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The most effective way to keep a non-refundable depositIf the landlord does not return the deposit, he can report to the police, or he can complain to the housing management office, or he can apply for arbitration, and if he can't do so, he can sue the court.
The landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit will generally be agreed in the contract, and the landlord's behavior is a breach of the contract and can be dealt with in the way agreed in the contract. Of course, when encountering this kind of thing, negotiation generally cannot solve the problem, and most of them will go to the step of suing, and suing the court can not only ask for the return of the deposit, but also require it to pay liquidated damages in accordance with the contract.
Avoid rental deposit disputes1. The details of the rental contract should be clearly written.
2. In order to avoid disputes, the deposit terms should be detailed.
3. If there is no damage to the housing facilities, the deposit should be refunded in full.
It is illegal to pay a non-refundable rental deposit. This is a lease contract dispute and can be negotiated. If the lessee fails to terminate the lease contract early within the time limit for the performance of the contract, it is a breach of contract.
Whether the deposit is refundable and how it should be refunded depends on how the liability for breach of contract is stipulated in the tenancy contract, and if it is agreed that the deposit will not be refunded, the landlord has the right not to return the deposit. If there is no liability for breach of contract in the contract, the deposit shall be refunded.
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The deposit is not refundable, and the parties can negotiate. The specific ways that the non-refundable deposit can be taken are as follows:
1. The two parties negotiate and settle. 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. You can go to the court to sue. 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.
Measures for the Administration of Urban Housing Leases
Article 9. For housing lease, the parties shall sign a written lease contract, and the lease contract shall have the following clauses:
1) The names and addresses of the parties;
2) The location, area, decoration and facilities of the house;
3) Lease purposes;
4) the term of the lease;
5) Rent and method of payment;
6) Responsibility for house repairs;
7) the agreement to sublease;
8) the conditions for changing and terminating the contract;
9) Liability for breach of contract;
10) Other terms agreed upon by the parties.
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Legal analysis: The methods that can be taken for non-refundable deposits: 1. Negotiate to require the other party to return the deposit; 2. If the other party still refuses to return it after negotiation, it can file a lawsuit with the court, and the court will hear and make a judgment.
Legal basis: "Measures for the Administration of Urban Housing Leasing" Article 9 For housing leasing, the parties shall sign a written lease contract, and the lease contract shall have the following terms:
1) The names and addresses of the parties;
2) The location, area, decoration and facilities of the house;
3) Lease purposes;
4) the term of the lease;
5) Rent and method of payment;
6) Responsibility for house repairs;
7) the agreement to sublease;
8) the conditions for changing and terminating the contract;
9) Liability for breach of contract;
10) Other terms agreed upon by the parties.
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1. What is the most effective way to deal with the non-refundable deposit?
1. The non-refundable deposit is handled as follows:
1) The rental deposit is non-refundable, and the tenant can negotiate with the landlord to settle it;
2) If the negotiation fails, evidence can be collected and filed with the court.
2. Legal basis: Article 243 of the Civil Procedure Law of the People's Republic of China.
The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.
The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.
Article 248.
If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, he shall report the current and the property situation in the year prior to the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.
2. Can I report to the police in case of rental disputes?
Rental disputes in life, rental disputes are civil disputes and are not suitable for the police. However, if there is a physical altercation between the tenants, they can call the police. In the event of a rental dispute, it is best to negotiate with the landlord to resolve it, and if the negotiation fails, you can apply for arbitration or legal proceedings to protect your legitimate rights and interests.
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Summary. Hello <>
According to the relevant law, a security deposit is a fee charged by the landlord during the rental period, which is usually used to ensure that the tenant can return the property on time and keep the property in good condition at the end of the lease period, and if the requirements are met, the deposit should be returned in full at the end of the rental period. However, there are some cases where the landlord may be able to keep some or all of the deposit, such as if the tenant does not return the property on time or the property is damaged. If you want to make sure your deposit is non-refundable, you can negotiate with your landlord and sign a mutually agreeable agreement before signing the lease agreement.
