Job Recruitment Website - Property management - Caixiangjing Garden, Xukou Town, Suzhou City, complained to solve the disadvantaged groups because the deposit and utilities of the second building were not refunded.
Caixiangjing Garden, Xukou Town, Suzhou City, complained to solve the disadvantaged groups because the deposit and utilities of the second building were not refunded.
First of all, the way for the landlord not to refund the deposit for no reason is of course negotiation and prosecution. The general deposit will be stipulated in the contract, and the landlord's behavior is a breach of contract and can be handled in the way agreed in the contract. Of course, in this case, negotiation generally can't solve the problem, and most of them will go to the step of prosecution. The landlord's malicious breach of contract violates the provisions of the contract law. If he brings a lawsuit to the court, he can not only ask for the return of the deposit, but also ask him to pay the liquidated damages according to the contract.
Secondly, the prosecution should have sufficient evidence to prove the following: the lease relationship does exist and the lease relationship has ended, there is no so-called compensation for the landlord, and the landlord does have the act of seizing evidence. In order to prove the facts, the relevant information of renting houses is usually kept as evidence to support the claim.
If the lease contract does not specify the nature or rules of the deposit, the deposit will be regarded as the lease advance payment and will be refunded anyway.
2. Where the parties have delivered the lien, deposit, deposit, contract payment, deposit or deposit, but the investment has the nature of an agreed deposit, and the parties claim the right of deposit, the people's court will not support it.
3. Unless otherwise agreed in the contract, the lessor shall return the rental deposit in full to the lessee without interest on the day after the lease relationship is dissolved and the lessee has moved out, cleaned up and paid all the fees payable.
4. If there is any property loss during the lease period, the deposit shall be deducted, and the deposit shall be refunded after deducting the property loss.
5. When the nature of the deposit is clearly agreed, the role of the deposit is to set a guarantee for the house and the property in the house. If the lessor's house and indoor facilities are damaged during the lease period, it will be deducted from the deposit.
6. If the investment causes losses, it shall be returned at the expiration or termination of the contract.
7. The non-refundable lease deposit can be settled by both parties through consultation. If negotiation fails, you can collect evidence and bring a lawsuit to the court.
Article 115 of the Contract Law, the parties to the deposit may, in accordance with the Guarantee Law of People's Republic of China (PRC), pay the deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit. If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
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