In order to ensure the value of the property in the house and prevent the tenant from not paying the rent later, the landlord may 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, the landlord needs to return the deposit after the lease relationship ends. If the landlord does not return the deposit, what is the most effective way to handle it? Let’s learn more about it together with Fa Lin’s explanation. Of course, you can also initiate it directly on this site.
Free consultation, lawyer consultation is free 24 hours online to serve you. Lawyer Ying Ting specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and has extensive 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. The most effective way to deal with the landlord's refusal to refund the deposit is to collect evidence to prove that the deposit can be returned, 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 house to recover the deposit. The solutions to the landlord's refusal to refund the deposit are as follows:
If the rental deposit is not refundable, the tenant can negotiate with the landlord to resolve the issue. If the negotiation fails, the tenant can collect evidence and file a lawsuit in court.
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. This is usually when you pay the rent to the landlord. A note is left when transferring money from the bank, or there is a record of the transfer via Alipay. If you pay the rent in cash, you must also leave a receipt.
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 consult the Consumer Association for legal basis for complaint:
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. 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 lawyer Ying Ting for one-on-one online consultation.
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