If I rent a house and pay a deposit, can I get it back if I don t want to rent it?

If you rent a house and pay a deposit, you don't want to rent it, and whether you can get it back depends on the following circumstances:

1. If the rental contract has been signed, and it is clearly stipulated in the contract that the deposit cannot be refunded, it cannot be refunded;

2. If there is no agreement in the contract, you can negotiate with the landlord to refund the deposit.

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. 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. The term of the lease shall not exceed twenty years, and the excess part of the lease shall be invalid.

If 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 lessor shall deliver the leased property to the lessee in accordance with the agreement, and keep the leased property in accordance with the agreed purpose during the lease term. 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. If the lessee fails to use the leased property in accordance with the agreed method or according to the nature of the leased thing, resulting in losses to the leased thing, the lessor may terminate the contract and claim compensation for the loss.

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. The lessee shall properly keep the leased property, and shall be liable for compensation if the leased property is damaged or lost due to improper storage. With the consent of the lessor, the lessee may make improvements or add other things to the leased property.

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.

Legal basis

Civil Code of the People's Republic of China

Article 721 The lessee shall pay the rent within the agreed period. Where there is no agreement on the time limit for the 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, it 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.

If you pay a deposit and don't want to rent, whether you can get the deposit back depends on the situation

1.If the tenant defaults on the property and fails to use the property in accordance with the lease agreement, or damages the property, etc., then part or all of the deposit may be deducted.

2.If the lessee terminates the contract early and fails to fulfill the relevant lease contract obligations, then it may be necessary to pay liquidated damages or compensate for the losses caused thereby.

Legal analysis: If the lease contract has not expired, if the lease contract clearly stipulates that the tenant can directly deduct the tenant's deposit when the tenant checks out or subleases before the lease period expires, then the contract is valid and the landlord has the right not to return the deposit. If there is no direct agreement on the deposit in the lease contract, the deposit shall be refunded to the tenant.

If you pay a deposit for renting a house, you can refund it if you don't want to rent, as follows:

1. The rental deposit is generally used to restrain the tenant's breach of contract, such as the tenant surrendering the lease in violation of the contract, damaging the goods, failing to pay the water and electricity bills, etc.;

2. If there is no such behavior, then you can request a refund when the lease period expires or the lease contract is terminated.

The specific treatment of the non-refundable deposit for renting a house is as follows:

1. If the lease contract does not specify the nature or rules of the deposit, the deposit shall be treated as a lease advance payment and shall be returned in any case;

2. Where a party pays a lien, guarantee, security deposit, contract money, deposit or deposit, etc., but has the nature of an agreed deposit, and the party claims the right to a deposit, the people's court will not support it;

3. Unless otherwise agreed in the contract, the landlord shall return the full amount of the rental deposit to the tenant without interest on the day after the lease relationship is terminated and the tenant vacates, and all fees payable are cleared and paid;

4. If there is property loss during the rental period, the deposit should be deducted, and the deposit should be refunded after deducting the property loss;

5. In the case of a clearly agreed deposit, the role of the deposit is to set up a guarantee for the house and the property in the house, and if the property loss of the lessor's house and indoor facilities is caused during the lease period, it will be deducted from the deposit;

6. If the loss is caused, the contract shall be refunded when the contract expires or the contract is terminated;

7. The problem of non-refundable rental deposit can be resolved through negotiation between the two parties, and if the negotiation fails, evidence can be collected and sued to the court.

Legal basisArticle 585 of the Civil Code of the People's Republic of China.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them according to the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

If you pay a deposit for renting a house, you can return it if you don't want to rent. The deposit is that one party deposits a certain amount of money with the other party to ensure that its behavior will not cause damage to the interests of the other party.

Therefore, if there is no damage to the facilities in the rental house caused by the previous pants when you quit the lease, of course, you can return it, and if the landlord does not return it, you can sue to solve it.

Legal basis] Article 119 of the Civil Procedure Law, a lawsuit must meet the following conditions:

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 the people's court's acceptance of civil litigation and the jurisdiction of the people's court receiving the lawsuit.