What is the deposit for? The function of deposit is to set a guarantee. The deposit in the house lease belongs to the agreement of both parties. If there is any property loss during the rental period, the deposit can be deducted accordingly, and the deposit should be refunded after deducting the property loss. Let's see what the deposit is for.

What is the deposit for? 1 deposit is a guarantee. When the debtor fails to perform the debt, the creditor can freely decide to deduct it from the deposit, which is the most direct and effective way of protection. Guarantee, to find a guarantor to take responsibility, in addition to the cumbersome legal procedures, due to the difficulty of implementation, winning the case may not necessarily get money from the guarantor.

Even mortgage, pledge, etc. It takes time and money to register after setting rights; If it is not registered, it may not confront the third party, but it is invalid and cannot be recognized and protected by national laws. Even if it is an effective mortgage or pledge, when the debtor fails to perform the debt, it is necessary to negotiate the collateral or resort to the court. Therefore, from the effect of operating procedures, guarantee, mortgage and pledge are not as simple and effective as deposits.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 389 The scope of guarantee of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail.

Article 390 During the guaranty period, if the mortgaged property is damaged, lost or expropriated, the owner of the secured property may get the insurance money, compensation or compensation in priority. If the performance period of the secured creditor's rights has not expired, the insurance money, compensation or compensation may also be deposited.

What is the deposit for? What is the function of rental deposit?

1. The liquidated damages shall be determined by both parties through negotiation, and the amount is not limited. Liquidated damages are generally determined according to the expected losses caused by one party's breach of contract.

2. If the liquidated damages agreed by one party after breach of contract are "lower" than the actual losses, and the observant party requires the defaulting party to bear the liability for breach of contract, the observant party may bring a lawsuit to the court to request an increase in liquidated damages; If the agreed liquidated damages are "excessively" higher than the actual losses, the defaulting party may bring a lawsuit to the court to reduce the liquidated damages.

3. The calculation of liquidated damages in the lease contract shall be subject to the liquidated damages agreed in the contract, and the deposit, liquidated damages and damages cannot be calculated repeatedly. After the lease contract is terminated, the calculation of various liquidated damages varies according to different situations.

4. It is generally believed that the liquidated damages system established in the current contract law is not punitive, but compensatory. Even if the agreed amount of liquidated damages is higher than the actual loss, this basic attribute cannot be changed. Whether the parties can agree on simple punitive liquidated damages is not clearly stipulated in the contract law. Generally speaking, this agreement is not invalid, but its nature is still liquidated damages.

Matters needing attention in paying rental deposit

1. When signing a rental contract with the landlord or intermediary, be sure to make clear the equipment and the house. If the equipment itself is damaged, it must be indicated in the contract. Water, electricity and gas are all natural consumption equipment, and the damage is not within the scope of mortgage. Washing machines, televisions, refrigerators and other electrical equipment. Brand model, purchase date and production date shall be marked.

2. Pay the rent with a receipt, so that you can stamp or fingerprint it. Try to avoid handwritten receipts and signatures. If you rent a house through an intermediary company, you must affix the company seal. In order to avoid disputes, receipts have no legal effect. In addition, the payment method is better than remittance, so there is a transaction record, which is also very convincing as evidence. Remember to pay cash.

3. As both the contract and the receipt are paper documents, it is recommended that you sign and take photos to keep copies, so as to avoid the loss of the documents and the loss of rights and interests.

What is the deposit for? 1. If the rent is not due, can the deposit be refunded?

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. If the parties have delivered the retention money, guarantee money, deposit, contract money, deposit or deposit, but the nature of the deposit is not stipulated, 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 can be deducted accordingly, and the deposit should be refunded after deducting the property loss.

5. 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 its property. If the lessor's house and indoor facilities suffer property losses during the lease period, it shall be deducted from the deposit.

6. If no losses are caused, the contract shall be returned upon expiration or termination.

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.

Second, the rental housing should be ready to sign a contract after selecting the housing.

1, it is necessary to confirm whether the property right of the house is clear, and whether all documents and the real identity certificate of the landlord are complete.

When paying the rent and deposit, be sure to ask for a receipt. Especially when paying the rent for the first time, the landlord will generally ask for a month's rent as a deposit, and the deposit can be refunded with a receipt when checking out.

3. The responsibilities and obligations must be agreed by both the tenant and the landlord, and then a formal written contract needs to be signed, clearly stating the contents agreed by both parties, and no oral agreement can be made. In addition to stating the lease term, rent, deposit and other simple matters, it is also necessary to specify the delivery time, the liability for breach of contract and the amount of compensation arising from the early termination of the contract by both parties, so as to avoid the resulting economic losses.

After signing the contract, be sure to check with the landlord whether the items, decoration, facilities and accessories in the house are in good condition, old and new, etc. , and clarify the responsibility, to avoid unnecessary maintenance costs and even liability disputes in the future. At the same time, check and record the initial data of water, electricity and gas and calculate the future use cost.

In addition, the author also suggests that if renters want to avoid the above problems, it is best to choose a formal brand intermediary company with good reputation and high integrity. Generally speaking, large intermediary enterprises strictly examine whether the ownership of the house is clear and whether the identity of both parties is true, so as to avoid the interests of both parties being infringed. In addition, accompanied and assisted by the staff of the intermediary company, the procedures of house inspection, contract signing and real estate handover are more convenient and safe.