We check out without refundable deposit?? Check out without refundable deposit?

Comrade: Don't always trouble the policeman? This is an economic dispute, and 110 can ignore it

Regardless of how many landlords he has, first of all, did you sign a contract when you rented the house?

If you sign it, you will fulfill it according to the contract!

If not, then did he issue a receipt when you gave the deposit, an invoice and a receipt? If you don't have anything, the gods won't be able to help you. As long as there is evidence that he received the money, in fact, it is relatively simple to return the money without a contract, since it is written that the deposit receipt invoice receipt, then the check-out must be returned!

Since there is no contract, it is useless to say more, act according to the evidence! Be bold and don't ramble so much.

Of course, in the case of the other party's tough attitude and physical collision (it is inevitable that there will be pushing and shouting during the quarrel, control your emotions, don't get excited, otherwise you will be beaten upside down!) Then you can report 110. When calling the police, you can emphasize "quarrels and disturbances, fights", the police don't ask you the reason, don't be excited and talk endlessly (especially at night), when the police arrive, prepare evidence, etc., and leave the rest of the work to the police uncle!

Also, protect the room you live in so that you don't break anything, and don't let someone else break anything, so that he can use that as an excuse not to refund the deposit (which is reasonable).

To reiterate, the above is intended to help you protect your rights against the little "tricks" used by "scoundrels" when there is sufficient evidence. Don't learn badly, good luck to you!!

Do you have a contract?

If so, please check carefully whether the contract has any such agreement, if not, you can ask him to return it.

If you don't sign a contract, it's more troublesome, does he give you a receipt when you pay the deposit, if there is, you can also ask for a refund, you can also call 110.

It's too bullying, quarrel with him, if it doesn't work, call the reporter over, and if there is no bad thing, you can't not return the deposit.

In front of him said to call 110It will generally be given to you. In the past, a colleague did it like this.

According to the Contract Law of the People's Republic of China and the Housing Lease Contract Law of the People's Republic of China, the landlord shall return the deposit in a timely manner or return the remaining part after deducting the amount payable in accordance with the contract, and if there is no contract, the deposit shall be returned within one month from the date of termination of the lease relationship.

Therefore, you can first ask the landlord to terminate the tenancy in writing and request a refund of the deposit, if the landlord does not return the deposit, you can do the following:

1.Negotiate with the landlord to see if you can reach an agreement on the return of the deposit.

2.If the negotiation fails, you can apply to the local people's mediation committee or arbitration committee for mediation or arbitration to resolve the dispute.

3.If mediation or arbitration does not resolve the issue, you may file a lawsuit in your local court to resolve the dispute.

It should be noted that if a lawsuit is filed with the relevant agency or court within the time limit prescribed by law, otherwise the opportunity to defend rights will be lost, and there will be no state law to recover the deposit.

The non-refundable check-out deposit will be handled as follows:

1. The two parties negotiate to settle whether the rental deposit can be returned, at this time, it is necessary to clarify the nature of the deposit, if it is the preservation of goods, it can generally be returned, if the agreement is liquidated damages, the parties should not return;

2. The parties can go to the court to file a lawsuit, and the two parties sign a housing lease contract, and if there is a rental agreement, the agreement needs to be strictly implemented.

1. The method of prosecution for non-refundable deposit is as follows:

1. The parties can write a complaint and go to the local court to sue;

2. Write the complaint and submit it to the case filing division of the court, and the judge of the case filing division will notify whether to file the case within seven days;

3. After the court files the case, the court shall pay the litigation fees according to the regulations. The court conducts a ** trial and conducts mediation or judgment;

4. If either party is dissatisfied with the judgment of the first instance, it may appeal, and the higher court will hear and make a judgment;

5. If the other party fails to perform the effective legal documents, it may apply to the court for enforcement.

2. The handling of rental deposit disputes is as follows:

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 will generally agree 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.

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.

To sum up, if you don't return the deposit after checking out, you can ask the other party to return the deposit, and if you don't return it, you can sue the court. In addition, the lease contract is not a reason for the other party not to return the deposit, as long as there is a deposit slip. If the party surrenders the lease without justifiable reasons during the lease period, it is a breach of contract and the deposit may not be refunded.

Article 707 of the Civil Code of the People's Republic of China Where the lease term is more than six months, it shall be in writing. 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.

The other party can be asked to return the deposit, and if it is not returned, it can be sued in court. The lease contract is not a reason for the other party not to return the deposit, as long as there is a deposit slip. If you quit the lease without a valid reason during the lease period, you are in breach of contract, the deposit can not be refunded, and if there is no breach of contract, you can go to the court to sue.

