Legal analysis
First of all, the way for the landlord not to refund the deposit for no reason is of course negotiation and prosecution. The general deposit will be stipulated in the contract, and the landlord's behavior is a breach of contract and can be handled in the way agreed in the contract. Of course, in this case, negotiation generally can't solve the problem, and most of them will go to the step of prosecution. The landlord's malicious breach of contract violates the provisions of the contract law. If he brings a lawsuit to the court, he can not only ask for the return of the deposit, but also ask him to pay the liquidated damages according to the contract. Secondly, the prosecution should have sufficient evidence, and the matters that must be proved do exist in the lease, and the lease relationship has ended. There is no such thing as compensation for the landlord, and the landlord does have the act of seizing evidence. In order to prove the facts, the relevant information of renting houses is usually kept as evidence to support the claim. 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. The people's court shall not support the retention money, deposit, deposit, contract money, deposit or deposit delivered by the parties, but the investment has the nature of an agreed deposit, and the parties claim the right of deposit. Unless otherwise agreed in the contract, the lessor shall return the lease deposit in full to the lessee without interest the day after the lease relationship is terminated and the lessee has moved out, cleared up and paid all the payable expenses. If there is any property loss during the lease period, the deposit shall be deducted, and the deposit shall be refunded after deducting the property loss. Under the condition that the nature of the deposit is clearly agreed, the role of the deposit is to set a guarantee for the house and the property in it. If the lessor's house and indoor facilities are damaged during the lease period, it will be deducted from the deposit.
legal ground
Upon the expiration of Article 733 of the Civil Code of People's Republic of China (PRC), the lessee shall return the lease item. The returned lease item shall conform to the state after use in accordance with the agreement or the nature of the lease item.
Article 734 Where the lessee continues to use the lease item at the expiration of the lease term, and the lessor does not raise any objection, the original lease contract shall remain valid, but the lease term is indefinite. At the expiration of the lease term, under the same conditions, the lessee has the priority to lease.