Legal information

Generally speaking, the landlord will charge a certain amount of money as a deposit when renting a house. When you check out, if the house and internal facilities are not damaged, the deposit should be returned. So what about 12315 complaints against the landlord for not refunding the rent? What’s the most effective way to deal with the landlord not returning the deposit? Let’s take a look at it with the editor of Yingting Law Firm.

12315 Complaint that the landlord does not refund the rent. If you only return the deposit in advance and there are no other disputes, the landlord will not refund the deposit. First explain the legal basis to the landlord and negotiate to resolve the issue. If the landlord still does not refund the rent, you can apply for litigation to resolve the dispute. The landlord's failure to refund the rent is a civil dispute. Generally, civil disputes need to be negotiated first. Negotiations fail.

Yingting Law Firm focuses on administrative litigation rights protection cases for medium and large enterprises, and has boldly explored and summarized a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. It has solved government-enterprise dispute problems for many medium-sized and large enterprises, successfully achieved the increase in the benefits due to administrative counterparts in accordance with the law, and has won the trust of the majority of business owners.

As for prosecution, 12315 handles disputes involving consumers being deceived. If the landlord deceives the tenant and violates relevant laws, 12315 will punish the landlord. If the landlord is not afraid of complaints and will not cancel the rent, then sue.
To file a lawsuit in court, you need proof of the plaintiff's identity, a complaint, and payment of the case acceptance fee in advance. Article 119 of the Civil Procedure Law requires that a lawsuit must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It is within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit. What is the most effective way to deal with the landlord's failure to return the deposit?

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 lease contract is a powerful tool for safeguarding rights. In order to avoid deposit disputes, there is generally a deposit clause in the lease contract.
2. The original receipt for each rent payment proves that you do not owe rent, and the deposit can be recovered. Generally speaking, when paying rent to the landlord, keep the note for bank transfer, or keep the record for Alipay transfer, and if it is cash, keep the receipt.

3. Make a list of the condition of all furniture and electrical appliances and save the current situation when renting the house in the form of photos to prove that you have not damaged the landlord’s furniture and you will need to refund the deposit.
4. Record phone calls with the agent and keep evidence. If the rental contract is snatched away by the landlord, please call the agent to introduce the rent and deposit you have paid, and record and keep the certificate.

5. If the landlord refuses to refund the deposit, call 12315 and 96315 to lodge a complaint with the Consumer Association. If you want to know more about this, you can consult lawyer Ying Ting 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.