Is the deposit refundable for minors?

Updated on society 2024-06-28
14 answers
  1. Anonymous users2024-02-12

    The minor does not have the capacity for civil conduct, so the contract signed by the minor is invalid, and the deposit he pays is not subject to the relevant laws and regulations, and the lessor shall not refuse to return it, and the deposit (note that it is not a deposit) is refundable.

  2. Anonymous users2024-02-11

    Hello, minors are not allowed to rent a house, you need a guardian or an adult's ID card to rent a house, otherwise it is invalid, thank you.

  3. Anonymous users2024-02-10

    It is illegal for minors to rent a house, and the contract is invalid, so the landlord should refund the rental deposit.

  4. Anonymous users2024-02-09

    You can ask him for it, because it is not legal for the landlord to rent the house to a minor, and if it gets bigger, it will definitely be bad for him.

  5. Anonymous users2024-02-08

    The deposit for underage rental can only be negotiated with the other party. Since you have signed the contract, you should follow the contract, although it is underage and may not be doing things properly, you can negotiate with the landlord.

  6. Anonymous users2024-02-07

    This rent is generally negotiable, if you rent someone else's house, you will negotiate with the landlord, if you can't refund, then call ** complaint.

  7. Anonymous users2024-02-06

    It mainly depends on how the lease agreement was signed at that time.

  8. Anonymous users2024-02-05

    The deposit for renting a house for minors, regardless of whether you are an adult or not, must be signed with a contract to protect your rights and interests.

  9. Anonymous users2024-02-04

    If you want to rent a house, you have to follow the contract.

  10. Anonymous users2024-02-03

    Can I get a refund for the deposit for a minor rent?

    1. In principle, the amount of the deposit shall be agreed upon by the parties, but the Guarantee Law limits the maximum amount, that is, it cannot exceed 20% of the amount of the subject matter of the main contract. The judicial interpretation stipulates that if the amount of the deposit agreed upon by the parties exceeds 20% of the amount of the subject matter of the main contract, the people's court shall not support the excess. The intention is clearly to limit the payment of an excessively large amount of the deposit and to limit the penalty for the deposit to a certain limit.

    2. Article 119 of the Interpretation of the Law stipulates that if the actual amount of deposit paid is more or less than the agreed amount, it shall be deemed to have changed the deposit contract; If the party receiving the deposit raises an objection and refuses to accept the deposit, the deposit contract shall not take effect. This provision states that the deposit contract is a practice contract, and the deposit contract is only formed after the deposit is delivered to the other party for acceptance.

  11. Anonymous users2024-02-02

    Legal Analysis: If a minor pays a rental deposit without the consent of his parents, he or she is asked to decide whether to continue to rent or not to rent by his parents, and ask for a refund of the deposit or not.

    Legal basis: Article 586 of the Civil Code of the People's Republic of China: The parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract is concluded when the deposit is actually paid.

    The amount of the deposit 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. 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.

  12. Anonymous users2024-02-01

    Legal Analysis: The rental deposit is refundable. 1. The rental deposit is generally used to restrain the breach of contract by the tenant, such as the tenant returning the lease in violation of the contract, damaging the goods, failing to pay the water and electricity bills, etc.

    2. If there is no such behavior, then you can request a refund when the lease period expires or the lease contract is terminated.

    Legal basis: 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 lease fee.

    Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, source of the lease and the term and method of payment, maintenance of the leased property, etc.

  13. Anonymous users2024-01-31

    Legal analysis: minors do not have full capacity for civil liability, cannot sign a lease contract with the tenant, and cannot rent a house on their own. A guardian is required to sign a lease agreement, and minors cannot live alone and need a guardian to fulfill their duty of care.

    Legal basis: Shouting this "Civil Code of the People's Republic of China" Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-prescribed **person** or with the consent of their legally-designated **person, and is retroactively recognized; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

  14. Anonymous users2024-01-30

    Hello, dear. This is refundable, and minors are not allowed to sign a rotten contract for renting a house without permission, and it is invalid. In general, although no agreement is signed, a de facto lease relationship is formed.

    Tenants do not rent a house, and under normal circumstances, one month's notice is required to give the landlord time to find the next tenant. In the absence of an express agreement on the nature of the deposit, the role of the deposit is to create a guarantee for the house and the property in the house, and if the property damage to the lessor's house and interior facilities is caused during the lease period, it will be deducted from the deposit. If no such loss is caused, the rental deposit shall be refunded to the tenant in full.

    However, if the party who pays the deposit does not perform its contractual obligations, it has no right to recover the deposit; However, if the party who accepts the deposit fails to perform its contractual obligations, it does not bear the obligation to return the deposit double. The issue of whether the rental deposit can be refunded or not shall be handled through negotiation between the two parties, and if the negotiation fails, a lawsuit may be filed with the court to resolve it. Can the rental deposit be refunded, but I didn't sign a contract.

    Legal basis: Article 586 of the Civil Code of the People's Republic of China 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 not exceed 20% of the amount of the same subject matter as agreed by the parties, and the excess part shall not have the effect of the 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.

    I'm a minor, I don't want to rent a house, what if she doesn't return the deposit, I signed a contract, and the lease period is 10 months, but the electricity bill here is very expensive.

    Hello, dear. Contracts signed by minors are not valid. It is possible to ask the landlord to quit the rent.

    What if I don't return it?

    Am I applying for arbitration?

    Hello, the landlord of the rental does not return the deposit, and you can complain to the local people's ** construction (real estate) department at or above the county level.

    I'm in Liangxi District, Wuxi City, where should I go to complain.

    Hello, it is also possible to apply for arbitration.

    What arbitration to file.

    Hello, you can go to your local housing office.

    Real estate registration?

    Hello, the full name of the housing authority is the Housing Authority.

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