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Handling of deposit for mid rent withdrawal

Time: 2024.02.20 label: Property disputes lease of houses Reading: 1454 people
Lawyer's analysis:
If the tenant The contract of renting a house If the lease is withdrawn in the middle of the term, the deposit is generally handled as follows:
To view the contract terms: first view Lease contract The deposit refund clause in. Some contracts may stipulate that the deposit will not be refunded if the tenant withdraws the lease in advance within the contract period; Some contracts may also stipulate that part of the deposit can be returned when the landlord is notified a certain time in advance (such as one month).
Negotiate with the landlord: If there is no clear provision in the contract or the provision is not clear, the tenant can negotiate with the landlord to see whether part of the deposit can be returned.
Deduction of damage compensation: if the house or furniture is damaged during the lease period, the landlord may deduct the corresponding amount from the deposit damages Eh.
Cleaning costs: If the house is not cleaned when the rent is returned, the landlord may deduct cleaning costs.
Notice and handover: no matter whether the deposit can be returned or not, the tenant should notify the landlord in advance according to the provisions of the contract, and complete the handover of the house when the rent is returned to avoid unnecessary disputes.
Legal approach: If the tenant thinks the landlord unreasonably deducts the deposit, he can try to communicate with the landlord to solve the problem. If communication fails, you can safeguard your rights and interests through legal channels.
Finally, in order to protect the rights and interests of both parties, it is recommended to carefully read the contract terms before signing the rental contract, and seek legal advice
Legal basis:
Article 730 of the Civil Code of the People's Republic of China Where the parties have not agreed or clearly agreed on the lease term, and cannot be determined in accordance with the provisions of Article 510 of this Law, it shall be deemed as a non term lease; The parties may terminate the contract at any time, but shall notify the other party before a reasonable time.
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If a tenant withdraws during the term of the lease contract, the way to deal with the deposit is generally as follows: check the contract terms: first, check the terms of the lease contract regarding the return of the deposit. Some contracts may stipulate that if the tenant withdraws the lease in advance within the contract period, the deposit will not be refunded

Three types of people who cannot apply for public rental housing include: 1. If the income of the applicant or his/her family exceeds the upper limit of income for public rental housing application stipulated by the local government, he/she cannot apply for public rental housing. 2. Applicants and their co applicants are in the region

If a tenant withdraws during the term of the lease contract, the way to deal with the deposit is generally as follows: check the contract terms: first, check the terms of the lease contract regarding the return of the deposit. Some contracts may stipulate that if the tenant withdraws the lease in advance within the contract period, the deposit will not be refunded

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    Three kinds of lease contracts that may be deemed invalid include: 1. The lessor has not obtained or violated the planning permission to build the house lease; 2、 Lease of temporary buildings not approved or constructed according to the approved contents; 3、 The overdue part whose lease term exceeds the legal service life of the temporary building.

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  • How to compensate for the breach of the rental contract

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    In signing the contract, it is very important to clarify the rights and responsibilities of both parties. In case of breach of contract, the observant party has the right to pursue the compensation of the breaching party; Breach of lease usually involves the payment of liquidated damages. The amount of liquidated damages shall be in accordance with the provisions of the contract. If it is not clear, the actual loss shall prevail. However, the deposit, liquidated damages and damages shall not be cumulative.

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  • Whether the underground parking space can be subleased

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    Second hand house buyers have the right to fight against the seller when they own property rights in the parking space; The right of use parking space can be leased or transferred at the time of property handover. The key point is that in case of the expiration of the Seller's parking space contract, the Buyer can timely handle the ownership change procedures.

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  • Do I have to pay a deposit when renting

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    It is not necessary to pay a deposit when renting a house. The deposit is the result of negotiation between both parties. The law does not specify the nature of the deposit, which is a system generated by the people in response to the needs of the transaction. In practice, in order to ensure the smooth performance of the housing lease contract, it is best to include the deposit clauses in the housing lease contract.

    Play volume: one thousand one hundred and eighty-two 2022-06-07
  • How to deal with disputes over rental deposit

    Lawyer Li Jun

    Disputes over rental deposit can be settled through reconciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration or bring a lawsuit to the people's court according to the content of the lease dispute. The parties shall perform legally effective judgments, arbitral awards and mediation statements; If the party refuses to perform, the other party may request the people's court to execute.

    Play volume: six hundred and fifty-one 2022-06-07
  • Do you deduct rent for early withdrawal of rental

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    If the leased house is withdrawn in advance, it can be required to return the rent or deduct the deposit paid before, which is generally handled according to the terms agreed in the contract. In Article 577 of the Civil Code, if a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall be liable for breach of contract by continuing to perform, taking remedial measures or compensating for losses.

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