What to do if the landlord does not refund the deposit

1. How to deal with the situation that the landlord does not return the deposit.

1. The landlord does not refund the deposit as follows:

1) Settlement through negotiation between the two parties. Whether the rental deposit can be returned depends on the nature of the deposit, if it is for the preservation of goods, it can be returned, and if it is agreed to be liquidated damages, it must not be returned.

2) Court Prosecution. The tenant and the tenant sign a housing lease contract, and if there is a rental agreement, the agreement needs to be strictly implemented. In addition, if the other party surrenders the lease, it is a breach of contract, and the other party can be required to bear the liquidated damages and actual loss compensation, and if the negotiation with the other party fails, it can go to the court to sue.

2. Legal basis: Article 436 of the Civil Code of the People's Republic of China.

If the debtor performs the debt or the pledgor pays off the secured creditor's rights in advance, the pledgee shall return the pledged property.

If the debtor fails to perform the debts due or the parties agree to realize the pledge, the pledgee may agree with the pledgor to discount the pledged property, or may give priority to the repayment of the price obtained from the auction or sale of the pledged property.

Where the pledged property is discounted or sold, it shall refer to the market**.

2. How to deal with rental deposit disputes.

1. The landlord can deduct the liquidated damages, damage compensation and other related expenses arising from the landlord's violation of the provisions of this contract, and the insufficient part of the tenant must be made up within 10 days after receiving the landlord's payment notice;

2. If the tenant is unable to rent the property normally during the lease period due to the landlord's reasons, the landlord shall immediately return the deposit to the tenant in full and without interest, and the tenant has the right to pursue the landlord's liability for breach of contract;

3. The rental deposit is generally agreed between the tenant and the landlord, and the actual deposit will generally not exceed two months, and the landlord generally agrees to pay the landlord the rental deposit in order to ensure that the house and its household appliances are not illegally resold, and the deduction of water and electricity bills, the tenant generally agrees to pay the landlord's rental deposit, and there will be corresponding after receiving the deposit;

4. Unless otherwise agreed in the rental contract, the tenant shall return the full amount of the deposit to the tenant without interest on the day after the lease relationship is eliminated and the landlord vacates, counts and pays off the fees payable.

In the event that the landlord does not refund the deposit, the following measures can be taken:

1.The two parties negotiated and settled: whether the rental deposit can be returned, depending on the nature of the deposit, if it is for the preservation of the goods, it can be returned, if it is agreed to be liquidated damages, it must not be returned.

2.Filing a lawsuit in court: The tenant and the tenant sign a housing lease contract, and if there is a rental agreement, the agreement needs to be strictly implemented.

In addition, if the other party surrenders the lease, it is a breach of contract, and the other party can be required to bear the liquidated damages and actual loss compensation, and if the negotiation with the other party fails, it can go to the court to sue.

3.Application for mediation: If one party unreasonably refuses or delays the payment of rent, the other party may require it to pay rent in accordance with the performance of the contract.

If the parties have signed a contract, it must be dealt with in accordance with the provisions of the contract, and if no contract has been signed, then the parties can negotiate a settlement.

4.Gathering evidence: If the nature or rules of the deposit are not specified in the lease contract, the deposit is treated as a rental advance and is to be returned in any event.

Where a party pays a lien, guarantee, security deposit, contract money, deposit, or deposit, etc., but does not agree on the nature of the deposit, the people's court will not support the party's claim for the right to the deposit. Therefore, the nature and rules of the deposit must be specified in the contract.

The above are the measures that can be taken in the event that the landlord does not refund the deposit, depending on the tenancy contract signed at that time.

In the process of renting a house, there will always be cases where the landlord does not return the deposit. If not handled properly, it can cause financial losses to individuals. So, if the landlord doesn't refund the deposit, how do you solve the problem?

1.Negotiate with the landlord. If the landlord does not refund the deposit without reason, the first thing that comes to mind is, of course, negotiation. Tell the landlord that the contract stipulates that the deposit will be returned, and the landlord will deal with the problem in the way agreed in the contract. Failure to return the deposit is a breach of contract.

2.Seek help from third-party mediation and regulators. There are mediation agencies and the corresponding regulatory authorities, the housing authority, that can coordinate in the middle.

Tenants have the option of filing a complaint with the appropriate department. For example, you can mediate with the local neighborhood committee or police station, or you can contact the District Housing and Urban-Rural Development Committee, the District Housing Management Bureau, the mayor's mailbox, the Consumer Association, the industrial and commercial department, etc.

3.Legal document services such as lawyer's letters and pleadings may be considered. For such minor cases, it is recommended that the tenant can choose a less costly way to solve the problem, such as sending a lawyer's letter or ** lawyer writing a complaint.

4.Filing a lawsuit in court. All the methods have been exhausted, and if you can't swallow this breath, you can sue for settlement.

The landlord has violated the provisions of the Contract Law by maliciously breaching the contract, and suing the court can not only require the landlord to return the deposit, but also require the landlord to pay liquidated damages in accordance with the contract. If the target is small, the simplified procedure can generally be applied, and the result can be obtained in about 3 months.

What do I need to pay attention to when checking out?

1.Inform the landlord in advance. Please inform the host in advance when you check out.

If the renter intends to move into a new home and terminates the tenancy relationship with the current landlord, they should notify the landlord at least 30 days before moving. Because during this time, renters can find renters again to do some necessary cleaning and repairs to the house before the arrival of new renters.

2.Cleaning the house. During the check-out process, after packing up all your belongings, make sure that the house is cleaned so that the next tenant can live in it and make a good impression on the landlord.

