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If the contract stipulates that the deposit will not be refunded in whole or in part if the contract is terminated early, then the deposit will generally not be refunded in full. However, try to negotiate with your landlord. According to Article 577 of the Civil Code implemented in 2021, if a party 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.
Article 578 stipulates that 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. Legal basis: Article 577 of the 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 compensating for losses.
Article 578 of the Civil Code: 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 it to bear liability for breach of contract before the expiration of the performance period.
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If there is no special agreement, the deposit is not a deposit, and there is no breach of contract, and it can be returned in a lawsuit.
What should be done is to negotiate with the landlord to solve the problem first, and you can call ** to the property, police, tax (report the landlord did not declare tax deductions) and other departments for assistance. In the process of negotiation and settlement, do a good job of collecting evidence. If the negotiation doesn't work out, the landlord is cheating.
Then weigh the cost of suing first, and if you can't, you can only sue the court.
In order to facilitate and timely evidence collection, relevant information such as rental contracts, transfer records, and utility bill payment records must be properly kept, otherwise even if you file a lawsuit with the court, you may not necessarily have the possibility of winning the lawsuit.
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If you want to quit the house before the lease expires, the landlord won't refund the deposit, which is normal because you are unilaterally in breach of contract. But the thing is that the rental contract has not expired, and you want to quit the house, you have to be patient with the landlord, if there is an emergency, the landlord will give you a refund of the deposit, and people's hearts are long.
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It shall be handled as agreed in the rental contract.
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Hello, you can only fulfill the obligations of both parties in accordance with the rental contract, you can only negotiate less deductions if you want the deposit, if the landlord does not agree, according to your description, you have no way at all, after all, it is your unilateral breach of contract, the other party can get all the deposit, why bother with you.
The above is the question, if you have any doubts, you can ask.
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If the rental contract has not expired and you want to return the house, then the landlord should also refund the deposit normally, and if the negotiation fails, then it can only be resolved through court litigation.
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Negotiate with the landlord, talk about your difficulties and suffering, and the reason for moving out. Move people with emotion and reason, and strive to get the sympathy and understanding of the landlord, and the landlord can refund as much as he wants. After all, if you want to return the house before the lease contract expires, the deposit will not be refunded according to the contract.
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Now it mainly depends on how the contract you signed when you rented the house? If there is a rule that the landlord does not return the deposit when the rent is not due, then the landlord is not wrong, and if the deposit is returned when the contract is signed, then the landlord should follow the contract, so you should take out the contract and look at it and then think about it.
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What should I do if the rental contract has not expired and I want to move out, but the landlord does not refund the deposit? In this case, you have violated the contract, so you will be passive, but if you pay all the rent during the contract period, you can refund the deposit.
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What should I do if I want to quit the house before the rental contract expires, but the landlord does not refund the deposit? I thought that the rental contract had not expired, and you wanted to quit the house, so you had to be patient with the landlord, and if there was an emergency, the landlord would give you a refund of the deposit.
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Then you can sublet it yourself and pass it on to the tenant.
Yes, you can do that.
Otherwise, you can't ask for a deposit.
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There is no legal basis for the landlord not to refund the deposit, and you will be liable for breach of contract if you leave the property early, but this does not mean that the deposit will not be refunded.
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If you have different ideas, it depends on how the terms of the contract are written, and it is reasonable to deal with the content of the contract according to the content of the contract
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Before the contract expires, you are in breach of contract when you check out, and the landlord can not refund the deposit. Negotiate well, or wait for the contract to expire!
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If the rental contract has not expired, you cannot just ask to quit the house, this is a breach of contract, and the landlord has the right not to refund the deposit to you.
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The lease has not expired and you want to move out, and it makes sense for the landlord not to refund the deposit because you have a lease contract.
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You can only communicate first, and if it doesn't work, you can solve it according to the contract.
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Renting a house is contractual, and your breach of contract can only be resolved through negotiation with the landlord.
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Sit down with the landlord and negotiate well, although the pressure is paid, as long as you say that you have not obviously violated the contract, you can still refund a part of the deposit. Let's put ourselves in the shoes of the landlord, after all, if you leave the house suddenly, it is vacant, and the landlord has a loss.
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Legal analysis: 1. First of all, consultation. 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.
2. You can call the police, and the police can mediate.
3. If the negotiation cannot be resolved, it can be sued for resolution. 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.
However, it is worth noting that the evidence must be sufficient to prosecute the lawsuit, and the following matters must be proved: there is indeed a lease relationship, and the lease relationship has ended, and there are no above matters that need to be compensated to the landlord, and the landlord has indeed seized the evidence.
