During the rental process, the tenant needs to pay the rental deposit according to the regulations, and if the tenant violates the contract, then the landlord has the right not to return the deposit. Then it needs to be negotiated by both parties.
1. Negotiate with the landlord: First of all, you can try to communicate with the landlord amicably, explain your situation, and express your demands. Sometimes, the landlord may not be able to refund the deposit for some reason, but they may agree to return the remaining deposit after deducting some fees.
2. Check the lease contract: check whether there is a clause in the lease contract about the return of the deposit. If there is a clear provision in the contract, it shall be executed in accordance with the provisions of the contract. If there is no clear provision in the contract, rights can be protected in accordance with local laws and regulations.
3. Seek legal assistance: If the landlord refuses to return the deposit and the negotiation fails, you can seek legal assistance. You can consult with a local lawyer or legal aid agency to understand your rights and ways to defend them.
4. File a lawsuit: If necessary, you can file a lawsuit with the court. You'll need to provide the lease contract, payment history, and other relevant evidence to prove that the landlord is obligated to return the deposit. If the court finds that your claim is reasonable, it will rule and ask the landlord to return the deposit.
What are the circumstances of renting a house without returning the deposit?
1. The tenant fails to quit the lease at the time agreed in the contract.
The lease contract stipulates the duration of the lease, and the rent payable for the rental is also charged according to the lease time. It is the basic obligation of both parties to fulfill the contract, and if it is time to quit the lease, the landlord has the right to withhold the rent without the consent of the tenant if the tenant does not quit the lease in accordance with the contract without the consent of the landlord. In this case, the tenant can negotiate with the landlord to reach an agreement on the rental period and **, re-agree on the deposit, and sign a new contract.
2. The tenant does not pay the rent regularly.
During the rental period, it is the basic obligation of the tenant to pay the rent, and the rent shall be paid in accordance with the payment method, amount, time and place agreed in the contract. If the payment is not made within the time limit, the landlord has the right to deduct the rent payable by the tenant from the deposit, and the amount shall be equal to the amount of rent and liquidated damages. The remaining balance shall be returned to the tenant at the end of the period and shall not be seized without reason.
3. The tenant damages the items belonging to the landlord.
If the property is damaged due to the tenant during the lease period, the damaged item shall be repaired or compensated to the landlord. If the tenant fails to perform his responsibilities after the expiration of the lease contract, the landlord has the right to seize the rent, and the amount of the seizure shall be equal to the amount of the maintenance items, and if it is not enough to pay, then claim compensation from the tenant.
In addition to the above, the landlord cannot refuse to refund or deduct the deposit. If the landlord refuses to return the deposit or deducts the deposit for reasons other than the existence of the above-mentioned tenants, the tenant can negotiate with the landlord to request a refund of the deposit, and even claim liability for damages.
Rental deposit