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Paying the deposit, it is equivalent to the fact that the contract has been signed, according to the contract is not refundable, it is recommended to negotiate a settlement, otherwise the deposit may not be returned. Because according to the deposit penalty.
It is stipulated that if the lessor breaches the contract, the lessor may not refund the deposit.
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I rented a house, paid a deposit, didn't sign a contract, and didn't want to rent the next day, can I get a refund?
Paying a deposit is an agreement, not a written contract. There is definitely responsibility. In view of the fact that the next day I was informed that I would not rent it, I could refund part of it.
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If you need to sign a contract, you can return, but there will still be obstacles, if you don't need to sign a contract, it is difficult to return, if you don't return, call the police, both can be refunded.
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The landlord may not refund your deposit. 1 "If the party who pays the deposit fails to perform the agreement, it shall not be entitled to demand the return of the deposit; If the party receiving the deposit fails to perform the agreement, it shall return the deposit twice. 2 You can only negotiate with the landlord whether you can refund part of the deposit.
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If you don't sign a contract, you can negotiate it, explain the reason to the landlord, if the other party is good to talk to, you can still return, of course, if the house is not good to rent out, maybe the landlord will not give it back, and you have no good way. Say something nice.
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This can be negotiated, because you have not signed the contract, and you have paid a deposit, this can be solved directly through communication with the other party, if he does not give you a refund, you can apply to complain to him or let the police help you deal with it.
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Make an agreement, come.
There is a receipt for the deposit, and the landlord is willing to sign the lease agreement within the agreed week, and the landlord violates the agreement of the deposit to rent the house. Therefore, you can ask the landlord to fulfill the agreement or return double the deposit with a deposit receipt.
Note: 1. The amount of the deposit must be within 20% of the amount of the rental contract as a valid deposit agreement.
2. The deposit receipt must clearly state the word "deposit", otherwise the deposit receipt cannot realize the function of the contract legal deposit.
3. If it is a "deposit", you can ask the other party to return the deposit, thinking that the deposit cannot realize the function of the deposit.
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Can I get a refund if I paid a deposit and didn't sign a contract when renting a house?
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This should not be refundable, the deposit is originally a commitment, empathy, if you are the landlord, you will definitely not return.
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Generally, it cannot be refunded, because you have paid the deposit, and the landlord has already booked it for you, if other customers come to rent the house. The landlord will refuse, saying that there is already a rental sale, so it cannot be refunded, and there is a credit problem.
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Deposit copy
The deposit is paid prior to the conclusion of the contract or the performance of the BAI
A certain amount of money as a burden
The guarantee method of guarantee, also known as security deposit.
Article 89 of the Law on the Protection of Employees: The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered.
If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit;If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
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If you don't want to rent without signing a rental contract, the deposit can be refunded. No agreement was signed, but a de facto lease relationship was formed. The tenant should negotiate with the landlord to seek a portion of the money back, and if the landlord does not return it, they can sue the court.
If there is no contract, the collection of such money is not clear, and the property of the test taker is maliciously defrauded in the form of fraud, the case may be reported to the public security organ, and the relevant person involved in the case needs to be punished by the public security administration, and if the circumstances are serious, it may constitute a criminal offense.
What are the precautions for renting a house?
The precautions for renting a house are:
1. The date of rent payment must be clearly written, so as not to cause yourself to breach the contract due to late payment, so as to bear high liquidated damages;
2. The two contracts must be consistent and carefully checked
3. The red seal on the contract is the contract seal;
4. The receipts of the expenses incurred during the rental period must be kept to prevent the landlord from returning the deposit on this ground.
Legal basis: Article 562 of the Civil Code of the People's Republic of China.
The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.
Article 563.
The parties may terminate the contract under any of the following circumstances:
1) The purpose of the contract cannot be achieved due to force majeure;
2) Before the expiration of the performance period, one of the parties clearly states or shows by its own conduct that it will not perform the main debt;
3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;
4) One of the parties delays the performance of the debt or has other breaches of contract, resulting in the inability to achieve the purpose of the contract.
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According to the provisions of the Civil Code of the People's Republic of China, if the lease term is not agreed or the agreement is not clear, the lessee can terminate the housing lease contract at any time, but it is necessary to notify the other party before a reasonable period.
Legal basis] Article 730 of the Civil Code stipulates that if the parties have not agreed on the term of the lease or the agreement is not clear, and it is still uncertain according to the provisions of Article 510 of this Law, it shall be regarded as an indefinite lease; The parties may terminate the contract at any time, provided that they notify the other party within a reasonable period of time.
