2021 Civil Code Decoration Deposit Refund Process

Generally, it is returned after passing the decoration acceptance.

Some companies will have two acceptances, the initial inspection is normal, there is no illegal decoration, and there is no neighborhood dispute caused by decoration, and the deposit will be refunded. If there is a problem, a second acceptance will be carried out.

Look at the agreement of the renovation agreement.

Some companies also agree that the decoration acceptance must be moved in for a period of time. (Some are harsh, and there are too many harmful gases such as formaldehyde in the room after decoration, which is not good for the body).

Generally, it must be returned within 3 months after passing the acceptance.

You can also refer to the same type of property in the same area.

Go to the property center to tell the relevant personnel that the house has been renovated, and ask them to make an appointment for door-to-door acceptance;

If the first inspection is unqualified, then the unqualified area needs to be rectified; If the first inspection is qualified, after three months from the date of the first inspection, the owner needs to apply for the second acceptance at the property center;

If the second acceptance is unqualified, it needs to continue to be rectified; If the second acceptance is qualified, then the owner needs to bring the original ID card. The original receipt of the renovation deposit issued by the property management company, after the payment of the property fee, the two parties can agree on a reasonable refund time.

1. If you decorate your own house in the community, the property will require you to pay a decoration deposit.

2. Article 53 of the "Property Management Regulations" If the owner needs to decorate and decorate the house, he shall inform the property management service company in advance. The property service company shall inform the owner of the prohibited practices and precautions in the decoration and decoration of the house.

3. The owner's renovation of the house may affect the downstairs or left and right residents, and there may also be illegal decoration practices, and paying a deposit is more conducive to management.

4. After the renovation is completed, the owner can get back all the deposit after the relevant owner signs and certifies.

When the owner is decorating, he must pay a deposit to the property, and after the owner finishes the decoration, the property will be accepted, and after the acceptance is passed, the property will return the deposit to the owner.

If it is determined that the deposit can be refunded, apply for a refund directly to the decorator and negotiate with the decorator on the method of deposit refund.

If there is an agreement, it will be returned directly.

The renovation deposit refund process is as follows:

Go to the property center to tell the relevant personnel that the house has been renovated, and ask them to make an appointment for door-to-door acceptance;

If the first inspection is unqualified, then the unqualified area needs to be rectified; If the first inspection is qualified, after three months from the date of the first inspection, the owner needs to apply for the second acceptance at the property center;

Renovation deposit 2021 new regulations, the owner of the renovation is charged a deposit. Its purpose is to prevent the renovation construction team from violating the rules and causing damage to others or the public interest.

The provisions of the Civil Code on the return of deposits.

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Consultation. Unless otherwise agreed in the contract, the landlord shall return the tenant upon termination of the tenancy relationship. If the nature or rules of the deposit are not specified in the rental 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. 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 dues are cleared and paid.

1. The process of returning the deposit is as follows:

1. The owner calls the management office to make an appointment for housing acceptance.

2. Housing acceptance (the owner needs to bring the "Decoration Application Form", decoration permit, and owner's ID card).

3. After the acceptance is completed, the owner will sign at the property decoration procedures.

4. One month after passing the acceptance, the owner will refund the decoration deposit with his ID card, decoration application form, decoration permit and deposit bill.

2. The conditions for returning the deposit are:

1. 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 filed with the court.

2. 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 it must be returned to the liquid file anyway.

3. 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 shall not support the party's claim for the right to the deposit.

4. 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 lease relationship is terminated and the tenant vacates, and all fees payable are cleared and paid.

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 who destroyed the debt in order to guarantee the performance of the debt, the debtor fails to perform the due debt or the creditor has the right to realize the mortgage 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.

After the renovation is completed, take the deposit slip to the property service center and ask for a refund of the decoration deposit.

1. Go to the property center to inform the house that the house has been renovated, and make an appointment to come to the door for acceptance.

2. Article 53 of the "Property Management Regulations" If the owner needs to decorate and decorate the house, he should inform the property management service company in advance. The property service hole burial company shall inform the owner of the prohibited practices and precautions in the decoration of the house.

3. The owner's renovation of the house may affect the downstairs or left and right residents, and there may also be illegal decoration practices, and paying a deposit is conducive to management.

Before you get the key to the new house, you need to pay a decoration deposit, the main reason for the property to charge this fee is to avoid the owner of illegal decoration, after the owner finishes the decoration, you can return the decoration deposit. Regarding the decoration deposit, let's take a look at the 2021 Civil Code decoration deposit charging standards, and whether it is legal to collect deposits for decoration properties!

2021 Civil Code Decoration Deposit Fee Standard

When the owner is decorating, if the property management company decides to collect the decoration deposit without authorization, it is unreasonable to collect the decoration deposit before entering the decoration room. However, if it is a decision approved by the majority of the owners' meeting, or if the property management contract signed between the property management company and the property committee of your community stipulates that the property management company can collect a decoration deposit, it is reasonable to collect the decoration deposit before entering the decoration company.

The property management company is a service enterprise, it is an equal subject relationship with the owner, it accepts the entrustment of the owner, in accordance with the provisions of relevant laws and regulations or the agreement of the contract, to carry out professional management of the property in a specific area and obtain the corresponding remuneration. The property management company does not have the right to unilaterally determine the rules and regulations of property management.

The decoration deposit fee standard is generally between 2000-3000 yuan, and the specific need to refer to the local fees. The decoration deposit refers to the deposit of the property management company to the owner or tenant, in order to prevent damage to others and the public interest or illegal operation during the renovation, the purpose is to supervise the standard construction behavior of the decoration company. It can be deducted from the deposit to compensate the party who suffered losses as a result of the renovation.

Is it legal to take a deposit for renovating a property

The state does not clearly stipulate this, but considering that some owners do not act according to the requirements when decorating, causing damage to the public interest of the community, it is reasonable for the property management company to charge a certain decoration deposit, which can remind the owners to decorate according to the regulations. Since the deposit is refundable, there is no damage to the owner who renovates as required. If the owner and the property management company stipulate in the property management contract that the owner will pay the renovation management fee, then the owner must pay the management fee according to the contract; If there is no such agreement between the parties, then the property management company cannot charge the owner a renovation management fee.

The 2021 Civil Code decoration deposit charging standard, is it legal to collect deposits for decoration properties, all the contents, will be introduced to you here.

The collection of decoration deposits in the Civil Code is illegal for the following reasons:

1. There is no mandatory provision, and the property has no right to charge if the owner is unwilling. However, the two parties can find a balance through negotiation and sign an agreement that both parties are willing to perform;

2. Those property management companies that pay a deposit to issue an admission card to the decoration company violate the principle of free consumption by the owner as a consumer, which is a violation;

3. In addition, according to the regulations, the formulation and adjustment of the first department is the responsibility of the competent department, and other departments have no right to make provisions on this without authorization.

4. What is established between the property management company and the buyer is a legal relationship of property services, and the property company provides property services, and the buyer's entry into the house cannot be restricted because of the failure to pay the decoration guarantee. The property company does not charge a security deposit for renovationsLegal basis, the owner can refuse to pay.

Legal basisArticle 40 of the Property Management Regulations.

Property service charges should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owner and property service enterprises in accordance with the ***** competent department in conjunction with the construction administrative department to develop the property service charge method, in the property service contract cover carefully agreed.