What should I do if I want to quit the landlord and don t give a refundable deposit?

Under normal circumstances, the landlord needs to return the deposit to the tenant after the performance of the lease contract or the termination of the contract by both parties. If the tenant damages the landlord's premises or facilities, the landlord can deduct it directly from the deposit and it will not be refunded. However, if you do not have the above circumstances, the landlord will need to refund the deposit.

The landlord's failure to return the deposit is a breach of contract and a tenant can file a lawsuit in accordance with the law. The tenant can not only ask the landlord to return the deposit, but also require the landlord to bear the liability for breach of contract, and the specific standard of liquidated damages depends on whether there is an agreement in the lease contract between the two parties, and if there is no agreement, then the standard of liquidated damages can be determined in accordance with the provisions of the law.

Civil Code of the People's Republic of China

Article 425.

If, in order to secure the performance of the debt, the debtor or a third party pledges its movable property to the creditor for possession, and the debtor fails to perform the due debt or the pledge is realized as agreed by the parties, the creditor has the right to be repaid in priority for the movable property.

The debtor or third party provided for in the preceding paragraph is the pledgee, the creditor is the pledgee, and the movable property delivered is the pledged property.

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.

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.

A refund of the deposit can be requested. Of course, some landlords will choose how long they want to stay with the tenant when they sign the contract, such as at least 3 months. This situation will be ridiculous, and the monthly fee will definitely have to be paid.

After you encounter this matter, you can directly take the contract signed at that time, and then appeal to the relevant department to ask for the deposit.

What kind of fee has not been settled, it has been dragged on, and in the end, only half of the deposit or all of it has been refunded.

If the landlord does not return the deposit without reason, the first way that comes to mind is, of course, negotiation. Tell the landlord that the return of the deposit is the agreement of the contract, and the landlord should deal with the problem in the manner agreed in the contract, and that not returning the deposit is a breach of the contract, and at the same time keep the chat records of the negotiation with the landlord, including ** recording, here it is best to have written records such as SMS and WeChat (because ** recording appears as evidence, it is not as good as SMS WeChat). If you have moved out of the rental house, you can also remind the landlord on the side whether you have forgotten to handle the housing record, registration, whether to pay taxes or something, and the specific partners will know by themselves

Legal analysis: If the landlord does not return the deposit without reason, the first way that comes to mind is of course negotiation. Tell the landlord that the return of the deposit is the agreement of the contract, and the landlord should deal with the problem in the manner agreed in the contract, and that not returning the deposit is a breach of the contract, and at the same time keep the chat records of the negotiation with the landlord, including ** recording, here it is best to have written records such as SMS and WeChat (because ** recording appears as evidence, it is not as good as SMS WeChat).

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 landlord does not give a refund of the deposit, it should be dealt with according to the following circumstances: 1. If the tenant has complied with the contract, the landlord shall return the deposit to the tenant in accordance with the contract, and if the landlord does not return it, the tenant may file a lawsuit with the court to require the landlord to return the deposit; 2. If the tenant fails to comply with the agreement, the landlord can not return the deposit, and the deposit can be regarded as compensation for losses, but after the tenant compensates for the loss, the landlord should return the deposit to the tenant, and if the loss is not compensated, the deposit does not need to be returned.

[Legal basis]:Civil Code of the People's Republic of ChinaArticle 703The 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 704The 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.

If the landlord refuses to return the deposit, the tenant can negotiate with the landlord according to the actual situation, and if the negotiation fails to reach an agreement, the tenant may invite the neighborhood committee to urge the landlord to fulfill the obligation to return the deposit; If the problem is still not solved, the tenant can apply for arbitration or file a lawsuit according to the relevant terms and conditions in the lease contract.

Legal basis] Article 394 of the Civil Code.

If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 578.

If 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 it to bear the liability for breach of contract before the expiration of the performance period.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

[Legal Analysis].The landlord does not refund the deposit, which can be resolved through negotiation between the two parties, and the deposit will generally be agreed 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. If the negotiation fails, you can call the police and let the police mediate, if the house itself is not safe enough to cause the theft, the landlord is liable for compensation, so it is reasonable to quit the rent, and the landlord has to return the deposit.

[Legal basis]:Article 721 of the Civil Code of the People's Republic of China The lessee shall pay the rent within the agreed period. Where there is no agreement on the period for payment of rent or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the lease term is less than one year, the number of groups shall be paid at the expiration of the lease term; If the lease term is more than one year, it shall be paid at the expiration of each year, and if the remaining term is less than one year, it shall be paid at the expiration of the lease term.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with a professional in detail.