What if the lease contract expires without refunding the deposit? 1. If the lease contract does not specify the nature or rules of the deposit, the deposit will be regarded as the lease advance payment and will be refunded anyway. 2. Where the parties have delivered the lien, deposit, deposit, contract payment, deposit or deposit, but the investment has the nature of an agreed deposit, and the parties claim the right of deposit, the people's court will not support it. 3. Unless otherwise agreed in the contract, the lessor shall return the rental deposit in full to the lessee without interest on the day after the lease relationship is dissolved and the lessee has moved out, cleaned up and paid all the fees payable. 4. If there is any property loss during the lease period, the deposit shall be deducted, and the deposit shall be refunded after deducting the property loss. 5. When the nature of the deposit is clearly agreed, the role of the deposit is to set a guarantee for the house and the property in the house. If the lessor's house and indoor facilities are damaged during the lease period, it will be deducted from the deposit. 6. If the investment causes losses, it shall be returned at the expiration or termination of the contract. 7. The non-refundable lease deposit can be settled by both parties through consultation. If negotiation fails, you can collect evidence and bring a lawsuit to the court.
What problems should be paid attention to in subletting?
1, oral commitment is difficult to take effect, generally the written contract shall prevail.
2, to specify whether it is a long-term lease or short rent, whether it can be sublet and other matters.
3. It is necessary to specify the payment amount, method and time of rent and utilities.
4. Indoor facilities, where there are changes, need to be signed by both parties for confirmation.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 704 of the Civil Code of People's Republic of China (PRC)
The contents of the lease contract generally include terms such as name, quantity, purpose, lease term, rent and its payment term and method, lease maintenance, etc.
Article 705
The lease term shall not exceed twenty years. More than twenty years, the excess is invalid. At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.
Chapter seven hundred and seven
If the lease term exceeds six months, it shall be in written form. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease.