If I check out early, can I return the deposit?

Updated on society 2024-06-05
7 answers
  1. Anonymous users2024-02-11

    It depends on the quality of the landlord.

    According to the law: if you unilaterally propose to terminate the contract, the landlord can claim compensation from you, and the amount of compensation depends on how much damage you have actually caused her.

    Now there are two possibilities: one is that the landlord is very good, and only needs you to pay the utility bill, and then refund your 4200

    The second is that the landlord can only be average, and it is a problem to rent out at the same price, then you need to make up the rent.

    The third is that the landlord is bad, then you may be seriously damaged.

    Now offer you a solution:

    Negotiate with the landlord, check out, pay utility bills, and the remaining difference in rent, of course, if it is not easy to find tenants, you have to help find it, you are kind, and the general landlord will not be overbearing** go! Hehe.

    Hope it helps.

  2. Anonymous users2024-02-10

    Yes, the deposit is to be refunded when the contract is terminated.

    In addition, the month you didn't live in was too rich to offset the utility bill, and the landlord wouldn't have objections.

  3. Anonymous users2024-02-09

    Look at the landlord's. 1. It's impossible for this kind of thing to get into trouble at the police station. That's how I've been.

    Nothing. It's good to say that I gave a refund of 200 yuan. Who let us sign the contract, the time has not come, people have a reason:

    Either you stay for a long time, or you are in a good mood to offset the savings after the water and electricity are less. If you have more left, you should order it, and if you say something good, you should be able to get some back.

  4. Anonymous users2024-02-08

    Legal analysis: the deposit is refundable. However, in general, you will need to pay a penalty for early departure, which is subject to the rental contract.

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

    Article 707: Where the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

    If the lease term is fixed, it shall be regarded as an irregular lease.

    Article 710 Respondent If the lessee uses the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in the loss of the leased thing, it shall not be liable for compensation.

    Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. If the lessee improves or adds other things to the leased property without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for losses.

  5. Anonymous users2024-02-07

    Legal analysis: In accordance with the principle of equality and voluntariness of the contract, the early surrender of the lease shall be subject to the signed contract, and if there is no agreement in the contract, the general provisions of the Civil Code of the People's Republic of China shall be followed. The lease contract stipulates the rights and obligations of both parties, the lessor shall provide the house in accordance with the agreement, and the lessee shall pay the rent according to the agreement.

    If you quit the lease before the dust answer, Yuanmin has breached the contract and bears the liability for breach of contract, and the form of the burden is generally to deduct the deposit.

    Legal basis: Article 711 of the Civil Code of the People's Republic of China If the lessee fails to use the leased property in accordance with the agreed method or the nature of the leased object, resulting in losses to the leased property, the lessor may terminate the contract and claim compensation for the loss.

  6. Anonymous users2024-02-06

    Legal analysis: If the rental contract is terminated before it expires, the party who proposes to terminate the contract shall bear the liability for breach of contract and compensation for losses. Whether the deposit is refundable or not should be considered from three aspects:

    The first is the way to bear the liability for breach of contract as agreed in the contract (whether the return of the deposit is agreed);

    The second is to see whether the two parties to the contract can reach an agreement on early termination of the contract, if the two parties agree to terminate the contract and return the deposit;

    Third, in accordance with the law and practice, it is generally necessary to inform the landlord one month in advance that the lease contract must be terminated and then the rent will be settled. If there is no provision in the contract that the deposit will not be refunded because the tenant has proposed to terminate the contract, the deposit shall be refunded.

    In general, neither the lessor nor the lessee can terminate the contract at will. However, under certain conditions, both parties can terminate the contract early, and for the lessee, in order to protect its own rights and interests, it should be understood that the lessor must meet the conditions or reasons for early termination of the lease contract, mainly including:

    1: The tenant sublets, transfers and lends the house to others without the consent of the lessor;

    2: The tenant uses the rented housing to engage in illegal activities, endangering the public interest of the society;

    3: The tenant does not comply with the provisions of the contract, and arrears of rent, water and electricity and other expenses for a total of 6 months;

    4: The tenant violates the provisions of the contract and changes the use of the housing without the consent of the lessor;

    5: The tenant seriously damages the house or the equipment and facilities in the house and refuses to repair and compensate;

    6: The lessor must take back the house for self-occupation due to unforeseen things in advance;

    7: The rented housing has been significantly damaged due to ** and other reasons, threatening the personal safety of the occupants, and the housing management department has certified in writing that it should be rebuilt.