Legal basis: Article 722 of the Civil Code of the People's Republic of China If the lessee fails to pay or delays the payment of rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.
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1. Negotiate with the landlord to settle the lease if the rental contract expires and the deposit should be refunded;
2. Rent a house through an intermediary and find an intermediary for mediation; or find a neighborhood committee for mediation;
3. Go to court to sue.
1. Is there no due check-out deposit for renting a house?
Under normal circumstances, no, but it is not excluded from the scope of the contract.
If there is a clear provision at the time of signing the contract that the lessee has notified the lessor in advance of the period, it will not be considered a breach of contract, and the lessee has also notified the lessor that he is not renting the lessor's house at the specified period, then the lessor is required to refund the tenant's deposit.
However, if the contract does not stipulate such an interest, the lessor has the right not to refund the deposit if the tenant quits the lease before the contract expires.
2. How to calculate the liquidated damages for renting and checking out.
According to the relevant laws and regulations of our country, in the process of renting a house, when one party in the rental contract violates the terms of the contract agreed in the previous contract, then it is a breach of contract, so the party in breach of contract must pay a certain amount of liquidated damages to the other party according to the agreement in the previous contract to compensate, which is the protection of the breached party. So how should the specific amount of liquidated damages that a party who breaches the rental contract need to pay to the other party should be calculated? First of all, let's take a look at the breaches of contract that we often encounter in the housing lease contract relationship in our lives.
The first is that in a rental relationship, if one party requests to terminate the lease contract signed before with the other party, then the party requesting to terminate the contract needs to notify the other party at least one month in advance according to the provisions of Chinese law. Leaky type.
The second situation is that in a rental contract, the parties to the contractual relationship have clearly agreed on liquidated damages, and the specific amount of liquidated damages should be determined by the two parties in the contractual relationship after negotiation before signing the contract, so if there is a breach of contract, then a certain proportion of the liquidated damages agreed in the previous contract should be paid.
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Summary. Dear, I'm glad to answer for you, the rental contract has not expired, I want to check out, the landlord does not give a refund deposit, pro, if the rental contract does not specify the nature or rules of the deposit, the deposit is treated as a rental advance payment, and it must be returned anyway.
The rental contract has not expired, I want to check out, the landlord does not give a refundable deposit, dear, I am happy to answer for you, the rental contract has not expired, I want to check out, the landlord does not give a refundable deposit, if the lease contract does not have the nature or rules of the deposit, the deposit will be treated as a rental advance payment, and it must be returned anyway.
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. Unless otherwise agreed in the contract, the landlord shall refund the full amount of the rental deposit to the tenant without interest on the day after the tenancy relationship is terminated and the tenant vacates, and all fees payable are cleared and paid. If there is any property loss during the rental period, the deposit should be deducted, and the deposit should be refunded after deducting the property loss.
If there is a loss caused by the investment, the contract shall be refunded when the contract expires or the contract is terminated, and the problem of non-refundable rental deposit can be resolved through negotiation between the two parties.
said that the house was short of air for the remaining two months, and said that it was two landlords.
Dear, you can wait until the contract expires, and the two landlords have a contract that is also valid.
What should I do if I don't pay the rent for these two months?
Rent has to be paid.
Dear, your contract has not expired, and it is not easy to return the deposit.
What are some good countermeasures?
Dear, you can negotiate with the landlord.
What are the good ideas, some suggestions?
Dear, you can tell the landlord that you bought a house, I'm sorry, can you return the deposit to me, so I have to say <>
This doesn't work, and there is more.
Dear, tell him that it is inconvenient for children to study.
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The parties who have signed the rental contract and do not return the deposit without expiration can resolve it through negotiation, mediation, arbitration or litigation. The specific amount, nature and method of return of the deposit shall be agreed upon by the parties. If a dispute arises between the parties over the deposit, they may file a lawsuit with the people's court in accordance with the law.
[Legal basis].Article 119 of the Civil Procedure Law.
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 receiving the lawsuit.
Article 10 of the Civil Code of the People's Republic of China.
The handling of civil disputes shall be in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.
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If the rental contract has not expired and you want to move out, if there are provisions in the contract for the refund of the deposit, then it will be handled according to the contract. If not, you can negotiate with your landlord. It can be made clear that unilateral termination of the contract before the expiration date is a breach of contract, and the company should bear the liability for breach of contract.
According to Article 584 of the Civil Code, if one of the parties fails to perform its contractual obligations or performs its contractual obligations in a non-compliant manner, resulting in losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract. Article 584 of the Civil Code provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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