Legal Gas Station If the rent contract is not due, can the deposit be refunded?Take a look at the analysis:
1 The data shall prevail and there is a source: According to Article 212 of the Contract Law of the People's Republic of China, a lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent. In a house lease, the lessee pays rent to the lessor, and the lessor transfers the right to use the house to the lessee.
2 Type, Meaning (Definition): A rental contract is a civil contract that is signed between a lessor and a lessee to stipulate the rights and obligations of a house lease. A deposit is a certain amount of money paid by the lessee to the lessor at the time of signing the contract as a guarantee for the performance of the contract.
3. Function: The role of the rent contract is to clarify the rights and obligations between the lessor and the lessee, including the lease term, rent, deposit, liability for breach of contract, etc. The function of the deposit is to ensure that the lessee performs the contract, and if the lessee violates the contract, the lessor has the right to deduct the deposit as liquidated damages.
4 Analytical principle: If the rent contract has not expired and the tenant requests a refund of the deposit, it is necessary to check the agreement on the return of the deposit in the contract first. If the contract clearly stipulates that the deposit can be refunded under certain conditions, then the lessee can apply according to the contract. If it is not expressly provided for in the contract, it needs to be judged according to the provisions of the law and the principles of contract law.
5 Example: Suppose there is a rent contract, and the lessee pays a deposit of 1,000 yuan to the lessor, and the lease term is one year. Half a year later, the tenant needs to move out of the house due to work reasons and asks for a refund of the deposit. At this point, the lessee can check the agreement in the contract regarding the return of the deposit. If the contract provides for the refund of the deposit in the event of early termination by the lessee, then the lessee may apply to the lessor and request a refund of the deposit. If it is not expressly provided for in the contract, it needs to be judged according to the provisions of the law and the principles of contract law.
In conclusion, is it possible to return the deposit when the rent contract is not due?It needs to be judged according to the contract and legal provisions. If the contract clearly stipulates that the deposit can be refunded under certain conditions, then the lessee can apply according to the contract. If it is not expressly provided for in the contract, it needs to be judged according to the provisions of the law and the principles of contract law. In any case, both parties shall agree and comply with the law.