What should I do if the agent does not refund the deposit What should I do if the agent does not ref

If the tenant decides to move out after the contract expires, but the landlord refuses to return the deposit, or finds various reasons not to return the deposit, what should the tenant do? If the landlord does not return the deposit without reason, the way that can be taken is first of all, negotiation. 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.

Second, if it cannot be resolved through negotiation, it can be resolved by litigation. 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. The prosecution must be sufficiently evidentiated, and the following matters must be proved:

The tenancy relationship does exist and the tenancy relationship has ended; There are no of the above matters that require compensation to the landlord; The landlord does have the facts of the seizure of evidence. In order to prove the facts, the information related to the rental is usually retained as evidence to support the claim. However, it is important to note that the landlord has the right to withhold the deposit if:

The tenant fails to quit the lease at the time agreed in the contract; the tenant does not pay rent on a regular basis; Tenant damage belongs to the landlord. Legal basis: Article 215 of the Contract Law of the People's Republic of China [Form of Lease Contract] If the lease term is more than six months, it shall be in written form.

If the parties do not adopt the written form, it shall be regarded as an indefinite lease.

After a dispute arises with the intermediary company and the communication is invalid, 1) go to the industrial and commercial bureau or industrial and commercial office where the intermediary company is located to complain, you need to bring the original relevant evidence, and check the business place, legal person and other information of the housing intermediary company in advance (only if it is a formal company, it can be found on the industrial and commercial bureau).

2) The consumer complaint of the industrial and commercial bureau is still the most useful method, if the industrial and commercial bureau will coordinate and notify the result within 7 working days: coordinate and solve, take the contract and deposit to the intermediary company.

3) The URA complaint can be made directly online, and the URA will also coordinate with the housing agency, but if it fails, there is no other way.

Notes: 1) Be sure to keep the original copy of the rental contract and deposit slip.

2) If you have paid rent and other fees to the agent, either keep the bank statement or ask the agent to issue a receipt.

If the intermediary does not return the deposit, he or she can go to the industrial and commercial bureau or industrial and commercial office where the intermediary company is located to complain, and the industrial and commercial bureau shall coordinate and notify the result within 7 working days.

Legal basis. Article 403 of the Civil Code.

If the mortgage is made on movable property, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.

Article 577.

If 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 the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 704.

The content of the lease contract generally includes the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Complain to the industry and commerce and the construction committee where you are located, and you will complain to the construction committee of which district you have.

Complain, who is the partition to talk to in advance, say no return to complain, now the state stipulates that the house is not allowed to play the partition.

The rental agreement goes to the construction committee or ** to post it, sue the intermediary to eat the difference, group rent, and withhold the deposit, and if necessary, the major ** releases the real situation of the event, the real estate community forum, the focus of the search Sina, etc.

Does the real estate agent not refund the housing deposit when it expires?

Legal analysis: 1. Before paying the deposit, please find out whether the intermediary company is legal, and you can inquire at the local industrial and commercial bureau. In the case of credible, be sure to ask for a deposit receipt to see if the official seal matches the company.

2. If you feel that it is not suitable afterwards, you need to return the deposit, first of all, you must communicate with the intermediary and explain the situation. However, the intermediary is usually reluctant to withdraw the money in his pocket, and there will be various excuses and reasons, so at this time, he should make a gesture, and if he doesn't give it to me, he won't want it, anyway, someone will take care of it, tell the intermediary, and if he doesn't return, he will go to the Construction Committee to complain. 3. If you complain directly on the spot, it may fail, and you will go to the local real estate transaction in the north to complain online, and the complaint will be distributed to the district and county construction committee, so that they will not dare not accept it.

At the same time, the intermediary will rein in and obediently return the money to you.

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 people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

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

Legal analysis: When the intermediary does not refund the deposit, the parties can go to the industrial and commercial bureau to complain, or Pei Jingchang can sue the intermediary company to the people's court. If the intermediary fails to facilitate the conclusion of the contract, it shall not request payment of remuneration; However, the client may be requested to pay the necessary expenses incurred by the intermediary activities in accordance with the agreement.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 964 of the Civil Code of the People's Republic of China: Where an intermediary fails to facilitate the conclusion of a contract, it shall not request payment of remuneration; However, the client may be requested to pay the necessary expenses incurred for engaging in intermediary activities in accordance with the agreement.