Precautions for renting and checking out.

1. You can check out normally when the lease expires

When the lease is about to expire and it is necessary to move out, the tenant needs to notify the landlord in advance according to the contract, try to restore the original appearance of the house, take the initiative to settle various expenses, and negotiate with the landlord to move out. After the final handover with the landlord, the landlord should return the deposit to the tenant and terminate the tenancy contract.

2. Clean the room

Presumably, the landlord still has a part of your deposit in hand when you take over the house, and if you want to complete the handover smoothly, it is best to clean the room well after you move to make the landlord look more comfortable.

3. If there is damage in the room, you should communicate with the landlord in time

In the process of renting a house, any problems found must be notified to the landlord in time, so as not to count these damages on your head when you hand over the house later.

4. The bills for paying property tax should be left to do:

In the process of renting a house, there must be a lot of bills, such as water and electricity fees, property fees, elevator operation fees, etc., you had better put away these bills and show them to the landlord when handing over the house, so that he has a bottom in his heart.

5. The personal belongings mortgaged when renting a house should be returned

When we rent a house, we must hand over part of our personal information to the landlord, so when we hand over the house, we must take back this information to avoid causing trouble in the future.

If the lessor refuses to return the deposit after the tenant has checked out, the lessee may negotiate with the tenant to deal with it, and if the negotiation fails, it may file a lawsuit with the people's court. According to the relevant provisions of China's Civil Code, 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 negotiating compensation for losses. Signs.

Article 577 of the Civil Code of the People's Republic of China: Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 578 of the Civil Code of the People's Republic of China: Where one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

In the housing lease contract, if the contract is terminated, whether the deposit will be refunded or not needs to be analyzed according to the following circumstances: first, the tenant and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be subject to the agreement between the two parties; Second, the lessor breaches the contract, resulting in the lessee requesting to terminate the contract, the deposit needs to be returned, and the lessor shall bear the liability for breach of contract; Third, if the lessee breaches the contract, causing the lessor to request to terminate the contract, the lessee bears the liability for breach of contract and the deposit needs to be returned; Fourth, if the contract cannot be continued due to the termination of the contract or force majeure, it shall be handled in accordance with the contract.

1. Under what circumstances can the deposit be refunded?

The rental deposit can be refunded and repaid: if the lease contract does not stipulate the nature of the deposit or the agreement, the deposit shall be returned as a lease advance payment in any case. If no loss is caused, it will be refunded upon the expiration or termination of the contract.

If there is any property damage during the lease period, the deposit can be deducted accordingly and the deposit will be refunded after deducting the property loss. Unless otherwise agreed in the contract, the lessor shall return the deposit to the lessee in full and without interest on the date on which the lease relationship is terminated and the lessee vacates and pays all the fees due.

2. What should I do if the deposit for the check-out of the rental house is not refunded?

The solution to the non-refundable deposit for rental housing is as follows:

1. If the lessor refuses to return the deposit, the tenant can request help from the local neighborhood committee or police station for mediation and negotiation together;

2. The tenant can also file a lawsuit in the court according to the "Housing Lease Contract" signed by both parties, prepare the "Housing Lease Contract" signed at that time and the receipt of the deposit at that time as evidence, and request the court to return the deposit or require the payment of liquidated damages to protect their legitimate rights and interests.

1. The materials required for prosecution are as follows:

1. Indictment;

2. Evidentiary materials;

3. The plaintiff's ID card and the materials proving the defendant;

4. If the remaining draft is entrusted to others to litigate, one copy of the power of attorney with clear authorization and one copy of the trustee's ID card must be submitted, and the original must be provided for inspection at the same time;

5. If a lawyer is entrusted to litigate, a power of attorney with clear authorization and a copy of the law firm's acceptance of the entrustment, the letter and the lawyer's certificate must be submitted.

2. The criteria for determining the signing of a breach of contract are as follows:

1. The fact of damage is not a necessary element in the composition of liability for breach of contract in the rental contract, and under certain circumstances, the fact of damage is only a prerequisite for assuming the liability for breach of contract for compensation for losses;

2. The liability for breach of contract is based on the existence of breach of contract, which is not only convenient for adjudication and conducive to improving the efficiency of the investigation of liability for breach of contract in the labor contract, but also can prompt the parties to increase their sense of responsibility for performing the contract and abide by the contract discipline as much as possible.

Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.