Can be returned.

"Deposit" is one of the forms of liability for breach of contract in the Contract Law. Its basic legal nature is a deposit for breach of contract and has the property of guaranteeing the performance of the contract.

The deposit is unclear and irregular in law. In trial practice, it is generally regarded as an advance payment. Even if it is regarded as a performance guarantee, this guarantee is unilateral and it only applies to The giver forms a bond, that is, the giver's guarantee to the recipient. If the recipient breaches the contract, the original deposit can only be refunded and no double refund will be given; if the payer breaches the contract, the recipient will use the deposit as compensation or liquidated damages for various reasons and will not refund it.

Deposit, according to the relevant provisions of our country's current laws, does not have the nature of a deposit. It is only a unilateral act and does not have an obvious nature of guarantee. If the party who paid the deposit claims the right to deposit, the People's Court will not support it.

Under normal circumstances, payment of a deposit is deemed to be payment of advance payment. If the party that delivers or receives the deposit fails to perform its contractual obligations, there will be no consequences of loss or double return of the advance payment, and the deposit can only be used as damages.

Reference: National People’s Congress