    As a lessee, the contract may also be terminated in the following cases, provided that it is notified in advance and negotiated with the lessor:

    1: The leased housing is seriously damaged or even in danger of toppling, and the lessor refuses to repair it;

    2: The tenant has built or purchased his own house during the lease period of the house and does not need to live in it again;

    3: The tenant's work unit moves away from the city or the new work unit is far away from the rented housing, and the transportation is inconvenient, and the housing needs to be rented again.

    It is worth mentioning that when the lessee proposes to terminate the lease contract due to the first reason, it does not need to compensate the lessor, and if the lessee needs to terminate the contract due to the latter two reasons, it shall give the lessor appropriate compensation.

    Legal basis: Article 563 of the Civil Code of the People's Republic of China The contract may be terminated under any of the following circumstances: (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 debt and fails to perform it 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.

  7. Anonymous users2024-02-05

    The rental deposit is generally refunded after the expiration of the rental period, and the deposit must be refunded if you leave the rental early, but it can only be refunded if the house and its facilities are not damaged.

    You can refund the deposit if you rent a rental early, but you need to bear the liability for breach of contract.

    1. If you check out early during the lease period, the deposit can be refunded, but you need to bear the liability for breach of contract;

    2. The so-called deposit means that one party deposits a certain fee with the other party to ensure that its behavior will not cause damage to the interests of the other party, and if the damage is caused, it can be paid according to the facts or compensated separately;

    3. The deposit for renting a house is to ensure that the facilities in the landlord's house are not artificially damaged by Makai, and the deposit must be refunded if the property in the house is not damaged.

    The liquidated damages for breach of contract are calculated as follows:

    1. The two parties agree on liquidated damages;

    1) If the two parties have agreed in advance on the amount of liquidated damages to be paid by the breaching party in the event of a breach of contract, then it should be executed according to the agreement. However, there is another situation where the agreed liquidated damages are too high, far greater than the loss caused to the landlord due to the tenant's early departure, then it is possible to negotiate to reduce the liquidated damages;

    2) 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;

    3) The tenant has the right to request an appropriate reduction if the liquidated damages are too high, and the landlord can also request an increase if they find that the liquidated damages are lower than the losses.

    2. The two parties have not agreed on liquidated damages.

    1) If the two parties have not agreed on liquidated damages or the agreement is not clear, and one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, the other party shall compensate for the losses if the other party has other losses after performing the obligations or taking remedial measures;

    2) The tenant is in breach of the contract by quitting the lease early, and the landlord should be compensated for the losses caused by the breach of contract;

    3) If the tenant leaves the lease early, the landlord should return the deposit, but the tenant should bear the liability for breach of contract because he has violated the lease contract, that is, compensate the landlord for the actual loss. If the two parties fail to reach an agreement, they can settle the matter by filing a lawsuit and let the court mediate.

    Legal basis

    Civil Code of the People's Republic of China

    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.

    Article 709.

    The lessee shall use the leased property in accordance with the agreed method. Where there is no agreement on the method of use of the leased item or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be used in accordance with the nature of the leased item.

    Article 713.

    The lessee may request the lessor to repair the leased property within a reasonable period of time when the leased property needs to be repaired. If the lessor fails to perform the maintenance obligation, the lessee may repair it by itself, and the maintenance cost shall be borne by the lessor. If the use of the leased property is affected by the maintenance of the leased property, the rent shall be reduced or the lease term shall be extended accordingly.

    If the leased property needs to be repaired due to the fault of the lessee, the lessor shall not bear the maintenance obligation provided for in the preceding paragraph.

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