Then, what should the landlord do if he finds various excuses not to refund the deposit? What are the effective ways and methods? Do you need to call the police or sue? The following analysis and provide some effective suggestions.
First of all, when renting a house, you must ask for Party A's ID card information and real estate information to avoid disputes and find no one. If the second landlord can't provide the real estate license, then at least look at the ID card and fill in the ID number. This problem is especially important when decorating a house or signing other contracts! In this case, whether I live in my own house or rent an office, I met the landlord very readily, but I also met several great landlords. Most of these landlords are women, and there are many things. Obviously, there is no problem, and they will deliberately find fault, saying that when they are handed over to you, the houses are all new. They think that a house that has been renovated for more than 10 years is a brand-new model house. Even those who find fault with hygiene will find fault with the house you live in because it is too old. In order to get rid of that petty gain, even the work of government agencies and institutions really lost their chin.
1. When the landlord doesn't refund the deposit, the effective solution and method: 1: the killer-call the tax service hotline 12366 to report the landlord's tax evasion in renting the house. Individuals need to pay taxes as long as they have business activities. Paying taxes is the duty of citizens. No matter what others say, remember that national laws are above everything else! Just renting a house, most of us won't ask for it, because the wool is on the sheep. At the beginning, the landlord will add tenants. But as long as you insist, he must drive This 654.38 million yuan is exempt from business tax, but it requires 10% personal income tax and 2.5% stamp duty. Of course, individual taxes may be levied by themselves, and if they are all added up, there may be a deduction. If not, I know at least he has to pay these two taxes. Note: Generally, when signing a contract, the price including tax will not be signed, or the tax will be borne by the tenant. There is no agreement in this respect that the defaulting landlord must pay taxes.
This number is very useful for personal tests. We dialed 12366 tax service hotline in three different provinces, and this number is more active than 12345! I tried several times, and when I came out, I admitted it! Especially this year! Don't be fooled by others, especially the intermediary, thinking that making this call doesn't work, although try boldly. They just bully and scare tenants who have no social experience, and they will say that you can report how you like. If you really do this, many people will recognize it.
Case 1:
2065438+2009 Renting is due for check-out, and the house is clean. If there is nothing wrong with it, people will say that the house is old, the walls have to be painted and the money has to be seized. I wasn't in when I checked out, but my family was. The landlord was really bad at that time. The landlord is a person who has worked in a public institution for 8 1 year, and small money is also important. When renting a house before, her house was rented to someone else. At that time, the landlord said that in order not to let her mother-in-law and brother-in-law live in the house, I thought it was human nature. She also kept saying that the last tenant was too bad and brought a child to dirty the mattress. I don't care about her mattress because I have a lot of furniture. Then when the contract was signed, the landlord and mother came and asked a circle of questions. I asked her directly. My family lives together. Of course, so do my parents. Don't you have any children or parents? Some children's parents have to work. Won't grandparents help? In fact, at that time, such people should not be rented out. At that time, the landlord said the house was too old to pick out anything. A house of more than ten years is as ridiculous as a model room. Who doesn't have hot water in the model kitchen? Whose house is abnormally worn out, she also said that if her mother were here, it would be even worse, and it would piss us off. This is rude. My mother didn't do a good job of cleaning the tail behind her, and I was furious! Anyway, what are you doing? Later, I made a video to let my neighbors testify, just in case.
At that time, I edited a short message to her, asking for an invoice and returning the rent within the specified time. If not, I will report your tax evasion to the local tax bureau. I will send the court leaflet to your office. Think carefully about what I said before you reply to me. Well, because we have some overlap in our work with them, we know her and her target work unit. If you rent a house, you'd better decide the other party's work unit. The lawyer said, in fact, you don't have to report it. People with such units only need to report the situation to the party secretary of the unit, and she will be afraid of encroaching on your property. The money was transferred the next afternoon.
Why is this happening?
Because she has taken advantage of this before, and this kind of person is also used to taking cards. Don't expect their conscience to find out that there is no such thing.
Case 2:
Some time ago, because of renting a house, the electrical appliance broke down and the landlord refused to repair it. In a rage, I called our local number 12366. The result didn't wait for the tax bureau to verify with me. The tax bureau made three or four soul-seeking calls this morning. I guess the landlord is on pins and needles! So she kept calling to urge the withdrawal of the lawsuit, and the alimony could be solved. I think he must be in a hurry. He still hung up or didn't answer the phone. Obviously, the law and what you have learned are unreasonable, but your words are quite horizontal, and you will pay the price!