The solution for the intermediary to return the deposit is as follows:

1. The tenant can negotiate with the intermediary first, which is the most direct step;

2. In addition, the tenant can also or request help from the neighborhood committee and the police station for mediation, which has achieved or reached the purpose of recovering the rent;

3. If mediation fails, you can sue the court with evidence such as the rental contract signed with the intermediary and request the intermediary to return the deposit.

If you sign a rental contract with an intermediary, you should check the entrustment agreement between the intermediary and the landlord to understand the intermediary's ** time and determine that the intermediary has the right to sign the contract. The parties should carefully study the terms of the contract to see whether the rights and obligations of both parties are equal, whether the liability for breach of contract is specific and clear, and should require the intermediary to write their commitments into the contract and sign for confirmation. Pay attention to the description of the content of the bills issued by the intermediaries, and properly keep all kinds of written materials and fee bills.

[Legal basis] shirt noArticle 6 of the Measures for the Administration of Urban Housing Leasing.

Houses that fall under any of the following circumstances are not allowed to be rented:

1) Failure to obtain a house ownership certificate in accordance with law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) The co-ownership of the house has not obtained the consent of the co-owners;

4) The ownership is disputed;

5) It is an illegal construction;

6) Failure to meet safety standards;

7) has been mortgaged, without the consent of the mortgagee;

8) Not complying with the relevant provisions of the competent departments of public security, environmental protection, health, etc.;

9) Other circumstances in which leasing is prohibited by relevant laws and regulations.

Legal analysis: When the intermediary does not give a refund of the deposit, he can complain to the industrial and commercial bureau. The intermediary company can also be sued in the people's court.

In accordance with the provisions of Article 3 of the Civil Procedure Law of the People's Republic of China, the provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China stipulates that the provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property and personal relationships.

Summary. Hello dear dear, if the landlord does not return the deposit, the tenant can negotiate with the landlord with the relevant content of the housing lease contract, and according to the law, if one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, after performing the obligations or taking remedial measures, the other party has other losses, the losses shall be compensated, and the landlord is obliged to return the deposit paid by the tenant in accordance with the contract. If the negotiation fails, the parties may file a lawsuit with the court for settlement.

Hello dear dear, if the landlord does not return the deposit, the tenant can negotiate with the landlord in the relevant provisions of the Housing Lease Contract, and according to the law, if the party does not perform the contractual obligations of the empty line or the performance of the contractual obligations does not conform to the agreement, after performing the obligations or taking remedial measures, the other party has other losses, the losses shall be compensated, and the landlord is obliged to return the deposit paid by the tenant in accordance with the contract. If the negotiation fails, the parties may file a lawsuit with the court for settlement.

Legal basis: Article 577 of the Civil Code of the People's Republic of China If 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 the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses and losses. (The Civil Code of the People's Republic of China will come into effect on January 1, 2021).

1. Negotiate with a real estate agent; 2. To go to the industrial and commercial bureau or industrial and commercial office where the intermediary company is located to make a careful complaint, you need to bring the original relevant evidence, and check the business place, legal person and other information of the housing intermediary company in advance (only if it is a circular company, it can be found on the industrial and commercial blind bureau). 3. Filing a lawsuit with the court.

Who is in default.

In life, we often use intermediaries to achieve some purposes, of course, intermediaries will also charge a certain fee, so what if the intermediary does not return the deposit? Next, take a look below.

01 Generally speaking, the intermediary can only charge the intermediary fee, as long as it is to promote the establishment of the intention of both parties to the contract, then the intermediary fee can be charged, but the deposit is to be refunded.

02 For example, a job search agent can secure a job after charging a certain deposit. But they still haven't found a suitable job. In this case, the deposit will be refunded.

03 The deposit is legally refundable, that is, if the two parties terminate the corresponding rights and obligations, the deposit must be returned. If the agent does not refund the deposit, as long as the other party is not at fault, then it should be refunded. First of all, there should be a consultation with the intermediary.

04 If the intermediary does not return the money, he can file a lawsuit for the intermediary contract dispute and ask the court to resolve it. Preparation of the corresponding complaint, as well as evidentiary materials.