I lost my deposit receipt. What should I do if I don't?

The landlord should refund the deposit to the tenant. When the tenant pays the deposit, the landlord gives the tenant a receipt in duplicate, and the landlord keeps one for himself. Therefore, as long as the tenant writes a written statement to explain to the landlord that he has not breached the contract and lost the deposit, the landlord should return it to the tenant. At the same time, the tenant can write a receipt to the landlord to prove that he has received the deposit. If the landlord refuses to refund, the tenant can complain to the house rental management office in his street or community.

Legal analysis

During the lease period, the owner and tenant should sign a lease contract for safety, otherwise it is not good to prove their respective responsibilities in the event of a housing dispute. At the same time, tenants should also take good care of certificates such as deposit slips to avoid being found when using them. Lease deposit is generally used to restrain the lessee's breach of contract, such as the lessee's refusal to rent, damage to goods, failure to pay utilities, etc. Receipt is not the only basis for refund. If the receipt is lost, you can handle it this way: if the receipt is two or three copies, although it is lost, but the other party has one or two deposit certificates, you can ask to see the deposit certificates. If it is only a handwritten bill receipt, you can check it with the other party's bank transfer record. If there is no transfer record, you can look for witnesses and retrieve the surveillance video at the time of the incident. With preliminary evidence, if the other party still refuses to accept the debt, it is necessary to bring a lawsuit to the people's court as soon as possible to claim its legitimate rights and interests, so as to avoid the statute of limitations. Finally, if the receipt is lost, you can issue a certificate of receipt loss.

legal ground

Article 436 of the Civil Code of People's Republic of China (PRC) If the debtor performs the debt or the pledger pays off the secured creditor's rights in advance, the pledgee shall return the pledged property. According to the agreement of the parties, if the debtor fails to perform the due debts or realize the pledge, the pledgee may agree with the pledgor to discount or give priority to the payment with the proceeds from auction or sale of the pledged property. Where the pledged property is discounted or sold, it shall refer to the market price.