The most effective way to keep a non-refundable deposit
Hello <>
According to the law, a security deposit is a fee charged by the landlord during the rental period, usually to ensure that the tenant can return the property on time and in good condition at the end of the tenancy period, and if the requirements are met, the deposit should be returned in full at the end of the rental period. However, there are some cases where the landlord can keep some or all of the deposit, such as when the tenant does not return the property on time or if the house is damaged and the house is damaged. If you want to make sure your deposit is non-refundable, you can negotiate with your landlord and sign a mutually agreeable agreement before signing the lease agreement.
In the process of negotiation with the landlord, you can formulate a specific agreement for the non-refundable deposit, including housing maintenance, lease default, etc. At the same time, both the landlord and the tenant should write down the relevant terms and conditions when signing the contract, and keep evidence to effectively resolve the dispute in case of accidents. Although it is possible to sign an agreement, it is recommended that you should avoid this method as much as possible, and that you should abide by the rules that you should abide by as a qualified tenant as a reasonable maintenance of the poor house and return it on time.
Dear, is there anything else you don't understand? You can tell me more about your situation, and I can answer it for you.
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Summary. Hello, dear. First of all, the landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit will generally be stipulated in the contract, and the landlord's behavior is a breach of the contract and can be handled in the way agreed in the contract.
If the negotiation cannot solve the problem in this case, the corresponding materials should be prepared and filed a lawsuit with the court, and the landlord's malicious breach of contract violates the provisions of the contract law, and he can not only ask for the return of the deposit, but also require him to pay liquidated damages in accordance with the contract. Secondly, the prosecution must be sufficiently evidenced, and the following matters must be proved: there is indeed a tenancy relationship and the tenancy relationship has ended, there are no above matters that require compensation to the landlord, and the landlord does have the facts of the act of seizing the evidence.
In order to prove the facts, the relevant information and usage of the rental house should be retained as evidence to support the claim.
Hello, dear. First of all, the landlord can take the form of negotiation and litigation if the landlord does not return the deposit without reason, and the deposit will generally be stipulated in the contract, and the landlord's behavior is a breach of the contract, which can be handled in accordance with the contract. If the negotiation cannot solve the problem in this case, the corresponding materials should be prepared and filed a lawsuit with the court, and the landlord's malicious breach of contract violates the provisions of the contract law, and he can not only ask for the return of the deposit, but also require him to pay liquidated damages in accordance with the contract.
Secondly, the prosecution must be based on sufficient evidence, and the following matters must be proved: there is indeed a tenancy relationship and the tenancy relationship has ended, there are no above matters that need to compensate the landlord for repentance, and the landlord has indeed sold the evidence of seizure. In order to prove the facts, the relevant information and usage of the rental house should be retained as evidence to support the claim.
It's that I don't want to rent anymore, a three-year contract, a one-year lease, I don't want to renew the lease, she doesn't return the deposit, and on the issue of whether it is reasonable for the landlord not to refund the rent, it is necessary to distinguish the specific situation and discuss it. According to the relevant provisions of China's Contract Law, if the lessee violates the agreement of the lease Heling Chain, if the tenant fails to surrender the lease at the time agreed in the contract, fails to pay the rent, or damages the house or items, he has no right to claim the refund of the deposit, and the landlord has the right to deduct the deposit as compensation for losses. Conversely, if the tenant has not breached the contract, the landlord has no valid reason to deduct the deposit and the deposit should be refunded.
Dear, this depends on whether you have defaulted.
Hello, dear, I am happy to answer for you: the most effective way for the landlord to deal with the non-refundable deposit is to collect evidence to prove that his deposit can be refunded and then sue, or you can also complain to the consumer association and other departments. However, before taking these options, you can also choose to negotiate with the property to get the deposit back. >>>More
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