Ying Ting Information

The parties can resolve disputes through negotiation, application for mediation, litigation, arbitration, etc. Failure to return the deposit is a breach of contract, and generally they will be liable for breach of contract, that is, refunding the deposit paid by the lessee.
1. If the tenant decides to move out after the contract expires, but the landlord refuses to return the deposit, or does not return the deposit for various reasons, the tenant can resolve it through negotiation or litigation.

If the landlord does not return the deposit without any reason, the first method that can be taken is to negotiate. The deposit is usually stipulated in the contract. The landlord's behavior is a breach of contract and can be dealt with in the manner stipulated in the contract.
2. If the negotiation cannot resolve the matter, you can sue for settlement. If the landlord's malicious breach of contract violates the provisions of the Civil Code, you can ask the court to return the deposit or pay liquidated damages in accordance with the contract.

The lawyers of Beijing Yingting Law Firm focus on administrative litigation and rights protection cases of medium and large enterprises, and have boldly explored and summarized a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. They have solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and have won the trust of the majority of business owners.

3. The prosecution must have sufficient evidence, and the matters that must be proved are as follows:
(1) A leasing relationship does exist and the leasing relationship has ended;
(2) There is no need to compensate the landlord for the above matters;
(3) The fact that the landlord does have evidence of seizure is proof of the fact, and the landlord usually retains lease-related information as evidence to support the claim. However, it should be noted that the landlord has the right to deduct the deposit if the following circumstances occur:
The tenant failed to return the rent within the time stipulated in the contract; the tenant failed to submit the rent regularly; the tenant damaged all the landlord's belongings.

Legal basis: Article 470 of the Civil Code of the People's Republic of China. The content of a contract is agreed upon by the parties and generally includes the following clauses:
(1) The name or address of the party concerned;
(2) Target;
(3) Quantity;
(4) Quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;

(7) Liability for breach of contract;
(8) Methods for resolving disputes The parties may conclude a contract by referring to the model texts of various contracts. Article 2 of the Arbitration Law of the People's Republic of China Contract disputes and other property rights disputes between citizens, legal persons and other organizations who are equal subjects may be arbitrated. Article 714 of the Civil Code [Obligation of the lessee to properly keep the leased property] The lessee shall properly keep the leased property. If the leased property is damaged or lost due to poor storage, he shall be liable for compensation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you still want to know more about non-refundable deposits in rental disputes, you can consult a lawyer at Beijing Yuting Law Firm for one-on-one online consultation.