Traditional Culture Encyclopedia - Lucky day inquiry - I paid a deposit of 1000 for renting a house. Can I return it if I don't want to rent it?
I paid a deposit of 1000 for renting a house. Can I return it if I don't want to rent it?
1. You paid a deposit of 1000 for renting a house. If you don't want to rent it, you can't return it. If you pay a deposit before renting a house and then don't rent it, it's actually a breach of contract, and the deposit is non-refundable. If the renter continues to rent the house in order to avoid the loss of the deposit, the landlord and the intermediary shall return the deposit or use it as the rental price, and shall not detain it at will. If it is not returned, the renter has the right to file a breach of contract lawsuit.
2. Legal basis: Article 586th of the Civil Code of People's Republic of China (PRC).
The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. The deposit contract is established when the deposit is actually paid.
The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.
2. Does the rental deposit have legal effect?
1. If the landlord and the tenant sign a lease contract and stipulate the deposit, deposit or rent, the deposit will take legal effect after the house lease contract comes into effect. If the lease contract is not established and does not take effect, then the rental deposit will have no legal effect;
2. If a written agreement is not signed, but the deposit is actually paid, the deposit receipt issued has legal effect and the deposit guarantee is valid.
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