Can the rent deposit offset the property fee?

The deposit can't offset the property fee. The deposit is a security interest established by the lessee to the lessor, which belongs to the deposit. If the deposit offsets the property fee, it violates the deposit contract and damages the lessor's rights. Of course, it can be realized if the lessor agrees.

Do I have to pay a deposit to rent a house?

The rental deposit is the result of negotiation between the two parties. The deposit law does not specify its nature. It is a system that people produce to meet the needs of transactions. Generally speaking, it is a material contract, and only the actual delivery contract of money can take effect. Belongs to a nameless contract.

1, the rental deposit is generally agreed by both the tenant and the landlord, and the actual deposit will generally not exceed two months. In order to ensure that the house and its household appliances are not illegally resold and the utilities are not deducted, tenants generally agree to pay the rental deposit to the landlord, and there will be corresponding invoices after receiving the deposit.

2. When renting a house, you should find a formal intermediary company, preferably a national chain. It is best for the intermediary to introduce the owner to review the relevant documents and sign a rental contract, which is more conducive to protecting their rights and interests. Unless otherwise agreed in the lease contract, the lessee shall return the deposit in full to the lessee without interest on the day after the lease relationship is terminated and the landlord moves out, accounts for and pays all the payable expenses.

3. The landlord can deduct the liquidated damages, damages and other related expenses arising from the landlord's violation of the provisions of this contract from the deposit, and the insufficient part of the tenant must make up within 10 days after receiving the landlord's payment notice. If the tenant cannot rent the house normally during the lease period due to the landlord's reasons, the landlord shall immediately return the deposit in full to the tenant without interest, and the tenant has the right to investigate the landlord's liability for breach of contract.

Application of deposit in practice

1. Performance bond (commonly known as deposit, deposit, retention money, deposit, etc.). ) is a unilateral guarantee to ensure that the lessee performs according to the lease contract. If there is a special agreement in the lease contract, such as "If Party B terminates the contract without Party A's consent for its own reasons, Party B's deposit and interest will not be returned", the deposit agreed here is actually the performance bond.

2. The performance bond belongs to the pledge of money, which is established when signing the contract or the terms of the performance bond and takes effect when it is formally delivered to the lessor. Under normal circumstances, the performance bond mainly has the compensation function, supplemented by the punishment function, that is, the performance bond is mainly used to compensate for the insufficient amount of liquidated damages agreed after breach of contract, but there is also the punishment function that the court decides to recognize the performance bond.

3. If the performance bond clause in the house lease contract does not clearly stipulate that the performance bond has the function of deposit, it cannot play the role of deposit. Deposit is the guarantee of both parties to the contract. When it is agreed that one party pays a certain amount of money to the other party, the other party will double it if it fails to perform its contractual obligations, and the party who paid the money has no right to get it back. This provision reflects the effectiveness of the deposit.

4. The expenses (such as rent) within the scope of the performance bond are not clearly stipulated in the house lease contract. When the lessee breaches the contract, if the lessor cannot prove that its losses have reached or exceeded the amount guaranteed by the performance bond, the lessor cannot directly confiscate the performance bond.

5. The terms of the performance bond may stipulate that if the lessor delays the return of the performance bond after the performance of the lease contract, it shall bear the corresponding liability for breach of contract, or directly stipulate that when the contract is about to terminate, the lessee has the right to use the performance bond to offset the same amount of rent.

6. The lessee may agree on the deduction order of the performance bond. If the lessee does not agree to deduct the unpaid rent at the same time, the unpaid rent will still exist after the lessor first offsets the property fee and utilities, and the liquidated damages will continue to arise. When the unpaid rent and liquidated damages reach a certain amount, it is likely to meet the conditions stipulated in the lease contract for the lessor to terminate the contract because of excessive rent arrears.

To sum up, it is Bian Xiao's relevant answer about whether the rent deposit can offset the property fee, hoping to help you.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 721 The lessee shall pay the rent at the agreed time limit. If the time limit for paying rent is not stipulated or clearly stipulated, it cannot be determined in accordance with the provisions of Article 510 of this Law. If the lease term is less than one year, it shall be paid at the expiration of the lease term. If it is more than one year, it will be paid every year. If the remaining term is less than one year, it shall be paid at the expiration of the lease term.

Article 722 Where the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay the rent within a reasonable time. If the lessee fails to pay the rent within the time limit, the lessor may terminate the contract.