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What should I do if the deposit will not be refunded and liquidated damages will be charged before the full occupancy of the house is completed?

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Article author:Yingting Lawyers Group | Update time:2023-06-30 | Reading times:283

Under normal circumstances, the deposit is non-refundable, because if you have not full-stayed, checking out during the lease period is naturally a breach of contract, and the deposit is used as compensation. If the lease term has not expired after the lease contract is signed, and the lessor does not return the deposit, the lessee can seek help from the local neighborhood committee or police station to mediate and negotiate together;
If the negotiation cannot reach an agreement, the tenant can record it through evidence such as the transfer process when paying the deposit.
The lawyers of Beijing Yingting Law Firm specialize in legal affairs such as administrative litigation and criminal litigation related to land acquisition and demolition, and have rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases. Sue the court to request the return of the deposit.
If there are other stipulations in the contract and it is clearly stated that if the tenant does not stay full and needs to check out early, and the landlord is informed in advance, part or all of the deposit can be refunded. Legal basis:
Article 578 of the Civil Code: If one party expressly expresses or demonstrates by its own conduct that it will not perform its contractual obligations, the other party may request it to assume liability for breach of contract before the expiration of the performance period. Article 420 of the Civil Code: For the performance of guaranteed debts, if the debtor or a third party provides guaranteed property for claims that will occur continuously within a certain period, and the debtor fails to perform the due debt or the situation agreed by the parties to realize the mortgage rights occurs, the mortgagee has the right to receive priority payment for the guaranteed property within the maximum amount of the claim.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer at Beijing Yingting Law Firm for one-on-one online consultation.
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