Legal information

If the deposit is not returned after renting the house, you can negotiate with the landlord first; if the negotiation fails, you can apply for mediation; if you are not satisfied with the mediation result, you can directly file a lawsuit with the court. The deposit is used as an amount to ensure the safety of the house rental. After the lease contract expires, the deposit also needs to be returned, otherwise it will constitute a breach of contract.
There are two situations in which the landlord does not return the rent and deposit:
1. When signing a lease contract, the content of the contract shall prevail;
2. If the contract is not signed or the contract does not provide for it, under normal circumstances, it will be handled according to the market default principle.

Beijing Yuting Law Firm specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition. It has 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. If the nature or rules of the deposit are not specified in the rental contract, the deposit will be treated as a rental prepayment and will be refunded in any case
2. If there is any property loss during the rental period, the deposit can be deducted accordingly. The deposit should be returned after deducting the property loss.
3. When the contract expires or is terminated, it shall be returned if no loss is caused.

4. The issue of non-return of the rent deposit can be resolved through negotiation between the two parties. If the negotiation fails, evidence can be collected and the lawsuit can be filed in court. Legal basis: Article 186 of the Civil Code of the People's Republic of China. If the personal rights and property rights of the other party are damaged due to the breach of contract by one party, the injured party has the right to choose to request that it bear liability for breach of contract or liability for tort.

Article 233: If property rights are infringed, the obligee may resolve the matter through reconciliation, mediation, arbitration, litigation, etc. According to Article 218 of the Contract Law: If the lessee uses the leased object in accordance with the agreed method or the nature of the leased object, resulting in loss of the leased object, he shall not be liable for damages. If you want to know more about this, you can consult a lawyer on this site 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.