3.When the rental contract expires, check out as normal. When the rent is about to expire and it is necessary to move out, the tenant should inform the landlord in advance according to the contract, try to restore the original appearance of the house, take the initiative to settle all expenses, and negotiate with the landlord to move out.

After completing the later handover with the landlord, the landlord should return the deposit to the tenant and terminate the tenancy contract.

4.If the rental contract has not expired, move out early. If the contract does not expire, it is a breach of contract to move out early. In this case, the landlord will not refund the rental deposit.

In the case of the landlord not returning the deposit, the way to take is to negotiate and sue. Renting a house requires a deposit to be paid to the landlord, and if the tenant decides to move out after the contract expires, the landlord will have to return the deposit. 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. If it cannot be resolved through negotiation, it can be resolved by litigation. The landlord has the right to withhold the deposit, the tenant does not quit the rent according to the time agreed in the contract, the tenant does not pay the rent regularly, and the tenant damages the items belonging to the landlord.

The rental contract is a powerful tool for protecting rights. In order to avoid disputes over the deposit, there will be a deposit clause in the rental contract. The original receipt of each rent payment proves that there is no rent arrears, and the deposit can be returned.

When paying rent to the landlord, keep the bill for bank transfer, or keep a record of Alipay transfer, and keep a receipt for cash.

Article 233 of the Civil Code of the People's Republic of China Where property rights are infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means. Article 530:Creditors may refuse the debtor's early performance of debts, except where the early performance does not harm the creditor's interests. The debtor shall bear the additional costs incurred by the creditor for the debtor's early performance of the debt.

Article 577:Where one of the parties fails to perform its contractual obligations or its 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.

When the right to claim for the return of the deposit occurs.

When the contractual relationship is terminated and there is no contractual debt and no performance is performed, the mortgagee may request a refund of the deposit. During the existence of the lease relationship, the grantor may not request the return of the deposit. In addition, the grantor has the right to request the return of the balance of the deposit in excess of the statutory limit at any time, or to notify the mortgagee to offset it.

If the debtor fails to perform its contractual obligations, the creditor still has the right to claim the return of the balance after the deposit is paid in priority. Any agreement between the parties regarding the forfeiture of the deposit is null and void.

Summary. Hello, it's my pleasure to answer your <>

Based on your problem, the following is the result of my analysis for you from a legal point of view: What to do if the landlord does not return the deposit: If the landlord does not return the deposit, you can go to the people's court to sue.

If the contract expressly stipulates that the deposit shall be refunded at the end of the lease period, the landlord has violated the contract by not returning it. According to Article 577 of the Civil Code, which came into effect in 2021, if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the contract, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 579 stipulates that if one of the parties fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may request payment from the other party.

What to do if the landlord does not refund the deposit

Hello, it's my pleasure to answer your <>

Based on your problem, the following is the result of my analysis for you from a legal point of view: What to do if the landlord does not return the deposit: If the landlord does not return the deposit, you can go to the people's court to sue.

If the contract expressly stipulates that the deposit shall be refunded at the end of the lease period, the landlord has violated the contract by not returning it. According to Article 577 of the Civil Code, which came into effect in 2021, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement on the basis of the contract, it shall bear the liability for continuing to perform, taking remedial measures or compensating for losses. Article 579 stipulates that if one of the parties fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may request payment from the other party.

Hello, the following is the relevant legal basis I have found for you, I hope it will be helpful to you: Article 577 of the Civil Code, if one of the parties fails to perform its contractual obligations or Mu Cong's performance of its contractual obligations does not conform to the contract, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary obligations, the other party may request payment.

Still have questions? Kiss, can you talk about it specifically? Or is there anything you'd like to talk about? <>

If the landlord does not return the deposit, he may negotiate with the landlord first, and if the negotiation fails, the parties may file a lawsuit with the people's court.

The following conditions must be met for a prosecution:

1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case.

2. There is a clear defendant.

3. There are specific litigation claims, facts and reasons.

4. It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court to which the lawsuit is filed.

Summary. Hello <>

We'll be happy to answer for you. What to do if the landlord does not refund the deposit1. Negotiate first, if the lessor refuses to return the deposit, the lessee can request help from the local neighborhood committee or police station under normal circumstances, and then conduct mediation and negotiation together.

The landlord will not refund the deposit, and call ** to the Consumer Association to consult and complain. If the landlord does not return the deposit, he can call the police to deal with it, or he can complain to the housing management office. If the lessor refuses to return the deposit, the lessee can generally request help from the local neighborhood committee or police station, and then conduct mediation and negotiation together.

What to do if the landlord does not refund the deposit

Hello <>

We will be happy to answer your questions. What to do if the landlord does not refund the deposit1. Negotiate first, if the lessor refuses to return the deposit, the lessee can request help from the local neighborhood committee or police station under normal circumstances, and then conduct mediation and negotiation together.

The landlord will not return the deposit, and will call ** to the consumer association to consult and complain in the chaos. If the landlord does not refund the deposit, he can change it to the air alarm or complain to the housing management office. If the lessor refuses to return the deposit, the lessee can generally request help from the local neighborhood committee or police station, and then conduct mediation and negotiation together.

Dear, <>

Hello <>Legal basis: Article 704 of the Civil Code of the People's Republic of China The content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period, and maintenance of the leased property.

Article 570 of the Civil Code of the People's Republic of China Zhenglaoyan 7 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 and scattered measures, or compensating for losses. The content of the mediation agreement must not contravene the provisions of the law. <>