The "Contracts of the Civil Code (Effective from January 1, 2021)" stipulates that the deposit shall not be higher than 20% of the sales price. However, regulations vary from place to place. According to Article 587 of the Civil Code, if the debtor performs its debt, the deposit shall be used as the price or be recovered. If the party who paid the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, it shall have no right to request the return of the deposit; if the party receiving the deposit fails to perform its debts or performs the debt inconsistently with the agreement, resulting in the failure to achieve the purpose of the contract, double the amount of the deposit shall be returned Deposit.
1. How much deposit is required for renting a house? The Civil Code stipulates that the deposit shall not be higher than 20% of the sales price. However, regulations vary from place to place. For example, for a house with a monthly rent of 2,000-3,000, a deposit of 300 or 500 is enough, but for a house with a monthly rent of over 10,000 yuan, a deposit of 300 to 500 yuan is not enough, which shows the sincerity of not renting out the house. As rental prices increase, the deposit should also increase.
2. Can the deposit paid for renting a house be refunded? 1. According to the provisions of the "Civil Code" on rental deposits, the parties may agree on one party to pay the deposit to the other party in accordance with the "Guarantee Law of the People's Republic of China" As a guarantee for creditor's rights; after the debtor performs its debt, the deposit shall be used as payment or recovered. If the party who paid the deposit fails to fulfill the agreed debt, he has no right to demand the return of the deposit; if the party receiving the deposit fails to fulfill the agreed debt, he shall return double the deposit; when renting a house, the deposit can be returned after negotiation with the landlord. If the landlord does not agree to return the deposit , then the deposit is generally non-refundable. 2. How to prevent the problem of non-refundable deposits for renting a house 1) When signing a rental deposit agreement, be sure to clearly describe the equipment and conditions of the house. 2) After paying the rental deposit, you must issue a receipt for the deposit, preferably with a stamp or fingerprint. Try to avoid handwritten receipts and signatures. If you rent through an agency, you must have a company seal. In case of disputes, the receipt will have no legal effect. In addition, the best method of payment is remittance, which has transaction records and is very convincing as evidence. Remember to pay in cash. 3) Take photos of important documents afterwards. Since contracts and receipts are all paper documents, it is recommended that you take photos and keep copies after signing to prevent your rights and interests from being protected if the documents are lost. To sum up, there is no precise legal regulation on the amount of rental deposit, and it is mainly determined by negotiation between the two parties. As for whether the deposit can be refunded, it depends on the situation. Under normal circumstances, it can be used as rent, or it can be negotiated with the landlord. However, if the tenant breaches the contract, it will definitely not be refunded. If the landlord breaches the contract, he will be required to compensate double the deposit. Therefore, when renting, you must keep the deposit payment contract and documents, which can be used as a basis for rights protection when necessary.