What is the role of the rental deposit, what is the role of the rental deposit

The role of the deposit is to protect the relevant rights and interests of the owner of the house; At the same time, it is used to compensate the owner of the house for losses caused by the violation of the lease contract.

Whether the deposit in the housing lease contract is agreed and the agreed amount shall be determined through negotiation between the parties to the contract.

Legal basis: Article 213 of the Contract Law stipulates that the content of the lease contract includes the name, quantity, use, lease term, rent and payment period and method of the leased object, maintenance of the leased object, etc.

Legal Analysis: The role of the security deposit is to protect the interests of the tenant. In order to avoid disputes arising from rental deposits, both parties generally include a rental deposit in the rental contract.

The rental deposit is generally agreed between the landlord and the tenant, and the actual deposit is generally not more than two months; In order to ensure that the house and its appliances are not illegally resold and the utility bills are deducted, the tenant generally agrees to pay the landlord a rental deposit, which will be recorded accordingly after receiving the deposit.

Legal basis: Article 586 of the Civil Code of the People's Republic of China 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.

In order to avoid disputes arising from rental deposits, both parties will generally include a rental deposit in the rental contract, and the following is a detailed description of the rental deposit:

1. The rental deposit is generally agreed between the landlord and the tenant, and the actual deposit will generally not exceed two months.

2. In order to ensure that the house and its household appliances are not illegally resold, and the deduction of water and electricity bills, the tenant generally agrees to pay the landlord a rental deposit, and there will be a corresponding after receiving the deposit.

3. Unless otherwise agreed in the rental contract, the tenant shall return the full amount of the deposit to the tenant without interest on the day after the lease relationship is terminated and the landlord vacates, counts and pays the fees payable.

4. If the tenant is unable to rent the property normally during the lease period due to the landlord's reasons, the landlord shall immediately return the deposit to the tenant in full and without interest, and the tenant has the right to pursue the landlord's liability for breach of contract.

5. The deposit of renting a house is generally only a function of protecting the rights and interests of the landlord, for example, if there are household appliances and furniture in his house, he is afraid of being moved, or the tenant breaks the contract before the contract expires, etc., and the deposit cannot be used to offset the water and electricity bills before the contract expires, and the landlord should return the deposit when the contract expires if the tenant does not rent the house.

Under what circumstances the deposit can be refunded in full.

1. 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 will not support the party's claim for the right to the deposit.

3. Unless otherwise agreed in the contract, the landlord shall return 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 loss during the rental period, the deposit can be deducted accordingly, and the deposit should be refunded after deducting the property loss.

5. In the absence of a clear agreement on the 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 the loss is not caused, it 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.

8. 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.

9. Where a party pays a lien, a guarantee, a guarantee, a contract, a deposit, or a deposit, but does not agree on the nature of the deposit, the people's court will not support the party's claim for the right to the deposit.

10. 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.

The legal function of paying the rental deposit is to ensure that your behavior will not cause damage to the interests of the taxpayer, and if the damage is caused, you can pay this fee according to the truth or compensate separately. After the legal relationship between the parties does not exist and there are no other disputes, the deposit shall be refunded, but will be deducted in the event of a breach.

Legal basis

Article 403 of the Civil Code.

If the mortgage is made on movable property, 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 420 Finch.

If, in order to guarantee the performance of the obligation, the debtor or a third party provides security property for the creditor's rights that will continue to occur within a certain period of time, and the debtor fails to perform the due debts or the parties agree to realize the mortgage rights by omission, the mortgagee shall have the right to be repaid in priority for the secured property within the maximum amount of the creditor's rights.

Article 578.

If one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.