What should I do if the landlord's withholding money is not refunded?

The landlord does not refund the deposit, and the rights protection methods are as follows:

1. Negotiation: If there are no obviously unfair clauses in the signed lease contract, the negotiation shall be conducted according to the contract. In terms of self-control, if negotiation fails, it will involve looking for other help;

2. Find a property or neighborhood committee and call the police to help mediate: if negotiation fails, you can find a property or neighborhood committee and call the police for help. Generally speaking, if they are in your position, they will help mediate. Of course, because this is a civil dispute, they can only help, and the suggestions they provide are only suggestions, which have no mandatory effect on the landlord;

3. Reporting complaints:

(1) See if there are any illegal buildings, such as adding or dividing several rooms, and call12319 directly;

(2) reporting tax evasion. In China, renting houses is subject to tax, and the tax rate is not low, which is basically around 12%;

(3) Report fire hazards. If the house you rent is not equipped with fire fighting equipment, please call 96 1 19.

4. Bring a lawsuit to the court:

(1) Specific process: bring your complaint, lease contract and rent transfer certificate, file a case with the local people's court, pay the legal fees, and wait for the court session and judgment;

(2) Evidence materials to be prepared:

(3) The prosecution must have sufficient evidence, and the following items must be proved:

A. There is a lease relationship and the lease relationship has been terminated;

B. There is no need to compensate the landlord for the above matters, and the landlord has indeed seized evidence;

C. after receiving the deposit, there should be a corresponding receipt. In order to prove the facts, the relevant information of renting houses is usually kept as evidence to support the claim.

Whether the deposit can be refunded if the house is rented before maturity, as follows:

1. The lessee and the lessor negotiate to terminate the lease contract, and the refund of the deposit shall be implemented as agreed by both parties;

2. When signing the contract, it is agreed that the lessee will notify the lessor in advance, which is not a breach of contract, and the lessee has also informed the lessor not to rent the lessor's house within the prescribed time limit, and the lessor needs to refund the lessee's money;

3. There is no agreed interest in the contract, so if the lessee withdraws the lease before the expiration of the contract, the lessor has the right not to return the deposit;

4. If the lessor's breach of contract leads to the lessee's request to terminate the contract and the deposit needs to be returned, the lessor shall bear the liability for breach of contract;

5. If the lessee breaches the contract, resulting in the lessor's request to terminate the contract, the lessee shall bear the liability for breach of contract and the deposit shall be refunded;

6. If the contract cannot be continued due to the dissolution of the contract or force majeure, it shall be handled according to the contract.

To sum up, deposit, that is, deposit, means that one party deposits a certain fee with the other party to ensure that his behavior will not harm the interests of the other party. If damage is caused, compensation can be paid according to the facts or separately. After the legal relationship between the two parties does not exist and there are no other disputes, the deposit shall be refunded; However, if the party who pays the deposit defaults, the deposit will be deducted by the other party.

Legal basis:

Article 580 of the Civil Code of People's Republic of China (PRC)

If one party fails to perform non-monetary debts or the performance of non-monetary debts does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

(a) It is legally or practically impossible to perform;

(2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high;

(3) The creditor fails to request performance within a reasonable time limit.

In case of one of the exceptional circumstances specified in the preceding paragraph, the purpose of the contract cannot be achieved, the people's court or arbitration institution may, at the request of the parties, terminate the rights and obligations of the contract, but it does not affect the liability for breach of contract.