Solution 2: sue the landlord for not refunding the deposit. If you have the other party's ID number, name and telephone information (if you don't have an ID number, the court can send a letter to apply), you can sue. When renting a house, you must pay attention to the other party's ID number and name. I even asked for the real estate license. In case there is no evidence in the future.
Court consultation customer service telephone number: 12368.
Once a lawsuit is filed with the court, the house can no longer be rented. The cost of litigation depends on the amount. I only pay 50 yuan for this kind of dispute. Many cities have online courts, and provincial capitals are estimated to have pocket courts to search official WeChat accounts. Really cheap and convenient! Don't be afraid of trouble. If you file a lawsuit for the first time, people may have to appeal, which is basically impossible. Then, if the other party procrastinates, it can apply for enforcement. If they don't give it, they will be included in the list of dishonesty, which will affect consumption and his children.
This is more effective for the nature of the second landlord and the company. I once helped a netizen to come back and pay more rent. At that time, the netizen was still a child of the hospital and booked the so-called B&B of the second landlord. As a result, I signed more than 10 thousand for a month and a half. Later, the bugs and cockroaches in this house were not mentioned. Before they made a reservation, they agreed that they might not be able to stay that long. At that time, they will tell him half a month in advance that it is a daily rent, and the room rate for one day is more than 300. In this case, the second landlord tried to cheat her out of her money. At first, the netizen said that even half the money would do, but the landlord refused. What's more, I can't tell you that I am so kind to you. If you can't be so heartless, I'll leave. Thick-skinned enough I asked her to copy what I said to the second landlord. At first, I said you could sue at will. Someone in my public security bureau said such nonsense. I said you can talk directly. Why didn't you say there was someone in Zhongnanhai? Finally, give them a point anyway, and many will come back. But in the process, I think I'm going to get angry with the bronze I can't hold back. I'm afraid of retaliation. I'm afraid this remark hurts people ... sometimes some people are too steamed stuffed bun and easy to be remembered by dogs! No one wants the house to get into a dispute, especially if you are legally 100% reasonable. It's just that some people have no cost. As long as they are shameless, they can easily take advantage of it and get used to it. Unless some landlords are stupid enough to be angry at not asking for money, that's what they want.
Solution 3: If there is a dispute with the landlord, the other party will call the police when it encroaches on the property. This letter of assistance will be coordinated, but veterans are not afraid, because it is only mediation and will not do anything, so it is difficult to reach an agreement.
Solution 4: Call the Housing Authority to complain. If the landlord does not refund the deposit, he can call the local housing authority to complain. If you don't know the phone number, you can call 12345 for consultation or complain directly. As for the complaint or administrative punishment of beating the Housing Authority, I found that when we look at cities, such as ours, they don't do much. They don't even know the policy about individual renting. Actually, they have jurisdiction. They often say that you can't do it without law enforcement power. Try it if you want.
Solution 5: Cure evil with evil (not recommended) As for the retaliatory measures proposed by everyone, such as blocking the keyhole, blocking the toilet, blocking the sewer, painting the wall, or selling furniture, I think it is unwise and easy to leave a handle. Don't lower us to the same bottomless pit level as them, just make ourselves feel bad. Legally speaking, whoever reports will give evidence, unless you don't have to leave evidence, you are allowed to report.
Solution 6: Reporting Group Renting Regarding group renting, some places have special group renting telephone numbers, not every city. For details, please consult 1 14 or call the mayor's hotline 12345. There must be a fire problem in group renting. The fire report telephone number is 96 1 19. If it is not accepted, you can also call 12345 to report the other party's inaction, or the Disciplinary Committee can report it in real name. At the same time, these two calls can also be used to report the staff who seek mediation from the neighborhood Committee, and the other party does not participate in mediation. I asked them to mediate, and the other party lied to me that they had never done such a thing, and directly told me how you had this job responsibility. If you don't even know the scope of your work, then I'll go to the mayor's hotline and say you quit. The other party immediately said, then tell me what it is ... is it that for them, their job is to drink tea during the day and watch the stock market? You don't have to do anything difficult.
There will always be such rubbish people in this world who have no moral bottom line and no legal consciousness. Be sure to protect yourself!
Second, solutions to common disputes The most common disputes between tenants and landlords:
1, tiles, walls, etc. The reason used by the landlord is that the house is getting old because of living, such as tile wear. This in itself is normal and has losses. It is impossible to get more and more new, which is untenable. If the landlord thinks that the tenant's use causes wear and tear, let them produce evidence or appraisal! This is difficult to prove, and it is hard to say that it is the tenant's reason to identify the money.
