How to deal with the landlord s non refundable deposit is the most effective

Legal Analysis: 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 all furniture and electrical appliances. and save the current situation when renting a house in the form of a photograph, 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 even the rental contract is snatched away by the landlord like Xiaomei, then give the agent a **, lead to the situation that he has paid the rent and deposit, and record the certificate;

5. If the landlord does not return the deposit, call ** to 12315 and 96315 Consumer Association for consultation and complaint;

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

Article 703 A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 704 The contents of the lease contract generally include the name, quantity, purpose, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

Article 705: The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid. Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

l. 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 shall be returned in any case.

2. 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.

3. 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.

4. If there is property damage during the rental period, the deposit should be deducted, and the deposit should be refunded after deducting the property loss.

5. In the case of a clearly agreed nature of the deposit, the role of the deposit is to set up a guarantee for the house and the property in the house, and if the property loss of the lessor's house and indoor facilities is caused during the lease period, it will be deducted from the deposit.

6. If there is a loss caused by the investment, the contract shall be refunded when the contract expires or the contract is terminated.

7. 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 sued to the court.

Legal analysis: The handling methods for the landlord who does not return the deposit are: 1. Try to negotiate with the landlord first; 2. If the two parties fail to reach an agreement through negotiation, they can be handled in the manner agreed in the contract, because the deposit is generally agreed in the contract, and the landlord's non-return of the deposit is a breach of contract; 3. Sue the court, if the above methods do not work, then sue the court to ask the landlord to return the deposit, and at the same time require him to pay liquidated damages in accordance with the contract.

Legal basis: Article 119 of the Civil Code of the People's Republic of China A contract established in accordance with law shall be legally binding on the parties.

Legal analysisNon-refundable rental deposits are serious offenses. If the landlord does not return the deposit without reason, the first way that comes to mind is, of course, negotiation. Tell the landlord that the return of the deposit is a contractual agreement, and that the landlord should deal with the problem in the manner agreed in the contract, and that failure to return the deposit is a breach of the contract.

There are some mediation agencies and the corresponding regulatory authorities, the housing authority, can mediate, and the tenant can choose to go to the corresponding department to complain. For example, you can ask the local neighborhood committee or police station to mediate, or you can contact the district housing and construction committee, the district housing management bureau, the mayor's mailbox, the consumer association, the industrial and commercial department and other channels to protect your rights. In addition, the parties can also file a lawsuit with the court for settlement.

If the landlord violates the provisions of the Contract Law in bad faith, a lawsuit to the court can not only require the landlord to return the deposit, but also require the landlord to pay liquidated damages in accordance with the contract.

Legal basisArticle 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.