Is it illegal for the deposit not to be refunded? The nature of the deposit determines that the deposit needs to be refunded in time, and others will also worry us. At this time, you can seek help from relevant departments. Let's see if it is illegal for the deposit not to be refunded.

Is it illegal for the deposit not to be refunded? 1 The law does not clearly stipulate whether it is illegal for the deposit not to be refunded. The refund of the deposit is generally subject to the contract. The general contract will stipulate whether the deposit can be refunded and how to refund it. If it is agreed that the deposit will not be refunded in case of breach of contract, then it is not illegal not to refund the deposit at this time.

According to Article 577 of the Civil Code implemented by 202 1,

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

Article 585 stipulates that,

The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of breach of contract, and may also agree on the calculation method of the amount of compensation for breach of contract.

? legal ground

Article 577 of the Civil Code

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

Article 585 of the Civil Code

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, and may also agree on the calculation method of the amount of compensation for losses caused by breach of contract.

Is it illegal for the deposit not to be refunded?

1, this is a lease contract dispute; We can negotiate.

2. If the lessee fails to terminate the lease contract or withdraw the lease in advance according to the contract performance period, it is a breach of contract;

3. Whether the deposit can be refunded or not depends on how the lease contract stipulates the liability for breach of contract. If it is agreed that the deposit will not be refunded in case of breach of contract, the landlord has the right not to refund the deposit;

4. If there is no liability for breach of contract in the contract, the deposit shall be refunded;

? What if the rental deposit is not refunded?

1. It depends on the contract you signed with the landlord. It will be more difficult to refund the deposit if the contract clearly stipulates that you can't refund the deposit before the expiration or check out early. Negotiate with the landlord to see how much the three-month deposit can be refunded;

Generally speaking, the rental deposit is the result of negotiation between both parties. The deposit law does not specify its nature. It is a system that people produce to meet the needs of transactions. Generally speaking, it is a material contract, and the actual delivery contract must be rich before it can take effect. This is an anonymous contract.

3. Let the landlord find the tenant who renewed the lease as soon as possible, and let the landlord refund the deposit to you; If the landlord is really in trouble and refuses to give you a discount, you can explain the situation to the neighborhood Committee or the police station, and they will usually come forward to help, because the landlord rents the house to them for the record.

? How to deal with disputes over rental deposit?

The rental deposit is generally agreed by the tenant and the landlord, and the actual deposit will generally not exceed two months. In order to ensure that the house and its household appliances are not illegally resold, tenants generally agree to pay the rental deposit after deducting utilities, and there will be corresponding invoices after receiving the deposit.

Among them, we should find a formal intermediary company, preferably a national chain intermediary company. Unless otherwise agreed in the lease contract, the lessee shall return the deposit in full without interest and settle all the fees payable the day after the lease relationship is terminated and the landlord moves out.

The landlord can deduct the liquidated damages, damages and other related expenses caused by the landlord's violation of the provisions of this contract from the deposit, and the insufficient part of the tenant must make up within 10 days after receiving the landlord's payment notice. If the tenant cannot rent the house normally during the lease period due to the landlord's reasons, the landlord shall immediately return the deposit in full to the tenant without interest, and the tenant has the right to investigate the landlord's liability for breach of contract.

Is it illegal for the deposit not to be refunded? 1. What if the deposit is not refunded after renting a house?

1. If the deposit is not refunded after renting, you can negotiate with the landlord first; If negotiation fails, apply for mediation; If you are dissatisfied with the mediation results, you can bring a lawsuit to the court or directly to the court. As the money to ensure the safety of house leasing, the deposit needs to be refunded after the lease contract expires, otherwise it will constitute a breach of contract.

2. Legal basis: Civil Code of People's Republic of China (PRC).

Article 186 If a party's' breach of contract' damages the other party's personal rights and property rights, the injured party has the right to choose to ask him to bear the liability for breach of contract or tort.

Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.

? Second, what should I do if I don't want a house after paying the deposit?

You don't want the house after paying the deposit, so you can't refund the deposit. If the buyer gives up buying a house for his own reasons, it is an act of not fulfilling the agreed obligations, and the buyer has no right to demand the return of the deposit. According to the law, if the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, so that the purpose of the contract cannot be achieved, it has no right to request the return of the deposit.

If the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt is not in conformity with the agreement, thus the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.

The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid.

Is it illegal for the deposit not to be refunded? 1. What if the rental deposit is not refunded?

In the process of renting a house, most of the deposit is one month's rent, which means that when renting a house for the first time, you have to pay not only one month or several months' rent, but also one more month's rent as a deposit. How much is the deposit for renting a house nationwide? There is no uniform standard for rental deposit, which can generally be negotiated with rental housing.

In the case of renting a house without refunding the deposit, the following measures can be taken:

1. Both parties shall settle it through consultation. Whether the rental deposit can be refunded depends on the nature of the deposit. If it is to keep the goods, it can be returned. If the agreement is liquidated damages, it will not be returned.

2. You can bring a lawsuit to the court. The two sides signed a house lease contract, and with the lease agreement, it is necessary to strictly implement the agreement. For the payment of rent, it is also necessary to implement the contract. If there is no agreement, it can be supplemented through consultation. In addition, if the other party refuses to rent, it is a breach of contract, and you can ask the other party to bear the liquidated damages and compensate the actual losses. If negotiation with the other party fails, you can bring a lawsuit to the court.

? Second, how to deal with the rent deposit dispute?

1. liquidated damages, damages and other related expenses arising from the landlord's violation of this contract. The landlord can deduct the deposit, and the insufficient part of the tenant must make up within 10 days after receiving the landlord's notice of payment.

2. If the tenant cannot rent the property normally due to the landlord's reasons during the lease period, the landlord shall immediately return the deposit in full to the tenant without interest. And the tenant has the right to investigate the landlord's liability for breach of contract.

3. The rental deposit is generally agreed by the tenant and the landlord, and the actual deposit will generally not exceed two months. In order to ensure that the house and its household appliances are not illegally resold, the tenant generally agrees to pay the rental deposit to the landlord after deducting the utilities, and there will be corresponding after receiving the deposit.

4. Among them, to find a formal intermediary company, it is best to find a national chain intermediary company. Unless otherwise agreed in the lease contract, the lessee shall return the deposit in full to the lessee without interest on the day after the lease relationship is terminated and the landlord moves out, counts and pays off the payable expenses.

Deposit is a common concept in house leasing. It is generally believed that the nature of the deposit is a kind of guarantee, which is a guarantee for the items in the house and the house itself. Once the lessee damages the house or the articles in the house, the lessor requires the lessee to bear the liability for compensation. At this time, the lessor has the right to get compensation from the deposit first. If the deposit is insufficient, the lessor still has the right to ask the lessee to make up for it.