Can I refund the rent deposit if I cancel the contract in advance?

If it is clearly stipulated in the contract that liquidated damages are required to terminate the contract in advance, and the tenant chooses to pay liquidated damages to terminate the contract in advance, the deposit can be refunded. If the contract does not clearly stipulate the specific terms of early termination, it needs to be reached through consultation with the landlord, and the landlord has the right to deduct part of the deposit.

According to the contract law, if both parties reach an agreement through consultation or terminate the contract in accordance with relevant laws, they shall bear corresponding responsibilities in accordance with the agreement or legal provisions. Therefore, if it is clearly stipulated in the lease contract that liquidated damages should be paid for early termination, and the lessee chooses to pay liquidated damages and terminate the contract in advance, the deposit can be refunded, but it should be noted that the liquidated damages should not be higher than the actual loss. If the contract does not clearly stipulate that an agreement needs to be reached after consultation with the landlord, the landlord has the right to deduct part of the deposit to make up for the loss. At the same time, when the tenant cancels the contract in advance, he should inform the landlord of the time and reason for canceling the contract in advance, and keep relevant evidence. It should be noted that when the contract is terminated in advance, if the tenant fails to pay the liquidated damages as agreed or fails to reach an agreement through negotiation, the landlord has the right not to refund the deposit, and at the same time, the legal responsibility of the tenant can be investigated. If there is a dispute between the two parties, it is suggested to seek a solution through legal channels.

If the landlord does not agree to terminate the contract in advance, does the tenant have the right to ask for a refund of the deposit? If the landlord does not agree to terminate the contract in advance, the tenant has no right to forcibly terminate the contract. Relevant responsibilities shall be settled by both parties through consultation. If both parties cannot reach an agreement through consultation, it shall be handled according to the contract or legal provisions. If the contract stipulates the relevant agreement on early termination, it needs to be handled in accordance with the agreement; If there is no clear agreement, it is necessary to reach an agreement according to the relevant provisions of the contract law and the actual situation, including whether to pay liquidated damages and how to deal with the deposit. If the landlord violates the contract and refuses to refund the deposit, the tenant can safeguard his rights and interests through legal channels.

Before signing the lease contract, the lessee should carefully read the contents of the contract, understand the terms of the contract, understand the provisions of early termination and deposit refund, and avoid conflicts and disputes. If there is any problem, it can be solved through consultation with the landlord. If negotiation fails, we can defend our rights through legal channels.

Legal basis:

Article 510 of the Civil Code of People's Republic of China (PRC) * * After the contract comes into effect, the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc. They can supplement the agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits. Article 704 The contents of a lease contract generally include terms such as the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the lease item. Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.