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What’s the most effective way to deal with the landlord not returning the deposit?

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Article author:Yingting Lawyers Group | Update time:2023-06-30 | Reading times:120

In order to ensure the value of the property in the house and prevent the tenant from not paying the rent in the future, the landlord can require the tenant to pay a deposit before signing a lease contract with the lessor. If the tenant does not violate the relevant regulations during the lease period, the landlord needs to return the deposit after the lease relationship ends. So what is the most effective way to deal with the landlord's non-return of the deposit? Let’s take a look at the legal explanation below.
The most effective way to deal with a landlord's non-refundable deposit is to collect evidence to prove that you can refund the deposit, and then sue, or complain to the consumer association and other departments. But before taking these methods, you can also choose to negotiate with the landlord to return the deposit to the rental house. The tenant can negotiate with the landlord to resolve the issue. If the negotiation fails, they can collect evidence and file a lawsuit in court.
The lawyers of 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.
1. The rental contract is a powerful tool for safeguarding rights. In order to avoid deposit disputes, there is generally a deposit clause in the rental contract.
2. The original receipt for each rent payment proves that you do not owe rent, and you can get the deposit back. Generally speaking, when the landlord pays rent, the bank transfer will keep the bill, or the Alipay transfer will keep the record. If it is cash, the receipt should also be kept.
3. Make a list of the condition of all furniture and electrical appliances and take photos of the current condition when renting the house to prove that you have not damaged the landlord’s furniture and the deposit must be returned.
4. Record phone calls with the intermediary to keep evidence. If the entire rental contract is taken away by the landlord, then call the intermediary to explain that you have paid the rent and deposit, and record it as evidence.
5. If the landlord still refuses to refund the deposit, call 12315 and 96315 to lodge a complaint with the Consumer Association
Legal basis:
Article 577 of the Civil Code: If a party fails to perform its contractual obligations or performs its contractual obligations inconsistently with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Article 579 If one party fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment. If you want to know more about this, you can consult a lawyer at Yingting Law Firm for one-on-one online consultation.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.
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