Is it illegal to rent a house without refunding the deposit

It depends on the agreement in the rental contract and the actual performance.

First, the deposit clause in the lease contract.

When renting a house, the two parties will generally sign a rental contract, which will specify the amount, purpose and refund method of the deposit. These terms are negotiated and recognized by both parties and have legal effect. Therefore, when judging whether it is illegal to rent a house without refunding the deposit, we first need to check the relevant clauses in the rental contract.

Second, the deposit refund agreement and performance

According to the lease contract, the tenant should restore the house to its original state and settle the related expenses when checking out, and the landlord will refund the deposit after verification. If the landlord fails to refund the deposit as agreed, it is a breach of contract. At this time, the tenant has the right to ask the landlord to refund the deposit and can safeguard his legitimate rights and interests through legal channels.

However, if the lease contract does not clearly stipulate the specific conditions or time limit for refunding the deposit, or if the tenant violates the contract when checking out (such as damaging the house and not paying the fees). ), the landlord has the right to deduct part or all of the deposit according to the actual situation. In this case, renting a house without refunding the deposit does not necessarily constitute an illegal act.

Third, ways to protect tenants' rights.

If the landlord fails to refund the deposit as agreed, the tenant can defend his rights through the following channels:

1. Negotiate with the landlord: First, try to communicate with the landlord to find out the reasons for not refunding the deposit and negotiate a solution.

2. Seek third-party mediation: If negotiation fails, you can seek the help of the community, property or relevant departments for mediation.

3. Bring a lawsuit: If mediation still fails to solve the problem, the tenant can bring a lawsuit to the people's court and ask the landlord to refund the deposit and bear the corresponding legal responsibilities.

To sum up:

Whether it is illegal to rent a house without refunding the deposit depends on the agreement in the rental contract and the actual performance. If there is a clear deposit refund clause in the contract, it is illegal for the landlord not to perform it. Tenants should first check the terms of the contract when defending their rights, and safeguard their legitimate rights and interests through negotiation, mediation or litigation.

Legal basis:

Contract law of the people's Republic of China

Article 107 stipulates:

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

People's Republic of China (PRC) Civil Code

Article 703 stipulates:

A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and income, and the lessee pays the rent.

Article 7 15 stipulates:

With the consent of the lessor, the lessee may improve or add other things to the lease item. If the lessee improves or adds other things to the lease item without the consent of the lessor, the lessor may require the lessee to restore the original state or compensate for the losses.