If you don't sign a contract, you can usually get your deposit back and you can negotiate with the developer to settle it. does not constitute a breach of contract. After paying the deposit for the purchase of the house without signing the contract, it is necessary to determine whether the money can be refunded according to the circumstances
1. If the buyer defaults, the money cannot be refunded;
2. If the developer defaults, the money can be refunded;
3. If the responsibilities of the two parties cannot be attributed, the money can be refunded; The deposit paid by both parties after signing the purchase order is a deposit to ensure the signing of the contract. Article 89 of the Guarantee Law limits that the parties may agree to pay a deposit to the other party as security for the debt. After the debtor performs the debt, the deposit shall be offset against the price or returned.
If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed obligation, it shall return twice the deposit. According to the limitation that "if the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer";
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I paid a deposit for renting a house and didn't sign a contract, and I don't want to do it on the second day, can I get a refund? No, because you have paid a deposit, it means that you have decided to discuss with two more people, if it is good to negotiate, it can be refunded, if it is not negotiable, it cannot be refunded.
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Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.
Hello question, consult the rental problem, last weekend I went to see a house, at the time I thought it was OK, I paid the rental deposit, now I regret it, I don't want to rent, can the deposit be refunded.
If you pay a deposit and don't sign a contract, the deposit cannot be refunded.
Because the deposit is in the nature of a guarantee, the deposit contract takes effect from the date of payment of the deposit. As for whether the main contract subordinate to the deposit contract has been signed, it does not affect the validity of the deposit contract. Questions.
Well, I'm out of the blue.
According to the provisions of Chapter VIII of the Civil Code of the People's Republic of China on liability for breach of contract, the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit.
If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.
Article 586 of the Civil Code of the People's Republic of China [Deposit Guarantee] The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.
That's a lot of questions.
The deposit contract is a practice contract and is formed when the deposit is actually paid. Whether the deposit is refundable needs to be judged in conjunction with the agreement between the parties.
Okay to ask. If you really don't want to rent this apartment now, it is recommended that you negotiate with the other party to see if you can return a part of the deposit to you.
Ask a good question.
Well, I hope my advice helps.
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No, China's Civil Code stipulates that if the party who pays the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit.
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This depends on the negotiation between you and the landlord, if the other party is a good talker, it may return your deposit, if the other party is not good at talking, then there is no way to refund, you may only live in this house, or there is no way to ask for a deposit.
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I paid a deposit for renting a house, I didn't sign a contract, and I didn't want to rent it the next day and wanted to return, to be honest, although I didn't sign a contract, but you paid a deposit, so you can discuss it with the landlord to see how to solve it. Therefore, you must think well and make sure that you are paying for the rent, so as to avoid unnecessary losses and troubles.
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Logically speaking, the deposit cannot be refunded, but you can negotiate with the landlord to resolve it.
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Generally, if the deposit is not refunded, if it is a deposit, it may be refunded to you, depending on what money you paid.
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OK. If you don't sign a contract, you still have room to turn around.
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Legal Analysis: If you pay a deposit at the time of renting a house and do not sign a deposit contract, you can ask for a refund of the deposit on the grounds that you cannot agree on the rental contract.
However, it is not absolutely impossible to get the deposit back, and there is a possibility of getting it back in the following three circumstances: 1. The person who pays the deposit is a person with no civil capacity or a person with limited civil capacity, that is, a person under the age of 18 (those who are over 16 years old and under the age of 18 but take their own labor as their main livelihood are regarded as persons with full civil capacity). 2. The rented house belongs to the house that has not obtained the construction project planning permit or has not been built in accordance with the provisions of the construction project planning permit.
3. The rented house is a temporary building that has been approved or not built in accordance with the approved content. In the latter two cases, even if the lease contract is signed, the contract will be invalid, and the lessor will eventually have to return the deposit, so in these three cases, the deposit can be returned.
Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit;If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
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If you don't want to rent on the second day, you will not be refunded the deposit. Because you paid a deposit, it proves that there was a verbal commitment between you. If you really want to leave, you can negotiate with the landlord.
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The landlord may not refund your deposit.
1 "If the party who pays the deposit fails to perform the agreement, it shall not be entitled to demand the return of the deposit;
If the party receiving the deposit fails to perform the agreement, it shall return the deposit twice. ”
2 You can only negotiate with the landlord whether you can refund part of the deposit.
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This can't be refunded, although the contract is not signed, but you pay a deposit, not a deposit
Deposits are generally non-refundable.
Legal basis] According to Article 115 of the Contract Law, the parties may, in accordance with the Security Law of the People's Republic of China, stipulate that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. >>>More
Of course, it will be accepted, after all, if you use the house, you will naturally have to pay the rent according to the agreement (the standard agreed or paid before).
After paying the deposit and not signing the contract, the developer sold the house to someone else, which is a breach of contract, and you can negotiate to compensate double the deposit, and if the negotiation fails, you can appeal to the relevant departments to protect your legitimate rights and interests. >>>More
Whatever the reason, he shouldn't have let you go early. If there is a contract, he should pay you double the amount to let you go. You don't have a contract, and since you have a receipt, it works. >>>More
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