There are problems with home appliances and furniture. When the household appliances and furniture in the rental house have problems under normal use, they refuse to maintain them and ask the tenants to bear them. If the house rented by the other party is defined as residence, if it cannot meet the living function, the landlord will breach the contract according to the national contract law! Not everything is written in our contract, and the premise of the contract we sign must conform to the laws of the country. The state has contract law that does not belong to the lessee, unless the contract stipulates that the lessee's support should respect the contractual will.
When the deposit is deducted because of the aging, damage or maintenance of furniture and appliances, the landlord must prove that his things were damaged because of your improper use if he wants to withhold the deposit. If the house you live in has been renovated for a long time, ask the other party to show proof of the time of purchase. If the trial time exceeds, it will be scrapped, resulting in quality problems. Asking for money doesn't hold water.
Second, the relevant laws and regulations of house leasing, please take a good look at the relevant laws and regulations of house leasing, which can be used in litigation without asking a lawyer.
1. Provisions of the Contract Law on House Lease Article 216 of the Contract Law stipulates that "the lessor shall deliver the lease item to the lessee as agreed, and keep the lease item in line with the agreed purpose during the lease period."
The purpose of renting a house is to live. As a landlord, we must first ensure that the house is in a state of safe living. The so-called safe life should include basic needs such as water safety, electricity safety and gas safety (including gas and coal gas).
According to Article 227 of the Contract Law, "If the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may require the lessee to pay within a reasonable period of time. If the lessee fails to pay within the time limit, the lessor may terminate the contract. " If the lease contract is unclear and no agreement can be reached through consultation, the parties may handle the dispute in accordance with these provisions.
Although the law is brief, its application in real life has certain procedural requirements.
First, the lessee does not pay the rent without justifiable reasons. According to judicial practice, the lessee can put forward legitimate reasons for refusing to pay the rent: (1) If the leased property is partially or completely damaged or lost due to force majeure or unexpected events, and the lessee can no longer use the leased property and benefit from it, the lessee may not pay the rent; (2) The lessor fails to perform the obligations stipulated in the contract, such as the delivered house does not meet the agreed conditions of use; During the lease period, there are quality problems in the leased house, and the lessor should repair it and refuses to repair it; (3) The lessee is temporarily unable to pay the rent due to its own special circumstances. The lessee is seriously ill in hospital and has temporary financial difficulties and is unable to pay the rent due.
When the lessee finds that there are quality problems affecting the use of the leased house, according to the provisions of the Contract Law, the lessee can communicate with the lessor in time. If the lessor refuses to perform, it can repair it by itself, and the maintenance expenses shall be borne by the lessor, and relevant evidence shall be kept. In judicial practice, it is usually necessary for the lessee to prove that the leased house is in such a serious situation that it can not be used normally or can not be used, and then he can ask to terminate the contract and not pay the rent. If there is a problem with the local ancillary facilities of the leased house without affecting the overall use, the court will not support it. However, it is difficult to prove in this respect, and it is often found by the court that the lessee has breached the contract because of insufficient evidence.
Other clauses in People's Republic of China (PRC) Contract Law:
Article 216 The lessor shall deliver the lease item to the lessee as agreed, and keep the lease item in line with the agreed purpose during the lease period.
Article 217 The lessee shall use the lease item in the agreed way. If the method of using the lease item is not prescribed or clearly prescribed, and cannot be determined according to the provisions of Article 61 of this Law, it shall be used according to the nature of the lease item.
Article 218 Where the lessee uses the lease item according to the agreed method or the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for damages.
Article 219 Where the lessee fails to use the lease item in accordance with the agreed method or the nature of the lease item, thereby causing losses to the lease item, the lessor may terminate the contract and demand compensation for the losses.
Article 220 The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.
2. Relevant clauses of Detailed Rules for Safe Service Life of Household Appliances In addition, household appliances have a service life. The other party obviously came with antiques and said that the home is new. I feel that his family knows the rhythm of taking these things into the coffin, and may also prepare to pass them on to her children and grandchildren as family heirlooms.
Detailed Rules for Safe Service Life of Household Appliances stipulates that the safe service life of range hoods is 7 years. Gas cookers, water heaters and range hoods are all eight years old, and the state stipulates that they will be scrapped after the expiration date. In fact, if brand manufacturers such as Siemens can find out when they bought it, it is impossible to deny that it is new. I didn't notice the light bulb, air conditioner, washing machine and refrigerator, but they all have years.
The aging of parts will also bring hidden dangers, especially the gas leakage and poisoning risk caused by incomplete combustion of gas stoves. It is recommended to replace it in time.