The original title: "Rent return and loss assessment". Can a third party be introduced?

At a time when renting a house has become the living choice of more and more people, disputes arising from the withdrawal of rent are often troubling. Previously, a landlord in Shangrao, Jiangxi Province, carried a searchlight to check the room inch by inch when the tenant checked out, and claimed more than 10000 yuan. The "loss determination by lantern" caused a heated debate at that time. (May 22, Workers' Daily)

For migrant workers, the first lesson of entering society often starts from renting a house. In real life, one of the key points of this course is how to get back the deposit smoothly when returning the lease. As the embodiment of the spirit of the contract between the landlord and the tenant, the deposit protects the landlord from economic losses caused by the tenant's damage to the house; At the same time, it also restrains tenants to ensure that they can "treat" the house well. In reality, there are many cases where tenants destroy houses and fail to pay rent on time, resulting in property losses of landlords. It is also reasonable for the landlord to deduct a certain amount from the deposit as compensation. It can be said that the deposit has its rationality and necessity in the rental market.

However, if you meet some greedy landlords and intermediaries, the deposit will become a "hostage" in their hands when handling the rent refund. It is not easy to "rescue" smoothly. Take the "lantern loss assessment" that has caused a heated discussion before, the landlord held a searchlight in his room and searched wildly. What he knew was that he was returning the rent for house inspection, but what he didn't know was that he was looking for clues to solve the case. The walls are yellow, the sofa is old, and the tiles are lacquered... Each "hint" is associated with a corresponding amount. After a round of searching, the landlord's mouth was in the back of his head and his calculator was pressed to spark, but the tenant complained about the high compensation.

It is clearly agreed by both parties. Why is it unilateral? The imbalance of discourse power in the rental market is the key to creating deposit conflicts. From the perspective of the current rental operation, the definition of deposit refund and deduction in the rental contract is often broad, and in many cases, the deposit is directly delivered to the landlord or intermediary. In which case can the deposit be deducted? Is there a standard for compensation of related losses? When there is no clear reference answer to a series of questions, the party with the deposit will naturally have more say. In addition, many of the tenants are migrant workers from other places. If they are "wrangling" for the deposit, it will take time and trouble to work hard. Many people can only accept defeat after weighing.

In the face of the expanding housing rental market, if you want to build a more harmonious rental relationship, the return of deposit must not be a muddle headed account. How do you calculate this account? First, optimize the contract content. By improving the standardized template of the lease contract, we agreed on the form of compensation for losses, limited the time of compensation, and solved the problem in advance. Secondly, we should quantify the loss of goods. The industry association can consider to determine the pricing range of compensation for rental losses according to the local labor and material costs, so as to provide "benchmark" reference for landlords and tenants. In addition, it also needs to be considered who will calculate this account. For example, an exclusive complaint channel can be set up on the government affairs platform to encourage both parties to defend their rights and interests through legal means. For another example, we can consider introducing the role of "middleman" in the payment of deposit compensation. Like e-commerce shopping, the deposit will be remitted to a third party, and the third party will do a good job of communication and docking between the leasing parties, so as to achieve the "balancing" of the weight of the leasing parties. (Liu Shuo)