Joke Collection Website - Public benefit messages - What if the landlord doesn't refund the deposit if he doesn't want to rent a house when it expires?
What if the landlord doesn't refund the deposit if he doesn't want to rent a house when it expires?
1. Check the lease contract: check the agreement on the deposit in the lease contract, including the deposit amount, purpose, return time, etc., to determine the rights and obligations of safeguarding rights.
2. Communicate with the landlord: If the landlord does not refund the deposit, he can communicate with the landlord by telephone, SMS, email, etc.
3. Send a lawyer's letter: If the communication with the landlord fails, you can consider entrusting a lawyer to send a lawyer's letter, asking the landlord to refund the deposit and threatening to take legal action.
4. Complain to the local housing rental service center: If all the above methods fail, you can complain to the local housing rental service center.
If the deposit is not refunded, the information to be provided during the prosecution is as follows:
1. Contract or agreement: it is necessary to provide relevant contracts or agreements to prove the economic relationship between merchants and consumers, as well as the payment method and refund conditions of the deposit.
2. Payment voucher: payment voucher requiring deposit, such as screenshots of payment records such as Alipay and WeChat, bank transfer records, etc.
3. Proof of deposit: Proof of deposit, such as deposit receipt and deposit agreement, is required.
4. Consumption vouchers: Relevant consumption vouchers, such as shopping receipts and service receipts, are required to prove that consumers have fulfilled their corresponding consumption obligations.
5. Contact information: It is necessary to provide the contact information of the consumer so that the court can get in touch with the consumer.
To sum up, the rental deposit is a legal right, and the landlord shall not detain it without authorization. If the landlord does not refund the deposit, he can protect his rights and interests through legal channels. In the process of safeguarding rights, it is necessary to keep relevant evidence materials, abide by legal procedures and regulations, and ensure the success of safeguarding rights.
Legal basis:
Article 394 of the Civil Code of People's Republic of China (PRC)
In order to ensure the performance of the debt, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be compensated in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.
Article 578
If one of the parties expressly expresses or shows by his own behavior that he will not perform the contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.
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