the intermediary itself has a non-refundable deposit, can it call the police?

If the intermediary does not return the deposit, you can generally go to the police. However, this is a contract dispute between the two parties, and it is recommended that you can first complain to the industrial and commercial bureau where the real estate agency company is located, and bring your own housing lease contract and other relevant original evidence. After receiving the complaint, the industrial and commercial bureau will investigate and coordinate, and if the complaint is resolved, you can take the housing lease contract and the deposit slip to the real estate agency to return the deposit.

2. What should I do if the merchant does not refund the deposit?

The merchant does not refund the deposit as follows:

1. If the lease contract expires, it has nothing to do with the tenant regardless of whether the house is rented or not;

2. If the lease contract is lost during the lease period, it can be required to inherit and perform;

3. The lease contract is only the strongest proof of the existence of the lease relationship.

Other proofs, such as deposits, receipts, witness statements, etc., can also form a chain of evidence to prove the existence of a tenancy relationship, in which case the landlord is obliged to produce the tenancy contract and related annexes. If Rudong does not admit the existence of the lease relationship and refuses to return the deposit, the two parties can negotiate, and if the negotiation fails, sue the court to settle it. The tenant will need to show other evidence of the existence of the tenancy relationship and the landlord's breach of contract.

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.