Can the original deposit be refunded
It can be withdrawn on the premise of no violation of the agreement
if the nature or rules of the deposit are not specified in the lease contract, the deposit will be treated as an advance payment for the lease and will be returned in any case. Unless otherwise agreed in the contract, the landlord shall return the full amount of the deposit to the tenant without interest on the day when the tenancy relationship is eliminated and the tenant is vacated, counted and paid off
extended data:
if there is property loss ring the rental period, the deposit can be dected accordingly, and the deposit should be returned after decting the property loss. In the absence of a clear agreement on the nature of the deposit, the role of the deposit is to set a guarantee for the house and the property inside the house. If the property losses of the house and indoor facilities of the lessor are caused ring the lease period, they will be dected from the deposit
deposit is a kind of security interest, specifically a special form of pledge guarantee, that is, in order to guarantee the performance of the debt, the debtor or a third party will transfer a certain amount of money or equivalent to the creditor's possession. When the debtor fails to perform the contract, the creditor can get priority from the deposit
at present, there is no clear legal provision for deposit in China's current law. According to the legal principle that it is legal if there is no mandatory provision in law, the parties should be allowed to pay a certain amount of deposit in economic activities. Deposit guarantee, in essence, belongs to the category of pledge
is the deposit refundable
according to the agreement, you can claim interest loss and return the deposit from the other party. According to Article 4 of the interpretation of several issues concerning the application of law to the trial of disputes over commercial housing sales contracts, if the seller accepts a deposit from the buyer as a guarantee for the conclusion of commercial housing sales contracts by way of subscription, order, reservation, etc., if the commercial housing sales contracts cannot be concluded e to one of the parties, it shall be handled in accordance with the provisions of the law on deposit; If the commercial housing sales contract cannot be concluded e to reasons not attributable to both parties, the Seller shall return the deposit to the buyer
1. If both parties fail to sign the commercial housing sales contract within the time specified in the subscription letter e to the developer's reasons, such as the developer selling the agreed house to a third party, the buyer can ask the developer to return double the deposit
2. If both parties fail to sign the commercial housing sales contract within the time specified in the subscription letter e to the buyer's reasons, such as the buyer abandoning the purchase of the agreed house, the buyer will lose the deposit
3. If the buyer and the developer can not reach an agreement on the specific terms of the commercial housing sales contract within the time agreed in the subscription letter, the buyer can ask the developer to return the deposit
4. If the developer sells the house that does not meet the sales conditions, that is, the developer does not obtain the pre-sale license or sells the existing house that does not meet the use conditions, the buyer can ask the developer to return the deposit and ask the developer to pay the corresponding interest loss
what should we pay attention to when buying a house
1. Before purchasing a house, the buyer should first carefully choose a property project, that is, what kind of house you are going to buy. First of all, you should consider its own geographical location, house type and its surrounding environment. It is very important to understand the credit of the developer, That is to say, before buying a house, the buyer should have some basic knowledge about the property project you choose. These basic understanding of a very important point is to understand the developer's credit. Later, I will talk about the credit of developers from which aspects
2. Sign the subscription letter and commodity sales contract, including signing supplementary terms. When the buyers sign the subscription book and commodity sales contract, they should pay attention to the five certificates. I will talk about the five certificates later. The second stage of house purchase is to pay the deposit, sign the confirmation letter, choose the payment method, sign the contract of commercial house sales, then pay the purchase money, and handle the sales or pre-sale registration
the above content mainly describes whether Xiaobian can refund the house purchase deposit? When buying a house, we should pay attention to the overall introction of what we should pay attention to. The purchase deposit can be refunded, but the first condition must also be met, otherwise we can't operate. There are many things we should pay attention to when buying a house, and the most fundamental ones have been mentioned in detail in the above.
you haven't checked in yet
if you sign the contract and pay the deposit, you can know whether the deposit can be refunded according to the contract. If not, there is hope of retirement
if you are a private landlord, you only have oral agreement, but no written agreement (such as contract, deposit slip), it is possible to refund, provided that you can persuade the landlord.