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Can the original deposit be refunded

Publish: 2021-04-11 13:44:22
1.

It can be withdrawn on the premise of no violation of the agreement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

2. If your purchase contract doesn't stipulate that the other party must have the mining right, as long as the other party can provide you with stones, you can't refund the deposit. If there is a requirement that the other party must have the mining right, then the other party can sue for refund of deposit even if the contract is fraulent.
3. Now many people should have some understanding of the basic process of buying a house. The first step of buying a house is to pay a deposit or deposit. When paying, many people will not feel difficult, but if they want to return it later, the process will be more cumbersome. So let's introce about whether the deposit can be refunded? What should we pay attention to when buying a house
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.
4. There is an agreement on the deposit, which depends on the original agreement
5. It depends on the situation
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.
6. Article 84 of the labor contract law stipulates: if an employer collects property from a laborer in the name of guarantee or other means, the labor administrative department shall order it to return the property to the laborer within a time limit and impose a fine of not less than 500 yuan but not more than 2000 yuan per person; If any damage is caused to the workers, they shall be liable for compensation. Therefore, you can report to the local labor supervision team, which will recover the deposit and punish the company.
7. You can go back when you leave
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