Second, the rights protection process and required materials
1.？ Seek the help of the rental agent: after the second landlord refused to reply to the message and deleted me, I thought that if there was a contradiction in the rental contract, I could contact the rental agent first, but the agent said that the other party did not reply to the message, and there was nothing I could do. (After renting a house, the intermediary doesn't care about anything. I was too anxious to go to the hospital, but I was still too young! )
2.？ Ask for help from the police station: after searching for other people's rights protection experience on the internet, I called the police station and explained the reason for asking for help, but after contacting the second landlord, it was still fruitless. I suggest that I go to the Justice Bureau for help. Thanks to the staff of the police station in the jurisdiction, although I didn't succeed, they gave me a lot of encouragement and confidence, and I was not impatient! )
3.？ Seek the help of the Judicial Bureau: Continue to check the information on the Internet and prepare the following materials: civil complaint, copy of my ID card (no other party's identity information, which will be supplemented later), original and copy of the rental contract, chat records, photos of house cleaning, and transfer records are also printed in advance, and I take the materials to ask for leave in advance, hoping to go to the Judicial Bureau.
But the staff on duty that day were not lawyers, similar to mediators. They did not recommend prosecution for various reasons, nor did they give any reasonable suggestions. I was a little depressed, but I didn't give up. I continued to check the information and decided to sue online. Because the legal aid lawyer is not on duty every day, it is necessary to call in advance for consultation, so as not to waste time on a trip. )
4.？ Inquire about the identity information of the second landlord: because the mobile phone is damaged, I can't find the identity information sent by the second landlord before, so I can only inquire through a lawyer (the price varies from place to place, and the consultation is about 300~500). Search the nearest law firm through the map of Gaud, and call one by one to ask for the price.
Finally, I found a law firm and added WeChat to explain that after the price was settled, I asked to transfer money first (a little worried about being cheated), but fortunately, the other party sent a power of attorney first, asking to print and fill out the materials and send them to him (the power of attorney has the lawyer's name and phone number, practice license number and address), and then transfer money after filling it out. The lawyer is very dedicated and sent the information a few hours after submitting the application.
5.？ First online prosecution: WeChat pays attention to the official account of "sh Court 12368" WeChat. After registration, you need to fill in the original defendant's information, litigation request, facts and reasons according to the prompt steps. And you need to upload the electronic version of the complaint, identity information, lease contract, chat records, transfer records, house photos (you think important materials can be uploaded), waiting for the case to pass.
6.？ The court rejected the case: after the court examined it, it was suggested to upload the supplementary materials in the specified format within the specified time, but the supplementary materials were not uploaded successfully due to network speed and format problems, so the case was rejected! I was deeply hit, so I contacted the responsible judge by phone to ask about the reasons and solutions, and suggested that a new case be filed on the computer (telephone 12368 to the relevant district operator and then to the relevant judge).
7.？ Second filing: I carefully searched for the tweets of online submission of normative materials in the court official website again, prepared all electronic materials, searched "sh Court Litigation Network"-"Online filing"-"Plaintiff materials, defendant materials, court materials" and waited for filing, and finally the case was successfully filed. (During the period, due to the change of roommates, the rental contract and the prosecutor are not the same person, and a material is required to explain the situation. )
8.？ Received summons and hearing notice: I received the mediation notice first (I checked the pre-litigation mediation when filing the case), thinking that a court mediator would contact both parties for mediation, but after waiting for nearly two months, I only received the hearing notice and hearing summons. I paid 25 yuan in legal fees, and I was excited and uneasy. I check the information after work every day, sort out the materials, think about the court speech, and wait for the court session.
9.？ Withdrawal after successful rights protection: About 10 days before the trial, the other party contacted by phone, politely appeased, and said that the deposit could be refunded through negotiation. Instant joy flooded my brain. After discussing with my roommate, I informed the other party that the other party would return the deposit soon. After the handwritten notice of withdrawal was sent to the court to receive the notice of withdrawal, (voluntarily withdrawing the lawsuit, the legal fee will not be refunded) this matter ended, and I have never been to the court again!
Third, matters needing attention
1.？ This kind of incident belongs to civil affairs and is not under the control of the police station. I just felt that the contact of the police station staff was intimidating and decided to give it a try. Therefore, failure is not unexpected. The other party should know that the police will not be accepted, so the attitude is very arrogant. You can try it first, but you can't prepare to sue.
2.？ Requirements for uploading electronic documents (see the requirements of local courts): PDF format, accurate naming, and the document direction cannot be reversed; Materials belonging to the same kind of evidence need to be merged and uploaded; Paper materials containing my handwritten signature and ID information background need to be cut and uploaded.
3.？ Rent needs to be taxed! If the other party does not invoice after collecting the rent, it is suspected of breaking the law (pay attention to whether there is this information when signing the contract)! Call the tax bureau to confirm, just submit the other party's name and ID number, and someone will arrange to submit the materials (rental contract and transfer record) later. In the process of checking the information, it was found that some landlords were fined after reporting this item!
4.？ After consulting the materials and cases, I know that the other party will pay the legal fees after winning the case, and the lawyer's fees and lost time fees can also be written in the appeal to ask the other party to pay (because I have never been to court, I am not sure whether the latter two fees can be implemented, so I can consult a professional).
5.？ During the prosecution, it was found that the name of the landlord who signed the contract, the name of the ID card issued and the name of the Alipay payee are three names! I passed the examination of adding my name and ID number one by one to the railway account number 12306, and finally got the correct name and ID number before I asked a lawyer to issue the information. Therefore, it is suggested that when signing the contract, after asking the other party to issue identity information, check whether it is the real name and ID number on WeChat and collect it.
6.？ All chat records, photo records and maintenance records with the landlord should be collected or backed up; Before moving in and moving out, take pictures of electrical appliances and furniture in every corner, and notify the landlord in time when problems are found to avoid wrangling in the future; Talk to each other and record at any time! There is no need to compensate for the loss of furniture and electrical appliances during normal use, unless it is intentional! In a case, a landlord claimed that furniture and electrical appliances were damaged by tenants. The judge asked the landlord to find a professional to test and issue evidence, and the landlord lost the case!
Finally, you must be calm when something happens. You shouldn't be led by the nose when communicating and negotiating with each other. You should guide the other person to say what is good for you. Even if the other party doesn't respond, you can take what you want to say as evidence! Don't be afraid of trouble. The above work will take some time, but the cost is very small. After submitting the materials, wait for the court to inform you!
After all, the worst result is not getting the deposit, just like now! The original intention of safeguarding rights is that you can't let your education for so many years rub around on the ground. His clever tricks show that many people have been deceived before, and I can't let him eat ill-gotten gains easily! In this process, I also learned some legal knowledge, not for nothing!
And through my case, I have helped two colleagues get back the deposit (after preparing the materials, I said that the other party evaded taxes, had no fire-fighting facilities, and could not detain the deposit without reason due to normal wear and tear, and was suspected of bullying consumers, etc. ), and I was very happy when I told the landlord to go through legal procedures. "All reactionaries are paper tigers!" Don't be afraid, many things are really not as difficult as you think!
Attach the screenshot of the chat before the deleted WeChat and the screenshot of the final deposit refund ~