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Collect evidence and ask for the deposit back.
The rental deposit is a way for the landlord and the tenant to negotiate and implement a deposit of one month to protect the landlord's housing facilities from damage. On the day after the tenancy is terminated and the landlord vacates, settles and pays all fees due, the landlord shall refund the full amount of the deposit to the tenant without interest. If the rental deposit is not refundable, the tenant can negotiate with the landlord to settle the matter, and if the negotiation fails, he can collect evidence and file a lawsuit with the court.
1. The rental contract is a powerful tool for rights protection. In order to avoid disputes over the deposit, there is usually a deposit clause in the rental contract.
2. The original receipt of each rent payment proves that you have no rent arrears, and you can ask for the deposit back. This is generally when paying rent to the landlord, keep the bill for bank transfer, or keep a record when Alipay transfers, and keep a receipt if it is given cash.
3. Make a list of the condition of all furniture and electrical appliances, and save the current situation when renting the house in the form of photos, prove that you have not damaged the landlord's furniture, and ask for the deposit back.
4. Recordings of calls with intermediaries are kept as evidence. If you are like Xiaomei, even the rental contract has been snatched away by the landlord, then give the agent a **, lead to the situation that you have paid the rent and deposit, and record the certificate.
5. The landlord will not return the deposit, and call ** to the Consumer Association for consultation and complaints.
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Legally speaking, what you are talking about is a contract dispute, which is resolved by negotiation or litigation between the two parties in accordance with the contract.
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If the intermediary does not give a refund, if the evidence is conclusive, it can be reported to the local market supervision department, and it can also be sued to protect its rights in accordance with the law.
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The intermediary does not pay the fee refund, which is a civil dispute, does not bear criminal responsibility, and if the negotiation fails, collect evidence and file a lawsuit in the court for resolution.
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You can go to the market supervision authority to complain, that is, the consumer protection association complains**.
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If there is a contract, please refer to the contract to see which party is responsible, if you are right, you can go through legal procedures to solve it, or you can complain to the business department.
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If the intermediary does not complain to the housing management department, industrial and commercial bureau or industrial and commercial office where the intermediary company is located, the industrial and commercial bureau shall coordinate and notify the result within 7 working days; If the dispute cannot be resolved through complaint negotiation, the arbitration institution may conduct arbitration as a third party, and if the dispute is not satisfied with the arbitration result, it may directly file a lawsuit with the people's court of the jurisdiction.
1. How to return the invalid deposit of the intermediary contract:
1. If the contract is invalid, the buyer is not at fault, and the seller is at fault, the seller shall return the property (including the deposit collected) to the buyer and shall compensate the buyer for the losses suffered thereby.
2. The deposit shall not exceed 20% of the subject matter of the main contract;
3. If the party who pays 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.
4. If the contract is invalid due to the seller's fraud or other reasons, and the deposit agreed in the sales contract is not enough to make up for the losses caused by the breach of contract by one party, and the other party requests compensation for the losses in excess of the deposit, the people's court may impose a concurrent punishment, but the sum of the deposit and the compensation for losses shall not be higher than the losses caused by the breach of contract.
2. Workers can ask for wages in the following ways:
1.Lodge a complaint with the Labour Inspectorate. If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, the worker may file a complaint with the labor administrative department, which shall handle the matter in accordance with law.
2.Labor arbitration. In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, or if they are unwilling to mediate, fail to mediate, or fail to perform after reaching a mediation agreement, they may apply to the labor dispute arbitration commission for arbitration; If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
3.Filing a lawsuit in court. If the worker has an IOU, he or she may file a civil lawsuit with the court with his ID card, household registration booklet, IOU, complaint and a copy thereof, and the court orders the employer to pay the arrears, but the employer still fails to pay, the worker may apply to the court for compulsory enforcement within two years after the expiration of the time limit specified in the judgment.
4.If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Legal basis
Article 962 of the Civil Code of the People's Republic of China:
The intermediary shall truthfully report to the client on matters related to the conclusion of the contract. Where an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information, harming the interests of the client, it shall not request payment of remuneration and shall bear the responsibility for compensation.
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Summary. Negotiate with the intermediary first, and if the negotiation fails, collect evidence and sue the court for resolution. The non-payment of the intermediary fee is a civil dispute and does not bear criminal liability.
If the intermediary fails to facilitate the conclusion of the contract, it shall not request payment of remuneration; However, the client may be requested to pay the necessary expenses incurred for engaging in intermediary activities in accordance with the agreement.
Hello, I have seen your question and am sorting out the answer, please wait for a while Negotiate with the intermediary first, if the negotiation fails, collect evidence and go to the court to sue for resolution. The non-payment of the intermediary fee is a civil dispute and does not bear criminal liability. If the intermediary fails to facilitate the establishment of the contract bureau, it shall not request payment of remuneration; However, the client may be requested to pay the necessary expenses incurred in carrying out the intermediary activities in accordance with the agreement.
I hope I can help you, if you are satisfied with my service this time, please give me a thumbs up! Have a great day!
I can't negotiate, I can't get in touch directly.
If the negotiation fails, collect evidence and file a lawsuit in the court for resolution.
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Legal analysis: the intermediary does not return the deposit can go to the industrial and commercial bureau or industrial and commercial office where the intermediary company is located to complain, and the industrial and commercial bureau should coordinate and notify the result within 7 working days.
Legal basis: Article 403 of the Civil Code, where movable property is mortgaged, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.
Article 577 of the Civil Code stipulates that 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 704 of the Civil Code stipulates that the content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of the leased object, maintenance of the leased object, etc.
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