What should I do if the other party fails to perform the contract and will not return the deposit an

A lawsuit can be filed in court. Prepare a complaint, a copy of the contract, evidence of the other party's collection of rent or deposit.

If the negotiation fails, the lease contract and other relevant evidence can be prepared to go to the court for prosecution.

Prepare the following materials for prosecution:

1. The complaint, figure out the basic registration information of the other party (the name, address, legal representative, **, etc.), you can write it yourself or find a lawyer**; and make copies according to the number of opposing parties;

2. Prepare evidence, the original and a copy of your ID card, all the evidence and copies in your favor in the dispute with the other party, and other evidence and witness lists that may be helpful to you.

3. Bring the legal fee; Go to the court to file a case.

Article 109:A complaint shall be submitted to the people's court for prosecution, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Article 110:The complaint shall indicate the following matters:

1) The names, genders, ages, ethnicities, occupations, work units, and domiciles of the parties, the names and residences of legal persons or other organizations, and the names and positions of the legally-designated representatives or principal responsible persons;

2) The litigation claim and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

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.

Legal basis: Civil Code of the People's Republic of China

Article 700 If the lease period is more than six months, it shall be in writing. If the parties do not adopt a written form and cannot confirm Article 707 If the lease term is more than six months, it shall be in written form. 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.

If the lease term is fixed, it shall be regarded as an indefinite lease.

Article 710 The lessee shall not be liable for compensation if the leased property is used in accordance with the agreed method or according to the nature of the leased property, resulting in the loss of the leased property.

Article 715 The lessee may, with the consent of the lessor, make improvements to the leased property or add other things. 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.

If the contract does not indicate that the deposit is not refundable, whether the tenant can not refund the deposit in breach of contract depends on the circumstances.

Legal analysisThere are several situations in which the tenant can not return the deposit if the tenant breaches the contract: 1. If the contract clearly stipulates that the tenant can notify the landlord half a month in advance to terminate the contract, then it is not considered a breach of contract; 2. The deposit is generally to prevent damage to the house, and the water and electricity bills are not paid, and it is illegal for the landlord to withhold the deposit; 3. If there is no such agreement in the contract, the contract will be terminated in advance, and the deposit will not be refunded as liquidated damages. In the housing lease contract, if the contract is terminated, whether the deposit will be refunded or not needs to be analyzed according to the following circumstances:

First, the lessee and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be subject to the agreement between the two parties; Second, if the lessor breaches the contract, the lessee requests to terminate the contract, the deposit needs to be returned, and the lessor bears the liability for breach of contract; Third, if the lessee breaches the contract, causing the lessor to request to terminate the contract, the lessee bears the liability for breach of contract and the deposit needs to be returned; Fourth, if the contract cannot be continued due to the termination of the contract or force majeure, it shall be handled in accordance with the contract. The security deposit is a commonly used concept in the lease of the house, I think, the nature of the deposit is a guarantee, is the security of the contents of the house, and the house itself, once the tenant has damage to the house or the items in the house, the lessor requires the lessee to bear the responsibility of compensation, at this time the lessor has the right to obtain compensation from the deposit first, if the deposit is insufficient compensation, the lessor still has the right to ask the lease to make up.

Legal basisCivil Code of the People's Republic of China

Article 470:The content of the contract is agreed upon by the parties, and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution. The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 186:Where the personal rights and interests or property rights and interests of the other party are harmed due to a party's breach of contract, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

The deposit cannot be regarded as liquidated damages, the landlord has no right not to refund the deposit, and there is no natural refund in the contract, which can be negotiated.

1. Deposit, is a commonly used concept in housing leasing, I think, the nature of the deposit is a guarantee, is the property of the house, as well as the house itself, once the tenant has damage to the house or the items in the house, the lessor requires the lessee to bear the responsibility of compensation, at this time the lessor has the right to obtain compensation from the deposit priority, if the deposit is insufficient compensation, the lessor still has the right to ask the lease to make up.

2. Liquidated damages is one of the ways to bear the liability for breach of contract, the liability for breach of contract is varied, and is not limited to a kind of liquidated damages, in the civil law, it is generally considered that liquidated damages are a compensatory nature, it is not punitive, that is, how much loss caused by the breach of contract will bear the amount of liquidated damages, the parties can agree on liquidated damages in the contract, or not, if the parties do not agree on liquidated damages in the contract, then, the size of the liability for breach of contract should be subject to the actual loss. If the parties have agreed on liquidated damages, but the agreement is too high or too low relative to the actual loss, they can request the court to adjust it.

You can not return it, and if the tenant breaches the contract, you can ask him to compensate for liquidated damages. You have to distinguish between a deposit and a liquidated damages. Because he breached the contract first, you did not return the deposit later, and you should claim compensation for more than the deposit.

This will guarantee your deposit. However, under normal circumstances, it is resolved through negotiation, and harmony makes money.