How do I get a refund of my rental deposit? How to refund the deposit for renting a house

The rental deposit shall be refunded at the time of termination of the tenancy contract. How to refund the rental deposit and whether it can be refunded depends on the agreement on the liability for breach of contract in the lease contract, and the tenant fails to terminate the lease contract in advance according to the time limit for the performance of the contract, and the lease surrender is a breach of contract, and the deposit can not be refunded; If the tenant is not at fault, the lessor shall return the lease after the expiration of the rental period.

Article 403 of the Civil Code: Where movable property is mortgaged, 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 404:

Where movable property is mortgaged, it shall not be used against a buyer who has paid a reasonable price and obtained the mortgaged property in the course of normal business activities. 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.

Hello dear, I'm glad to answer for you. The refund method of the rental deposit is as follows: The rental deposit is generally refunded in accordance with the agreement of the housing lease contract.

If there is no express agreement in the contract, the parties can negotiate with each other on their own. According to Article 703 of the Civil Code, which came into effect in 2021, 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 stipulates that the content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 703 of the Civil Code 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 of the Civil Code The content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of the leased object, maintenance of the leased object, etc.

After the expiration of the lease contract, if the lessor inspects the housing equipment for no damage, the tenant needs to return the rental deposit on the spot.

Precautions for renting and surrendering:

1. Notify the landlord in advance If you plan to move to a new house and end the lease relationship with the current landlord, you should notify the landlord at least 30 days before the move. During this time, the tenant can find the tenant again and carry out some necessary cleaning and repairs to the house before the new tenant arrives.

2. Clean up the roomThe so-called clean the room and sweep some of the dust on the surface. Moving is stressful enough, but renters should accept the cumbersome but true rules: clean up after you go and take responsibility for your actions.

It won't take long, but it can make a good impression on the host and bring the relationship between the host and the host to a pleasant end.

3. The landlord conducts a pre-check-out inspectionBefore leaving, the landlord will generally make an appointment with the renter to check out. If the tenant damages the room equipment during the tenant's stay, he will face either a partial or full deduction of the security deposit. If the cost of the damage exceeds the deposit, compensation should also be made.

The best way to avoid trouble is to repair or liquidate the damage immediately.

If the tenant uses the leased property in accordance with the agreed method or according to the nature of the leased property, he may negotiate with the landlord to request a full refund of the rental deposit; If the negotiation fails, it may apply for arbitration or file a lawsuit with the court in accordance with the law; However, if the tenant is at fault for the damage to the premises, the deposit must be partially refunded or not refunded as agreed in the rental contract.

[Legal basis].

Article 587 of the Civil Code.

If the debtor performs its obligations, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Article 710.

If the lessee uses the leased object 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 2 of the Arbitration Law of the People's Republic of China.

Contract disputes and other disputes over property rights and interests between citizens, legal persons, and other organizations that are equal subjects may be arbitrated.

Article 120 of the Civil Procedure Law of the People's Republic of China.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Legal analysis: The rental deposit is generally refunded in accordance with the provisions of the housing lease contract. If there is no express agreement in the contract, the parties can negotiate with each other on their own.

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

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

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

Legal analysis: The rental deposit is generally refunded after the expiration of the rental period, and it is to ensure that the house and its facilities are not damaged.

Legal basis: Article 394 of the Civil Code of the People's Republic of China Where the debtor or a third party does not transfer possession of the property and mortgages the property to the creditor in order to guarantee the performance of the debt, 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.